Understanding Legal Terms: Precedent, Common Law, Statute, Equity, and More, Quizzes of Business and Labour Law

Download Understanding Legal Terms: Precedent, Common Law, Statute, Equity, and More and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Precedent DEFINITION 1 The obligation to decide current cases on previous rulings. The doctrine of precedent, which developed gradually over centuries, requires that judges decide current cases on previous rulings. TERM 2 Common law DEFINITION 2 Judge made law, The accumulation of precedent makes up common law TERM 3 Statute DEFINITION 3 A law passed by a legislative body. TERM 4 Equity DEFINITION 4 A courts power to fashion a remedy, such as an injunction, which the common law does not provide. creative use of a courts power to accomplish what good conscience required. TERM 5 Substantive rules of law DEFINITION 5 State the rights of the party TERM 6 Procedural rules of law DEFINITION 6 Tell how a court should go about settling disputes Lawyers attack procedural aspects of an opponents case before dealing with the substantive aspects. TERM 7 Stare decisis DEFINITION 7 let the decision stand: the principle that precedent is binding on later cases. makes the law predictable TERM 8 Injunction DEFINITION 8 A court order for someone to stop doing something - an equitable remedy TERM 9 Administrative Law DEFINITION 9 Refers to agencies that are created by Congress or by state legislature. Ex: Federal Communications Commission (FCC), Federal Trade Commission (FTC), and IRS. these agencies are created to do day-to-day work TERM 10 Public Law DEFINITION 10 Refers to the rights and obligations of governments as they deal with the nations citizens. Ex. FCC prohibiting deceptive advertising TERM 21 Discovery DEFINITION 21 The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponents case. TERM 22 Interrogatories DEFINITION 22 Written questions that the opposing party must answer under oath in writing TERM 23 Depositions DEFINITION 23 One partys lawyer questions the other party, or witness under oath TERM 24 Production of Documents and Things DEFINITION 24 Each side may ask the other side to produce relevant documents for inspection and copying TERM 25 Physical and Mental Examination DEFINITION 25 A party may ask the court to order an examination of the other party if his condition is relevant TERM 26 Motion for Protective Order DEFINITION 26 request that court limit discovery TERM 27 E-Discovery DEFINITION 27 info such as emails for discovery TERM 28 Summary Judgment DEFINITION 28 A ruling by the court that no trial is necessary because some essential facts are not in dispute. TERM 29 Adversary System DEFINITION 29 assumes the best way to bring out truth is for the two sides to present their cases to a neutral fact finder TERM 30 Voir Dire DEFINITION 30 The process of selecting a jury TERM 31 Burden of Proof DEFINITION 31 the plaintiff must convince the jury that its version of the case is correct; the defendant is not obligated to disprove the allegations TERM 32 Preponderance of the evidence DEFINITION 32 The plaintiff's burden of proof: convincing the jury that its version of the facts is at least slightly more likely than the defendant's version. the 51-49 persuasion. TERM 33 Direct Examination DEFINITION 33 When a lawyer asks questions of his own witness. TERM 34 Cross-Examine DEFINITION 34 To ask questions of an opposing witness TERM 35 Directed Verdict DEFINITION 35 A ruling that the plaintiff has entirely failed to prove some aspect of her case TERM 46 Assault DEFINITION 46 Occurs when a defendant does some act that makes a plaintiff fear an imminent battery. TERM 47 Trespass DEFINITION 47 Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave. TERM 48 Conversion DEFINITION 48 Taking or using someone's personal property without consent. Civil version of theft TERM 49 Fraud DEFINITION 49 Injuring another person by deliberate deception TERM 50 Compensatory damages DEFINITION 50 Money intended to restore a plaintiff to the position he was in before the injury. TERM 51 Single recovery principle DEFINITION 51 Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses. TERM 52 Punitive Damages DEFINITION 52 Intended to punish the defendant for conduct that is extreme and outrageous TERM 53 Tortious interference with a contract DEFINITION 53 The defendant improperly induced a third party to breach a contract with the plaintiff. TERM 54 Tortious interference with a Prospective Advantage DEFINITION 54 Malicious interference with a developing economic relationship TERM 55 Intrusion DEFINITION 55 A tort if a reasonable person would find the invasion of her private life offensive TERM 56 Commercial Exploitation DEFINITION 56 This right prohibits the use of someone's likeness or voice for commercial purposes. TERM 57 Lanham Act DEFINITION 57 Statute that provides broad protection against false statements intended to hurt another business. TERM 58 5 Elements to a Negligence Case DEFINITION 58 1. Duty of Due Care2. Breach of Duty3. Factual Cause: the defendant's conduct caused the injury4. Foreseeable Harm: might cause this type of harm5. Injury: the plaintiff has actually been hurt TERM 59 Affirmative Duty to Act DEFINITION 59 Common law does not require a bystander to come to the assistance of a person in danger, assuming that the bystander did not create the danger. TERM 60 Landowner's Duty DEFINITION 60 Lowest Liability: Trespasser- landowner is only liable to a trespasser for intentional injury or gross misconduct. Occasional Liability: Children- some thing to attract a child on propertyHigher Liability: Licensee such as a guest is entitled to a warningHighest Liability: Invitee- public place or business