Legal Terms and Concepts: A Comprehensive Glossary, Quizzes of Business and Labour Law

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TERM 1 statutes DEFINITION 1 Laws passed by federal and state governments TERM 2 common law DEFINITION 2 established by precedents or earlier court cases TERM 3 Criminal Law DEFINITION 3 behavior so threatening that society outlaws it all together TERM 4 Civil Law DEFINITION 4 regulates rights and duties between parties TERM 5 substantive law DEFINITION 5 defines rights of parties. creates and defines legal rights TERM 6 procedural law DEFINITION 6 establishes processes for settling disputes. defines rules used to enforce substantive law TERM 7 Public Law DEFINITION 7 rights and obligations of governments dealing with the nations citizens TERM 8 Private Law DEFINITION 8 regulates duties between individuals TERM 9 jurisprudence DEFINITION 9 the philosophy of law TERM 10 sovereign DEFINITION 10 the recognized political power whom citizens obey TERM 21 common law of right to rescue DEFINITION 21 you have no duty to rescue the person in peril unless you created the peril. Exception - stare decisis TERM 22 matter of first impression DEFINITION 22 exception to stare decisis. the court has nothing to go on TERM 23 jurisdiction DEFINITION 23 the power of the court to hear a particular case court must have subject matter - power to hear type of claim being asserted personal - power over person or property TERM 24 litigator DEFINITION 24 a lawyer that handles court cases TERM 25 litigation DEFINITION 25 filing claims in court and going to trial TERM 26 alternative dispute resolution DEFINITION 26 any other formal or informal process used to settle disputes without resorting to a trial TERM 27 trial courts DEFINITION 27 determine facts of a dispute and apply facts to law TERM 28 error of law DEFINITION 28 because of this the appeals court may require a new trial TERM 29 briefs DEFINITION 29 written arguments on the case TERM 30 federal question DEFINITION 30 a case in which the claim is based on the US constitution, a federal statute, or a federal treaty TERM 31 diversity jurisdiction DEFINITION 31 plaintiff and defendant are from different states and the amount of dispute exceeds $75,000 TERM 32 writ of certiorari DEFINITION 32 a petition asking the supreme court to hear a case TERM 33 pleadings DEFINITION 33 the documents that begin a lawsuit. consist of complaint, answer, and sometimes a reply TERM 34 complaint DEFINITION 34 short, plain statement of facts alleged and legal claims made TERM 35 default judgement DEFINITION 35 a decision that the plaintiff wins without a trial because the defendant failed to answer in time TERM 46 voir dire DEFINITION 46 selecting a jury TERM 47 challenges for cause DEFINITION 47 juror has demonstrated a probable bias TERM 48 peremptory challenges DEFINITION 48 the right to excuse a juror for any reason you get 3 TERM 49 preponderance of the evidence DEFINITION 49 the plaintiffs burden in a civil lawsuit TERM 50 beyond a reasonable doubt DEFINITION 50 the governments burden in a criminal lawsuit TERM 51 direct examination DEFINITION 51 a lawyer asks questions of her own witness TERM 52 cross-examination DEFINITION 52 to ask questions of opposing witnesses TERM 53 law of evidence DEFINITION 53 what questions can be asked TERM 54 directed verdict DEFINITION 54 the plaintiff has failed to prove some aspect of her case TERM 55 judgement non obstante veredicto DEFINITION 55 a judgement notwithstanding the jurys verdict TERM 56 affirm DEFINITION 56 allow decision to stand TERM 57 reverse and remand DEFINITION 57 nullify lower courts decision and return case for reconsideration or retrial TERM 58 reverse DEFINITION 58 turn the loser into the winner TERM 59 harmless error DEFINITION 59 mistake made by the trial judge that was too minor to affect the outcome TERM 60 tort DEFINITION 60 a violation of duty imposed by the civil law TERM 71 battery transferred intent DEFINITION 71 intentional touching of another in a way that is unwanted or offensive meaning to hit one person but hit another - the other person now has cause for battery TERM 72 assault DEFINITION 72 defendant does some act that plaintiff fears an imminent battery basically battery with no contact TERM 73 trespass DEFINITION 73 intentionally entering land that belongs to someone else or remaining on the land after being asked to leave or fails to remove something from the land which they are under a duty to TERM 74 conversion DEFINITION 74 taking or using someones personal property without consent TERM 75 fraud DEFINITION 75 injuring another person by deliberate deception TERM 76 compensatory damages DEFINITION 76 money intended to restore a plaintiff to the position he was in before the injury TERM 77 single recovery principle DEFINITION 77 requires a court to settle matter once and for all by awarding a lump sum for past and future expenses TERM 78 punitive damages DEFINITION 78 punish defendant for conduct that is extreme and outrageous TERM 79 tortious interference with a contract DEFINITION 79 the defendant improperly induced a third party to breach a contract with the plaintiff TERM 80 justification DEFINITION 80 a claim that special circumstances made the conduct fair TERM 81 tortious interference with a prospective advantage DEFINITION 81 malicious interference with a developing economic relationship TERM 82 intrusion DEFINITION 82 if a reasonable person would find the invasion of her private life offensive TERM 83 commercial exploitation DEFINITION 83 prohibits the use of someones likeness or voice for commercial purposes TERM 84 Lanham Act DEFINITION 84 protection against false statements intended to hurt another business defendant made a false statement about plaintiffs business made in advertising and promtion and will likely hurt businessplaintiff has been injured as a result TERM 85 negotiation DEFINITION 85 occurs at any point, any time, very informal TERM 96 appropriation of ones identity DEFINITION 96 the use of ones name, likeness, or other identifying characteristic without permission and for commercial purpose TERM 97 false light DEFINITION 97 public information that places that person in a false light TERM 98 public disclosure of private facts DEFINITION 98 person publicly discloses private facts about an individual that an ordinary person would find objectionable TERM 99 dram acts DEFINITION 99 making liquor stores, bars, and restaurants liable for serving drinks to intoxicated customers who later cause harm TERM 100 trespasser DEFINITION 100 a landowner is only liable to a trespasser for intentional injury or gross misconduct TERM 101 licensee DEFINITION 101 a guest entitled to a warning of hidden dangers TERM 102 invitee DEFINITION 102 someone on the property as of right because its public is entitled to reasonable care from landowner TERM 103 res ipsa loquitur DEFINITION 103 the facts imply that the defendants negligence caused the accident TERM 104 contributory negligence comparative negligence DEFINITION 104 if the plaintiff is even slightly negligent she recovers nothing a plaintiff may recover even if she is partially responsible TERM 105 assumption of risk DEFINITION 105 a person who voluntarily enters a situation that has an obvious danger cannot complain he or she is injured TERM 106 strict liability DEFINITION 106 a much higher level of liability resulting from ultrahazardous acts or defective products. TERM 107 social host liability DEFINITION 107 your responsible for people that get drunk at your party and then run into someone else while driving TERM 108 negligent hiring retention of dangerous workers DEFINITION 108 a company could be liable for the actions of an employee if it knew or should have known the employees potential harm threats by an employee to a coworker that the company did not address. may make company liable TERM 109 modified comparative negligence DEFINITION 109 you put a cap on it. can only be 34% responsible TERM 110 warranty DEFINITION 110 a contractual assurance that goods will meet certain standards