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Definition
| granted by a judge if there is no dispute about the facts that exist and one party is clearly entitled to judgment as a matter of law |
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| essentially means accident |
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| factors to whether the law should impose a duty |
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Definition
| risk, foreseeability and likelihood of injury weighed against the social utility of teh actor's conduct, the magnitude of the burden of guarding against the injury and the consequences of placing the burden on the employer |
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| the court's decision that answers questions about the decision and its ramifications |
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| actions are ethical if they overall increase good, those using it say the purpose of morality is to promote human welfare by maximizing benefits and minimizing harms |
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Definition
| actions are ethical if it maximizes respect for human rights and minimizes their violation |
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| fiduciary rule/obligation |
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Definition
| highest legal duty and standard for ethical business conduct, when someone possesses property belonging to another or occupies a position of power and confidence regarding the property of another |
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Definition
| someone has a personal interest or a duty that conflicts with a professional interest or duty |
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| people and companies must be careful not to injure others |
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| active misconduct working positive injury |
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| failure to act to prevent mischief not brought on by the defendant |
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| honesty in fact in the conduct or transaction concerned |
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| study of legal philosophy |
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| a body of principles of right and justice existing for all peoples irrespective of time and culture, transcends human notions of what is right and just |
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| law laid down by the duly constituted authority |
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| refers to the process by which a statute is enacted or to the statue itself |
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| areas of law that have been developed principally by the courts |
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| Latin for "let the decision stand," is a policy that courts have developed as a general rule, past judicial decisions are applied to decide present controversies |
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Definition
| dicta is plural form, Latin for "a remark by the way," do not set precedence but may be used in future as a persuasive piece to a judgment |
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Definition
| using stare decisis to link two cases together, the second case falls under "case law" then and would follow the ruling of the other |
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Definition
| no statute or prior judicial decision exists to guide a court's determination |
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| when the language is clear, a court does not go beyond the plain meaning of its words to determine what a statute means |
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Definition
| granted by the US Supreme Court which means they will review the case |
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Definition
| the power of a court to hear and decide a case |
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Term
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Definition
| means of gaining service over an out-of-state defendant |
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Definition
| the location of a trial would result in an inconvenience and a hardship, the defendant may transfer the case to another geographic location where venue is proper |
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| federal question jurisdiction cases |
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Definition
| any claim arising under a federal statute, a treaty, or the US Constitution |
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| diversity jurisdiction cases |
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Definition
| cases of citizens between different states where the amount in contest exceeds $75,000 |
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Term
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Definition
| pleading stage, discovery stage, trial stage, appellate stage |
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Definition
| a suit brought on behalf of a class of people who have been similarly injured |
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Definition
| plaintiff against defendant, states the factual basis for the claim |
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Definition
| defendant against plaintiff, admits or denies the allegations of the complaint; may also raise affirmative defenses |
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Definition
| defendant against plaintiff, states basis for claim by defendant against plaintiff |
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Definition
| plaintiff against defendant, answers counterclaim |
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Definition
| defendant against another defendant, states basis for claim |
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Definition
| defendant against a nonparty, defendant adds another party to the lawsuit |
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Definition
| nonparty against a party, another party seeks to join the lawsuit |
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Definition
| plaintiff or defendant against two parties, forces the court to determine the rightful holder of monies |
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Definition
| an order compelling the defendant to do something or to refrain from doing something |
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| written questions during the discovery stage |
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Definition
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Term
| monetary damages are also known as |
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Definition
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| motion for directed verdict |
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Definition
| prior to a case being sent to the jury, because "reasonable minds cannot differ" the judge may find one way or the other |
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Term
| motion for judgment notwithstanding the verdict |
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Definition
| after the jury comes back with a verdict, the losing party motions for this because the case should have not gone to the jury for "reasonable minds could not differ on the facts, and as applied to the law" the losing party should have won |
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Definition
| "the matter has been decided," losing party cannot file a new suit against the same people about the same issues |
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Definition
| division of governmental responsibility between the federal government and the states |
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Definition
| process of applying provisions of the US Constitution to the states through the 14th Amendment |
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Definition
| Commerce Clause grants Congress the power to regulate any activity that has any appreciable effect on interstate commerce |
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Definition
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| commerce within one state |
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Definition
| follows the supremacy clause that a federal law is greater than a state law |
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Definition
| the power of a government to take, or to authorize the taking of, private property for public use under the Takings Clause of the 5th Amendment, just compensation must be given |
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Term
| rational basis test of equal protection |
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Definition
| social and economic legislation is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest |
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Term
| strict scrutiny test of equal protection |
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Definition
| when a statute classifies by race, alienage, or national origin it is upheld only if they serve a compelling state interest by the least drastic means |
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Term
| heightened judicial review of equal protection |
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Definition
| a gender-based legislative classification fails unless it is substantially related to an important governmental interest |
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Term
| collective entity doctrine |
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Definition
| the 5th Amendment right against self-incrimination does not apply to corporations or other collective entities |
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Term
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Definition
| when the government takes property from an individual but fails to provide the compensation as required by the 5th Amendment |
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Definition
| creates an administrative agency and specifies name, composition and powers |
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Term
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Definition
| regulations issued by agencies that have the force and effect of law |
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Definition
| administrative proceedings to determine whether a particular individual or corporation has violated a statute or regulation |
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Term
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Definition
| statements that express an agency's understanding of the statutes it administers |
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Definition
| publish in Federal Register, comment period (can be limited to written comments), publication of final rule in Federal Register |
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Term
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Definition
| publish in Federal Register, comment period (must conduct formal hearings), publication of final rule in Federal Register |
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Term
| reasons a court may overturn an agency's action |
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Definition
| failed to comply with procedures detailed in enabling legislation or the APA, action exceeds the scope of authority provided by its enabling legislation, agency's decision is premised on an erroneous interpretation of the law, agency's action conflicts with the Constitution, agency erred in the substance of its action |
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Term
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Definition
| court decides issue anew, rarely used |
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Term
| substantial evidence standard of judicial review |
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Definition
| court reviews the agency record and sets the agency decision aside only if substantial evidence supporting the agency decision does not exist, formal rulemaking and adjudication |
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Term
| arbitrary and capricious standard of judicial review |
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Definition
| court sets aside agency decision only if the agency failed to consider all relevant facts or did not provide a rational explanation for its decision, informal rulemaking |
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Definition
| governments cannot be sued, from the age of divine rights of kings |
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Term
| UCC applies to purchase of... |
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Definition
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Term
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Definition
| made by the offeror and gives the offeree the power to bind the offeror by accepting the offer |
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Definition
| circulars, price quotes, catalogs, advertisements, offeree is not identified |
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Definition
| after a reasonable period of time or death of the offeror |
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Definition
| the offeror advises the offeree that the offer is revoked |
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Term
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Definition
| an offer in writing and must be limited to a reasonable period of time, usually 90 days or less |
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Term
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Definition
| words or actions by which an offeree signifies intention to be bound by the offer, must occur before the offer is terminated |
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Term
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Definition
| the requirement that a promise be a part of a bargained-for exchange in order for it to be enforceable |
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Term
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Definition
| past services not given in exchange for the promise of something in the future so it is not enforceable |
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Term
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Definition
| requires written contracts for: marriage, sale of goods prices $500 or more, transfers of real property other than a lease of less than one year's duration, promises that cannot be completed within one year, to answer the debt of another |
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Term
| promissory estoppel or reliance theory |
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Definition
| must be a promise from the promisor to a promisee, must be reliance by the promisee upon the promise, reliance must be to the promisee's substantial economic detriment |
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Term
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Definition
| a moral obligation to keep a promise is not sufficient to make the promise legally enforceable, if a promise is unenforceable by operation of law and a subsequent promise to keep the original promise is made then it is now enforceable without new consideration |
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Term
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Definition
| where a party confers a benefit on another party with a reasonable expectation of payment, and the recipient of the benefit would be unjustly enriched if not required to pay for it, the court implies a contract |
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Term
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Definition
| can disaffirm contracts at any time prior to reaching the age of majority, on reaching age of majority they can disaffirm or ratify the contract, ratification can be implied by conduct or failure to disaffirm within a reasonable time after reaching the age of majority, if disaffirmed they need to return any remaining consideration, do not need to make restitution, are responsible for contracts for necessities (food, clothes, shelter, med care) |
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| one party did not have a meaningful choice and the terms were so one-sided as to be oppressive |
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Definition
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Definition
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Definition
| if a contract is in writing and the parties intend the written contract to be final and complete evidence of the agreement, nothing written or discussed before may be used to verify or contradict the writing |
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Definition
| conditions established by the parties themselves |
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Definition
| implied as a matter of law from the order of performance contemplated by the parties |
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Definition
| calculated to place the victim of the breach in the position they would have been in had the contract been performed |
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Definition
| place the victim of the breach in the position they would have been in had the contract never been made |
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Term
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Definition
| place the breaching party in the position they would have been in had the contract never been made |
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Term
| specific performance damages |
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Definition
| available if monetary damages would not provide an adequate remedy, subject to the court's discretion |
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