Term
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Definition
| Institutions and processes for enforcing the law. (primarily courts in the U.S.) |
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Term
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Definition
| The body of rules and principles of conduct that are enforceable through sanctions. |
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| functions of legal systems |
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Definition
1. Punishment for those that fail to conform to rules of law.
2. Resolutions of disputes of private individuals who can't resolve them on their own. |
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| Allows the sale, purchase, and exchange of goods and services. |
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Definition
| systems of moral standards and beliefs, that address the most fundamental issues of social conduct like honesty, loyalty, fair treatment of others and respect for human rights and dignity. (provide guidance) |
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Term
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Definition
| Defines the rights to which a person is entitled and the duties a person is obligated to perform. |
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Definition
| Establishes the mechanisms to enforce the rights and duties of substantive law. |
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Definition
| Principles and rules that protect society as a whole by establishing certain minimum standards of acceptable conduct and punishing those who fail to meet those standards. |
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Definition
| Concerns relations between individuals and is remedial in nature. Enforced by the party who was injured by violation of civil law. |
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| Principles and rules that involve the government in its capacity of representing society. Government acts on behalf of society. |
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Definition
| Rules and principles that involve persons as private individuals. Three areas of law: torts, property and contracts. |
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Term
| courts of chancery/courts of equity |
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Definition
| English court system. Operated without juries used broad concepts of fairness and justice. Created "equitable remedies". |
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Definition
| Used when money damages were not adequate. (ex. injunction -most significant) |
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Definition
| An order requiring a party to do or refrain from doing some act. |
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Definition
| A person who has been authorized by one or more states to practice law on behalf of citizens. |
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Term
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Definition
| Written laws the legislative branch adopts. Executive branch executes them. Judicial branch enforces the laws in specific cases presented in the courts . Must be consistent with its constitution. |
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Term
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Definition
| Establishes the basic principles, governmental structure and law of a state or nation. |
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Term
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Definition
| Written agreement that binds the states together as a federation. 7 articles. 27 amendments. |
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Term
| Functions of the U.S. Constitution |
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Definition
1. limits powers of the states and their governments.
2. Enumerates the powers that the states have delegated to the federal government.
3. Guarantees rights to the people. |
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Term
| Limitations on States' Powers |
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Definition
| Federal Constitution restricts powers by making state law subordinate to federal law. |
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Term
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Definition
| Requires a court to invalidate and refuse to enforce any state law that conflicts with the federal Constitution, federal statutes or federal treaties. |
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Term
| Enumeration of Federal Powers |
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Definition
| Federal government has no inherent powers, but possesses only those powers the states have delegated to it. |
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Term
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Definition
| Congress exercises by enacting statutes. House has power to impeach judicial and executive officers. Senate has power to try all impeachments. |
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Term
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Definition
| Executive powers to the president. Serves as commander-in-cheif. Veto power. Make treaties and appoint ambassadors and Supreme Court Justices. |
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Term
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Definition
| Grants federal judicial power to the U.S. Supreme court and other federal courts. |
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Term
| Doctrine of Judicial Review |
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Definition
| Federal courts have the power to determine whether acts of the legislative and executive branches comply with the Constitution and to refuse to enforce those acts that violate it. **Marbury v. Madison key case. |
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Term
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Definition
| Case in which Marbury who was supposed to be appointed as a federal justice of peace by John Adams, an incumbent Federalist, fought for a writ of mandamus ordering the new President Madison to deliver the commission to appoint him. Question over whether writs of mandamus is a case the Constitution allows to be brought to the Supreme Court --determined it was not. |
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Term
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Definition
| An issue ordered by a court commanding a public official to perform a specific act or duty. |
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Term
| Guarantee of individual rights |
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Definition
| Set forth by the Bill of Rights. |
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Term
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Definition
| Outlines the principles and organization of the state's government and the rights guaranteed to citizens of the state. |
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Term
| United States Code (U.S.C) |
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Definition
| All federal statutes codified in and divided into different titles. |
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Term
| Code of Federal Regulations (C.F.R.) |
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Definition
| The coding federal regulations are compiled into. |
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Term
| uniform codes, acts and laws |
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Definition
| Areas of laws requiring uniformity drafted by the National Conference. Encouraged adoption by every state. Voted on and if passed becomes a state statute. |
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Term
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Definition
| Rules and principles of law embodied in cases previously decided by the courts. |
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Term
| doctrine of stare decisis |
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Definition
| Courts will adhere to and apply principles of law decided in prior cases to later cases with most of the same facts. |
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Term
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Definition
| The rule of law that resolved the issue of the prior case (doctrine of stare decisis). Is precedent for resolving cases with similar facts. |
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Term
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Definition
| A statute that repeals or abolishes a common law principle. |
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Term
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Definition
| Case in which plaintiff sued her husband due to injuries in a car accident accusing the defendent of negligence. Ruling in favor of defendant due to common law of interspousal immunity. Overrule and reversed after the doctrine determined to be a no longer viable concept/does not meet the needs of society. |
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Term
| Restatement of the Law ("The Restatement") |
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Definition
| Purpose is to state the law as it would be decided today by the majority of courts. Contains principles American Law Institute believes would be applied is all courts reexamined common law rules. |
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Term
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Definition
| Legal cases initiated by this person who seeks some form of judicial remedy from or penalty against another (defendant). |
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Term
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Definition
| Power and authority to render a binding decision of law. |
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Term
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Definition
| Power to render the initial decision in a case. Parties first obtain a legal ruling to resolve a case. |
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Term
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Definition
| Review cases that have been tried by a court of original jurisdiction. Correct and revise legal errors made in prior proceedings. Not conducted in courts, simply review the trial that was held previously. |
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Term
| subject matter jurisdiction |
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Definition
| Established for each court by the statute or constitution that created the court tells courts what type of cases they have power to resolve. Ex: general subject matter, limited subject matter, federal bankruptcy courts. |
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Term
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Definition
| Courts of original and limited jurisdiction to handle cases of specialized nature. Ex: probate courts, traffic, municipal and small claims courts. |
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Term
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Definition
| Forum in which the trial occurs to establish the facts underlying the case. |
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Term
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Definition
| Entitles a party to a lawsuit to one appeal of right. |
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Term
| intermediate appellate courts |
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Definition
| States appeal of right generally to this court. |
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Term
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Definition
| Court of last resort. In states without intermediary appellate court appeals taken right to it, but in courts with intermediary appellate courts the state supreme court provides another review of cases already reviewed by the appeals court. |
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Term
| function of appellate courts |
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Definition
| To review inferior trial court decisions to determine whether reversible error has occurred. Reviewed by 3+ judges and conclusion reached by majority vote. Generally accepts facts as found. |
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Term
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Definition
| Trial courts of federal jurisdiction in most cases. |
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Term
| Federal Question Jurisdiction |
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Definition
| District courts allowed to resolve cases arising under the U.S. Constitution, federal statutes or treaties. |
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Term
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Definition
| Civil cases in which the plaintiff and defendant demonstrates diversity of citizenship and the amount of money is greater than $75,000. Meant to eliminate bias that might occur in a state trial court. |
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Term
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Definition
| Exist if the plaintiff and defendant are members of different states or countries. |
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Term
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Definition
| When all justices for a circuit review a case. |
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Term
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Definition
| A court of appellate jurisdiction with the power to review cases from both the federal courts of appeals and the state courts. |
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Term
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Definition
| Issued if the Supreme Court judges give discretion to review a case. |
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Term
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Definition
| Federal Court's power to transfer a case. |
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Term
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Definition
| Rules of law to determine when and how its courts will apply another state's law. Important when states have different laws (prevent forum shopping) |
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Term
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Definition
| Choosing to sue in a particular state because its laws are more advantageous. |
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Term
| Erie Railroad Co. v. Tompkins |
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Definition
| Case in which Tompkins sued Erie for injuries incurred while walking along the side of their tracks. Tompkins argued for federal jurisdiction to overrule Penns state law and originally won, but later reversed. |
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Term
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Definition
| Doctrine originally governing Erie v. Tompkins. Federal courts exercising jurisdiction on the grounds of diversity need not apply the unwritten law of the State as declared by the highest court. |
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Term
| certification of issues law |
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Definition
| Allows the federal courts to obtain a ruling on the appropriate law from the state supreme court and then apply it to the case before it. |
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Term
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Definition
| Requires the plaintiff to file a lawsuit within a specified period of time after the legal claim arises. Mainly to prevent stale claims. |
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Term
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Definition
| Those that are so old the witnesses may have forgotten the facts, died, moved, lost or destroyed relevant info. |
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Term
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Definition
| Sets a fixed outside time limit to when the legal claim arises or the plaintiffs awareness that the claim exist. |
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Term
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Definition
| Allows court to deny recovery to a plaintiff who unreasonably delays in presenting an equitable claim to the court. |
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Term
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Definition
| Contesting a claim in court to resolve it. |
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Term
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Definition
| An arbitration agreement. |
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Term
| Advanced Micro Devices, Inc v. Intel Corporation |
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Definition
| Had a contract subject to arbitration if broken, to exchange tech info so they could make products substitutable for each other. AMD(plaintiff) --> Intel breached contract. Arbitrator found it to be true. Cali Supreme court reversed decision. |
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Term
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Definition
| Arbitration agreements shall be valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract. |
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Term
| neutral evaluation (alternative arbitration method) |
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Definition
| A neutral third party provides evaluations of both parties cases and a prediction of trial results. Also may assist in reaching a settlement. |
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Term
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Definition
| Party attorneys submit a summary of case to executives. Executives meet to reach a settlement. (business decision) |
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Term
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Definition
| Parties agree to have case resolved by a retired judge with expertise. Procedural rules followed...rulings may be repealed to higher court. |
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Term
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Definition
| Entitles a party to a civil lawsuit. Three stages to case: pleadings, discovery and trial. |
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Term
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Definition
| Written documents summarizing facts and establishing the legal issues of a lawsuit. Generally must be signed by attorney. Included: complaint, answer, counterclaim, third-party complaints etc... |
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Term
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Definition
| Statement of the basis for the courts jurisdiction, allegations of fact, and prayer or demand for relief. |
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Term
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Definition
| facts that if proven, entitle the plaintiff to judicial relief. Statutory and common law establish elements of cause of action. |
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Term
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Definition
monetary award.
General (compensatory/actual) - compensate plaintiff for direct and immediate losses caused by def conduct.
Special - requested for extraordinary injuries peculiar to the plaintiff. |
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Term
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Definition
| Cases involving numerous plaintiffs. Can be on behalf of all persons having claims based on the same issues of fact and law. |
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Term
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Definition
| Formal delivery of complaint and summons (orders defendant to be in court) to the defendant. |
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Term
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Definition
| Court's power and authority to issue a judgment that is binding on the parties. |
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Term
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Definition
Codifies the minimum contacts that subject a nonresident defendant to a state court's jurisdiction.
p. 35 |
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Term
| specific personal jurisdiction |
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Definition
When jurisdiction over a defendant is limited because case is based on only long arm statute. Court may only consider claims arising from specific contacts with state.
1. defendants contact with state must be purposeful.
2. Cause of action must relate to those contacts. |
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Term
| American Type Culture Collection, Inc v. Coleman |
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Definition
| Coleman and other veterans of the Gulf War sued ATCC for injuries claiming to have occured due to ATCC materials used in chemical/biological weapons. Sued in Texas. Orginally personal jurisdiction held to ATCC and lawsuit went through. Appeal to USSC found that ATCC did not have continuing and systematic activity necessary to call for personal jurisdiction in Texas. Judgment reversed and remanded. |
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Term
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Definition
| Defendants contacts are continuous and systematic. |
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Term
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Definition
| If defendant doesn't respond to service of process, a ruling in favor of the plaintiff is made granting relief requested by the plaintiff. |
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Term
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Definition
| Must reply to each allegation by admitting or denying each. If defendant doesn't know -- same as denial. Also must include affirmative defenses. |
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Term
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Definition
| Allegation of facts that the law recognizes as a bar to the plaintiff's claim. |
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Term
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Definition
| Filed by defendant at the same time he/she answers the complaint. It is a complaint filed by the defendant against the plaintiff. Either compulsory or permissive. |
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Term
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Definition
| Legal claims arising from the same facts alleged in original complaint. |
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Term
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Definition
| Defendant not required to file...usually concern facts not related to plaintiff's cause of action. |
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Term
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Definition
| defendants complaint against other parties listed as defendants in the lawsuit. |
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Term
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Definition
| Defendant named in original complaint may sue others not named as parties in the original suit. |
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Term
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Definition
| An application to the court to issue an order on a matter of law. Made during pretrial proceedings and throughout the trial. |
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Term
| motion to dismiss the complaint |
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Definition
| Filed by the defendant may request the court to dismiss the lawsuit on the grounds that the court does not have the power or authority to hear the case. |
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Term
| motion for judgment on the pleadings |
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Definition
| After all pleadings have been filed, allows the court to rule as a matter of law that one of the parties is entitle to judgment...rarely granted. |
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Term
| motion for change of venue |
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Definition
| Motion for change of place of trial must be made prior to trial. |
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Term
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Definition
| Stated in statute rules and determine which particular court should hear the case. |
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Term
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Definition
| Removal or transfer of a case from state to federal court if the case originally could have been filed in federal court. - if fed question involved, no regard to citizenship required. |
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Term
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Definition
| Process in which parties collect evidence for the case. Five tools: interrogatories, depositions, request for production of documents and thigngs, physical/mental examinations, request for admission to assist in process. |
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Term
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Definition
| Written questions submitted by one party who must provide written answers under oath. |
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Term
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Definition
| testimony under oath of a person who is examined. |
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Term
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Definition
| If deponent is not a party to the suit and will not attend voluntarily, a court order commanding the deponent to appear and present testimony is issued. |
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Term
| request for production documents and things |
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Definition
| A party's written request to another party to produce specified materials in her possession or control for examination and copying. |
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Term
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Definition
| A written request from either party to admit certain facts or opinions of facts or the genuineness of specific documents. |
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Term
| motion for summary judgment |
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Definition
| Party making the motion, must establish that no relevant facts are in dispute allowing the judge to decide cases as matters of law. Must prove lack of factual controversy. --Discovery tools used to establish those facts. |
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Term
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Definition
| Formal proceeding in which issues established in pleadings are resolved. Either jury or bench. |
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Term
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Definition
| Jury Trial - body of disinterested persons selected to determine all issues of fact. Judge decides issues of law and jury determines issues of facts. |
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Term
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Definition
| Guarantees right to jury trial in common law cases. No right in equity cases and in cases based on statutory cause of action, parties entitled only if statute so provides. |
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Term
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Definition
| Used if parties waive their right to a jury trial or there is no right to one. Judge determines all issues of facts and decides issues of law. |
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Term
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Definition
| legally administered testimony of witnesses and documents or other pertinent tangible items offered to prove the facts alleged in the pleadings. |
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Term
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Definition
| the duty or obligation to prove the disputed fact(s) constituting a cause of action or affirmative defense. Plaintiff must establish prima facie case. Defendant must prove facts alleged in any affirmative defenses. Must establish a preponderance of evidence that allegations are true. |
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Term
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Definition
| Procedure by which the potential jurors are questioned under oath to determine whether they are suitable to serve on jury in a particular case. |
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Term
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Definition
| Disqualifications of the potential juror because of business or personal ties to a party/attorney or demonstrated bias concerning merits of the case. |
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Term
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Definition
| Disqualification of potential juror for which the party need not state a reason. |
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Term
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Definition
| A general explanation of the case and its facts that the party will try to prove. |
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Term
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Definition
| Evidence presented usually through witness testimony. |
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Term
| motion for directed verdict |
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Definition
| As witnesses examined, evidence presented and case rested. Defendant request that the court rule as a matter of law that the defendant is entitled to judgment in his favor. If denied, defendant presents his evidence. |
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Term
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Definition
| Statements to assist the trier of fact to analyze evidence of the case. |
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Term
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Definition
| Legal proceeding that determines the guilt or innocence of a person charged with a crime. |
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Term
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Definition
| The surrender of one state of an individual accused of a crime to another state or country having jurisdiction to try the offender. Jurisdiction obtained by arrest in criminal cases. |
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Term
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Definition
| An administrative procedure during which the suspect's name, time of arrest, and alleged crime are recorded in police records and defendant is photographed and fingerprinted. |
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Term
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Definition
| USSC ruled government authorities must advise suspects of their 5th and 6th Amendments rights (Miranda warning) before interrogation. |
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Term
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Definition
| Charles Dickerson indicted for bank robbery argued statements made be suppressed. Granted because he did not recieve his Miranda warning -- federal government argued statement permissable due to a federal statute --federal court held it admissible due to statute. Supreme counrt determined Miranda could not be overruled and decision reversed. |
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Term
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Definition
| A private or civil wrong of injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages. |
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Term
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Definition
| A person who commits a tort. |
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Term
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Definition
| If he either desires to cause the consequences of his act, or believes that the consequences are substantially certain to result from it. |
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Term
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Definition
| A monetary award designed to compensate plaintiff for injuries caused by defendant (tort law) |
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Term
| punitive/exemplary damages |
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Definition
| Monetary award designed to punish the defendant and to deter similar conduct by the defendant or others in the future. |
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Term
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Definition
| Law protects through tort a person's reputation and good name. Two forms of action: libel and slander. |
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Term
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Definition
| Publication of a defamatory statement by written or printed words, embodiment in other physical form or radio/tv communication. |
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Term
| Adams v. Zayre Corporation |
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Definition
| (false imprisonment) Adams and daughter roughly detained by security officers for stealing a radio, but no stolen items found. Zayre appealed decision in Adam's favor. Jury found factual basis for punitive award...judgment affirmed. |
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Term
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Definition
| When a person is intentionally confined within fixed boundaries. Must be total and complete. |
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Term
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Definition
| Communication of the defamatory statement by spoken or gestures. |
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Term
| Sigal Construction Company v. Stanbury |
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Definition
| (defamation) Stanbury alleges defamation after Littmen a Sigel executive delivers a bad reference to a potential new employer. Jury ruled in favor of Stanley, Sigal appealed. Lost appeal as Littment's statements were negligent and not based on fact. |
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Term
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Definition
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Term
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Definition
Intentionally interfering with another's right to exclusive possession of real property.
1. enter land possessed by another.
2. remains on the land
3. causes anyone/thing to enter the land.
4. fails to remove a thing which is under duty to be. |
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Term
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Definition
| Human activity conducted on land that is harmful or annoying to neighbors or general public. |
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Term
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Definition
| Involves invasion of public rights. ex. buildings used for criminal offense (prostitution/storing drugs). |
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Term
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Definition
| Strictly private tort remedy. Protects against invasions of private interest in use and enjoyment of land. |
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Term
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Definition
| When one person intentionally exercises control over a chattel belonging to another...forced to buy from the owner. |
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Term
| contract law -S766 Restatement of Torts |
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Definition
| A person who "intentionally and improperly interferes with the performance if a contract" between two other persons "by inducing or otherwise causing" one of them not to perform is liable for tort damages to the other party to the broken contract. |
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Term
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Definition
| When a person does something that a reasonable person would not do or fails to do something that reasonable person would do under the circumstances. |
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Term
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Definition
| A hypothetical, fictitious person who possesses characteristics of attentiveness, knowledge, intelligence and judgment required by society for the protection of others. Personification/community ideal. |
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Term
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Definition
Whether the casual connection between the defendant's negligence and plaintiff's injury is strong enough to justify holding the defendant liable.
Questions --> 1. did the defendants negligence cause the injury? 2. was it foreseeable? |
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Term
| Rules to determine causation in fact |
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Definition
1. "But-for" - conduct is the proximate cause of injury if the injury would not have occurred but-for that conduct.
2. substantial-factor test - When separate acts of negligence combine to produce an injury, each tort-feasor is responsible for the entire result even if her act alone may not have caused it. |
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Term
| Palsgraf v. Island Railroad Company |
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Definition
| Passenger's packaged knocked over by railroad employees, firecrackers go off, stampede causes object to knock over and hit Palsgraf. Employees ruled not negligent to Palsgraf as the foreseeability of harm was not there (Palsgraf rule). |
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Term
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Definition
| Matter of hindsight, measured from court's point of view looking back upon events which in fact occurred, not from what the defendant should have seen at the time. |
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Term
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Definition
| Although defendant is negligent, intervening and independent cause may be the may be reason for the ultimate injury. Disputed in Hairston v. Alexander Tank & Equipment Co. --> Defendant is liable if intervening cause is foreseeable, if not defendant's liability is superceded by the subsequent event. |
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Term
| Hairston v. Alexander Tank and Equipment Co. |
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Definition
| John Hairston purchased car from Haygood Mercury. Wheel comes off on the highway 6miles away from dealer. Hairston stops, man parks behind him to help. Truck from Alex Co slams into van colliding with Hairston's car killing him. Haygood and Alex Co. sued by wife. Court decide Alex Co is proximate cause. Appealed, reversed and remanded. --> Haygood could have foreseen injury to Hairston due to crash. |
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Term
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Definition
| Negligence on plaintiff's part which, combining with defendant's negligence, causes plaintiff harm --> replaced by comparative fault. |
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Term
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Definition
| Plaintiff voluntarily assumed the risk of harm caused by defendant's negligent conduct. |
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Term
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Definition
Negligent plaintiff is awarded damages reduced in proportion to his fault in causing injury. (McIntyre v. Balentine case)
Pure=Damages reduced in proportion to percent negligence to plaintiff
Modified=Plaintiffs recover if their negligence is no more than 50%. |
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Term
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Definition
| Collision between McIntyre and Balentine (B hit M). Both parties had been drinking. Jury finds them equally at fault. Request for appeal on grounds of comparative negligence. Case remanded for new trial. |
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Term
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Definition
| Liability of land and building owners and occupiers for injuries occurring on property. |
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Term
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Definition
| Person who enters or remains on another's property without privilege to do so. |
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Term
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Definition
| Person privileged to enter the land due to owner's consent. ex. household members, social guest. |
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Term
| invitee (public or business) |
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Definition
public - member of public invited for a purpose which is held open to the public ex. museum, library.
business - invited to conduct business w/owner (a patron of a retail store). |
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Term
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Definition
No duty to exercise reasonable care to make property safe or conduct activities which won't endanger them. Just "refrain from willful and wantonly injuring him.
Exceptions: children. |
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Term
| turntable doctrine/attractive nuisance |
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Definition
| Enacted due to Sioux City & Pacific R.Co v. Stout - child injured due to turntable. Basis for rule owners must exercise reasonable care to eliminate danger or otherwise protect children. |
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Term
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Definition
| Duty to conduct activities w/reasonable care or make dangerous conditions safe only if 1. if owner expects licensee will not discover/realize danger. 2. licensee unaware of activities or conditions and risk involved. --> assumes risk after given this knowledge. |
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Term
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Definition
| Must exercise reasonable care to protect invitees against dangerous activities and conditions on property or at least give adequate warning. Invitees may recover only if owner should know there is an unreasonable amount of risk. |
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Term
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Definition
| Eliminates distinction between licensees and invitees and impose a duty of reasonable care to such entrants. |
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Term
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Definition
| (liability to licensee) slip and fall case. Judgment granted to Walmart. Later burden of proof landing on Lanier was too much/unreasonable and case overruled. reversed/remanded. |
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Term
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Definition
| (Tort) Liability imposed in absence of negligence and intent to interfere with plaintiff's legally protected interest. 2 types: possessors of animals and abnormally dangerous activities. |
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Term
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Definition
| Strict liability applied for personal injury/property damage due to livestock escape and trespassing on someones land. |
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Term
| abnormally dangerous activity |
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Definition
| Strict liability. Activity that is highly dangerous even if carefully performed. Liability imposed on theory of nuisance. |
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Term
| State Department of Environmental Protection v. Ventron Corporation |
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Definition
| Environmental protections sued numerous defendants to recover damages to areas ruined by toxic waste. Appellate court confirmed. Appealed by Ventron. Those who poison the land pay for the cure...Judgment affirmed. |
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Term
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Definition
| system of law that governs relationships among states (nations). |
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Term
| Basic characteristics of states |
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Definition
1.have fixed territory
2. permanent population
3. sovereign government capabilities. |
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Term
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Definition
| Common law doctrine. Meaning "the thing has been decided". Provides that final judgment is conclusive on the parties and prevents relitigation of the cause of action. |
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Definition
| A written document summarizing legal errors for which an appellant request review. |
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Definition
| sends back -- to trial court. |
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Definition
| Provides that issues actually decided in one lawsuit are conclusively determined for later lawsuits between the same parties involving different causes of action. (like res judicata) |
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Definition
| Prevents relitiation of cases previously decided in other states. |
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Term
| International Shoe Co v. Washington |
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Definition
(Personal Jurisdiction over defendant) Unpaid unemployment. If defendant not present in jurisdiction, required to have certain minimal contacts with its subsets.
basis of lawsuits --specific jurisdiction. |
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