Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

legal aspects > legal aspects exam 1 > Flashcards

legal aspects exam 1 Flashcards

1
Q

body of enforceable rules governing relationships among individuals and between individuals and their society

A

law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

in the US, our rules consist of written laws and court decisions created by ___

A

modern legislative and judicial bodies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

regardless of how such laws are created, they all have one thing in common which is:

A

they establish rights, duties, and privileges that are consistent with the value and beliefs of a society or its ruling group

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Laws and government regulations affect all business activies by:

A

hiring/firing decisions, basic understanding of the laws and regulations governing these activities is essential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The state of being legally responsible for something, such as debt or an obligation

A

liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The failure to perform a legal obligation

A

breaches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

if any dispute cannot be resolved amicably, then the laws and the rules concerning courts procedures spell out the steps of a

A

lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

areas of the law that may affect business decision making

A

contracts
courts and court procedures
sales
professional liability
negotiable instruments
business organizations
creditor’s rights
agency
intellectual prooperty
torts
e-commerce
product liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

A

primary sources of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Primary sources of law include

A

-the US constitution and the constitutions of various states
-statutes, or laws, passed by congress and by state legislatures
-regulations created by administrative agencies, such as the federal dood and drug administration
-case law (court decisions)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Publication that summarizes or interprets the law, such as legal encyclopedia, a legal treatise, or an article in a law review

A

secondary sources of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Body of law derived from the U.S constitution and the constitutions of the various states

A

constitutional law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

the U.S constitution is the ____ of the land

A

supreme law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

a law in violation of the U.S constitution, if challenged, will be declared_____ and will not be enforced, no matter what its source

A

unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

This amendment to the US constitution reserves to the states all powers not granted to the federal government. Each state in the union has its own constitution.

A

Tenth amendement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The body of law enacted by legislative bodies

A

statutory law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

when a legislature passes a statute, the statute ultimately is

A

included in the federal code of laws or the relevant state code of laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

when specific statute is mentioned in this text, we usually provide a footnote showing its

A

citation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

a reference to a publication in which a legal authority, such as a statue or a court decision, or other source can be found

A

citation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

statutory law also includes ____

A

local ordinances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

a regulation enacted by a city or county legislative body that becomes part of that state’s statutory law

A

ordinances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

ordinances commonly have to do with

A

-city or country land use
-building and safety codes
-other matters affecting only the local governing unit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

No federal statue may violate the _____ and no _____ or _____may violate the the US consitution or the relevant state constitution

A

-US constitution
-no state statute
-local ordinance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A federal statue applies to ___, a state statue applies to___

A

-all states
-within the state’s borders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

In 1800s the differences between state laws frequently created issues for businesspersons conducting trade and commerce among states. To figure out these issues a group of legal scholars and lawyers formed the national conference of comissioners on

A

Uniform state laws (NCCUSL) in 1892 to draft uniform laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

model law developed by the national conference of commissioners on uniform state laws for the states to consider enacting into statue

A

uniform laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

each state has the option of adopting or rejecting a ____

A

uniform law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Only if a state legislature adopts a uniform law does that law become part of the

A

statutory law of that state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

One of the most important uniform acts is the

A

Uniform commercial code (UCC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

This was created through the joint efforts of the NCCUSL and the American law institute

A

Uniform commercial code (UCC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

The UCC was first issued in _____ and has been adopted by all 50 states and District of Columbia, and the Virgin Island. The UCC facilitates

A

commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

This consists of the rules, orders, and decisions of administrative agencies

A

administrative law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

_____A federal, state, or local government agency established to perform a specific function

A

administrative agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

procedurally, a defendant’s response to the plaintiffs complaint

A

answer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Rules issued by various administrative agencies now affect almost every aspect of a business’s operations:

A

-firm’s capital structure and financing
-hiring and firing procedures
-relations with employees and unions
-the way it manufactures and markets it products

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Rules of law announced in court decisions. Interprets statutes, regulations, constitutional provisions, and other case law

A

case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

case law also governs all areas not covered by

A

Statutory law or administrative law, and is part of our common law tradition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature

A

common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

A

precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Common law doctrine under which judges are obligated to follow the precedents established in prior decisions

A

stare decisis (“ to stand on decided cases”)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

The stare decisis has two aspects

A
  1. decisions made by a higher court are binding on lower courts
  2. court should not overturn its own precedents unless there is a strong reason to do so
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

an area in which a court or courts have the power to apply the law

A

Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Any source of law that a court must follow when deciding a case

A

binding authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Binding authorities include:

A

-constitutions
-statutes
-regulations that govern the issue being decided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

The doctrine of stare decisis helps the courts to be more efficient because if other courts have carefully reasoned through a similar case, their legal reasoning and opions can serve as

A

guides

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

stare decisis also makes the law more

A

stable and predictable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Courts are obligated to follow precedents, when will they depart from the rule of precedent?

A

if a court decides that a precedent is simply incorrect or that technological or social changes have rendered the precendent inapplicable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Example of supreme courts departure from precedent was in

A

brown v. board of education, it recieved a tremendous aount of publicity. It concluded that separate educational facilities for whites and blacks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

A

persuasive authorities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Given to a party to enforce a right or to compensate for the violation of a right

A

remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

The one who initiates a lawsuit

A

plaintiffs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

One against whom a lawsuit is brought, or the accused person in a criminal proceeding

A

Defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

law that defines, describes, regulates, and creates legal rights and obligations

A

substantive law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Law that establishes the methods of enforcing the rights established by substantive law

A

procedural law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Other classification systems divide law into:

A
  1. federal law
  2. state law or private law (dealing with relationships between persons) and public law(addressing the relationships between persons and their governments)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

All laws governing electronic communications and transactions, particularly those conducted via internet

A

cyberlaw

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

A

Civil law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Typically in a civil case, a private party sues another private party to make sure that the other party complies with a

A

duty or pays for the damage caused by the failure to comply with a duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

System of law derived from roman law that is based on codified laws

A

civil law system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Branch of law that defines and punishes wrongful actions committed against the public

A

criminal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Law that pertains to a particular nation, varies country to country

A

national law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Law that governs relations among nations

A

international law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

They key difference between national law and international law is:

A

government authorities can enforce national law. if nation violates international law, enforcement is up to other countries or international organizations (which may or may not choose to act)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

Provision in article I, section 8, of the US constitution that gives congress the pwoer to regulate interstate commerce

A

commerce clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare

A

police powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

dormant commerce clause comes into play when state regulations affect

A

interstate commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Negative aspect of the commerce clause is referred to as

A

dormant commerce clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Requirement in article VI of the US constitution that provides that the constitution, laws, and treaties of the US are “the supreme law of the land”

A

supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

When there is a direct conflict between a federal law and a state law

A

the state law is rendered invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

A

Preemption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

First ten amendements, was adopted in 1791 and emodby a series of protections for the individuals against various types of interference by the federal government

A

bill of rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Freedom of religion, speech, and the press and the rights to assemble peaceably and to petition the government

A

first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

guarantees the right to keep and bear arms

A

second amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

the lodging of soldiers in any house without the owner’s consent

A

third amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

prohibits unreasonable searches and seizures of persons or property

A

fourth amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

guarantees the righs to indictment by grand jury, to due process of law, and to fair payment private property is taken for public use

A

5th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

the accused in a criminal case the right to a speedy and public trial by an impartial jury with a counsel

A

6th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

guarantees the right to a trial by jury in a civil case involving at least 20 dollars`

A

7th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

prohibits excessive bail and fines, as well as cruel and unusual punishment

A

8th punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

establishes that the people have rights in addition to those specified in the consitution

A

9th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

That those powers neither delegated to the federal government nor denied to the states are reserved for the states

A

10th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

nonverbal expressions of beliefs, symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts

A

symbolic speech

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

corporate political speech continues to be given significant protection under the

A

first amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

Generally, a restriction on commerical speech will be considered valid as long as it

A
  1. seeks to implement a substantial government interest
  2. directly advances that interest
  3. goes no further than necessary to accomplish its objective
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

Provision in the first amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

A

establishment clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

1st amendment does not protect

A

obsence speech

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

guarantees that a person can hold any religious belief that they want, or a person can have no religious belief

A

free exercise clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

Provisions in the fifth and fourteenth amendments that guarantee that no person shall be deprived of life, liberty or property without due process of law, State constitutions often include similar clauses.

A

due process clause

85
Q

due process clause of these constitutional amendments has two aspects:

A

procedural and substantitve

86
Q

requires that any government decision to take life, liberty, or property must be made fairly

A

procedural due process

87
Q

focuses on the content of legislation rather than the fairness of process

A

substantive due process

88
Q

the provision in the fourteenth amendment that requires state governments to treat similarly situated individuals in a similar manner

A

equal protection clause

89
Q

A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait

A

compelling government interest

90
Q

court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority’s opinion

A

concurring opinion

91
Q

court opinion that represents the views of the majority of the judges or justices deciding the case

A

Majority opinion

92
Q

court opinion that does not indicate which judge or justice authored the opinion

A

per curiam opinion

93
Q

court opinion that is joined by the largest number of the judges or justices hearing the case but less than half of the total number

A

plurality opinion

94
Q

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

A
95
Q

before any court can hear a case, it must have ——over the person against whom the suit is brought (the defendant) or over the property in the suit.

A

jurisdiction

96
Q

a state trial court normally has jurisdictional authority over residents in a

A

particular area of the state

97
Q

court can also exercise jursidiction over property that is located within its boundaries. this is known as

A

rem jurisdiction or “jurisdiction over the thing”

98
Q

A state statute that permits a state to exercise jurisdiction over nonresident defendants

A

long arm statute

99
Q

before court can use long arm statute, the defendant must have

A

enough contacts, or minimum contacts, with the state to justify jurisdiction

100
Q

a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s state

A

probate courts

101
Q

federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

A

bankruptcy courts

101
Q

Because the federal government is a government of____, the jurisdiction of the federal courts is _____. Federal courts have subject-matter jurisdiction in two situations.

A

limited powers, limited

102
Q

a basis of federal court jurisdiction over a lawsuit between citizens of different states and countries

A

diversity of citizenship

103
Q

Most common type of diversity jurisdiction has two requirements:

A
  1. plaintiff and defendant must be residents of different states
  2. the dollar amount in controversy must exceed 75,000
104
Q

jurisdiction that exists when two different courts have the power to hear a case

A

concurrent jursidiction

105
Q

jurisdiction that exists when a case can be heard only in a particular court or type of court

A

exclusive jurisdiction

106
Q

the geographic district in which a legal action is tried and from which the jury is selected

A

venue

107
Q

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

A

standing to sue

108
Q

controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case

A

justiciable controversy

109
Q

a special court in which parties can litigate small claims without an attorney

A

small claims courts

110
Q

in lawsuit, issue that involves only disputed facts, and not what the law is on a given point

A

question of fact

111
Q

in a lawsuit, an issue involving the application or interpretation of a law

A

question of law

112
Q

The federal court system is three-tiered model consisting of

A
  1. us disrict courts and various courts of limited jurisdiction
    2.us courts of appeals
  2. the US supreme court
113
Q

a writ from a higher court asking a lower court for the record of a case

A

writ of certiorari

114
Q

a rule of the US supreme court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ

A

rule of four

115
Q

The process of resolving a dispute through the court system

A

litigation

116
Q

the list of cases entered on a court’s calendar and thus scheduled to be heard by the court

A

Docket

117
Q

The resolution of disputes in ways other those involved in the traditional judicial process, such as negotiation,mediation, and arbitration

A

alternative dispute resolution (ADR)

118
Q

The simplest form of ADR is

A

negotiation

119
Q

Process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. The transfer of an intrument in such form that the transferee becomes a holder

A

negotiation

120
Q

Disputes are settled with outside courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement

A

Mediation

121
Q

States that require parties to undergo ADR before trial often offer ______ as one of the ADR options or (as in Florida) the only option.

A

mediation

122
Q

Settling of a dispute by submitting it to a disinterested third party who renders a decision

A

arbitration

123
Q

Clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

A

Arbitration clause

124
Q

major provider of ADR services is

A

American arbitration association (AAA)

125
Q

Resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet

A

Online dispute resolution (ODR)

126
Q

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet

A

Online dispute resolution (ODR)

127
Q

ODR may be best suited for resolving _____ business liability claims, which may not be worth the expense of litigation or traditional ADR

A

small-to-medium

128
Q

The monetary compensation given to a party at the end of a trial or other proceeding

A

award

129
Q

written summary of statement prepared by one side in a lawsuit to explain its case to the judge

A

brief

130
Q

the pleading made by a plaintiff alleging wrongdoing on the part of the defendant. when filed with a court, the complaint initiates a lawsuit

A

complaint

131
Q

a claim made by a defendant in a civil lawsuit against the plaintiff. in effect, the defendant is suing the plaintiff

A

counterclaim

132
Q

judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim

A

Default judgment

133
Q

Testimony of a party to a lawsuit or a witness taken under oath before a trial

A

deposition

134
Q

a method by which the opposing parties obtain information from each other to prepare for trial

A

discovery

135
Q

a type of evidence that consists of all computer-generated or electronically recorded information

A

e-evidence

136
Q

a question that pertains to the U.S constitution, an act of congress, or a treaty and provides a basis for federal jurisdiction in a case

A

federal question

137
Q

a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath

A

interrogatories

138
Q

the process by which a court decides on the constituionality of legislative enactments and actions of the executive branch

A

judicial review

139
Q

Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted it on their hard drives

A

metadata

140
Q

a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim

A

motion for a directed verdict

141
Q

a motion asserting that the trial was so fundamentally flawed that a new trial is necessary to preent a miscarriage of justice

A

motion for a new trial

142
Q

motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict against him/her was unreasonable and erroneous

A

motion for judgment N.O.V

143
Q

a motion by either party to a lawsuit at the close of pleadings requesting the court to decide the issue soley on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute

A

motion for judgment on the pleadings

144
Q

a motion requesting the court to enter judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

A

motion for summary judgment

145
Q

pleading where defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law

A

motion to dismiss

146
Q

statements by the plaintiffs and the defendant that details the facts, charges, and defenses of a case

A

pleadings

147
Q

a plaintiff’s response to a defendant’s answer

A

reply

148
Q

a doc. informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint

A

summons

149
Q

important part of jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes and biases to ascertain whether they can be impartial jurors

A

voir dire

150
Q

wrongful actions

A

torts

151
Q

business tortrs inclue vague concepts such as unfair

A

competition and wrongfully interfering with the business relations of antoher

152
Q

two notions serve as the basis of all torts

A

wrongs and compensation

153
Q

tort law is designed to compensate those who have suffered a

A

loss or injury due to another person’s wrongful act

154
Q

a monetary award sought as a remedy for a breach of contract or a tortious action

A

damages

155
Q

purpose of a tort law is to provide remedies for the invasion of various

A

protected interests, it provides remedies for acts that cause physical injury or interfere with physical security and freedom

156
Q

torts also has society recognize that its important protect

A

family relations, reputation, and dignity

157
Q

Intended to compensate or reimburse plaintiffs for actual losses

A

compensatory damages

158
Q

compensatory damages awards are often broken down into:

A

special and general damages

159
Q

special damages compensate the plaintiff for quantifiable monetary losses such as

A

medical expenses, lost wages, and benefits

160
Q

general damages compensate individuals for the nonmonetary aspects of the harm suffered such as :

A

pain and suffering

161
Q

Monetary damages that may be award to a plaintiff to punish the defendant and deter similar conduct in the future

A

Punitive damages

162
Q

looking for a state court known to be sympathetic to their client’s cause and predisposed to award large damages

A

forum shopping

163
Q

there are two broad classifications of torts

A

intentional torts and unintentional torts

164
Q

a reasons why the plaintiff should not obtain damages

A

defenses

165
Q

a wrongful act knowingly committed

A

intentional tort

166
Q

one who commits a tort

A

tortfeasor

167
Q

Person intends to harm one individual, but instead unintentionally harms a second person, can be held liable to the second victim for an intentional tort

A

transferred intent

168
Q

intentional torts include:

A

assault, battery, false imprisonment, infliction of emotional distress, defamation, invasion of the right to privacy, appropriation, misrepresentation, abusive, or frivolous litigation

169
Q

Any intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create fear onto the other person

A

Assault

170
Q

unexcused and harmful in harm to the plaintiff

A

battery

171
Q

intentional confinement or restraint of another person’s activities without justification

A

false imprisonment

172
Q

capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action

A

actionable

173
Q

wrongfully hurting a person’s good reputation

A

defamation

174
Q

defamation in writing or another form having the quality of permanence(digital recording)

A

libel

175
Q

defamation in oral form

A

slander

176
Q

special right, advantage, or immunity granted to a person or a class of persons, to avoid liability for defamation over statements made in the courtroom during a trial

A

privilege

177
Q

provides complete protection from disclosure in certain situations, regardless of the intent or circumstances.

A

absolute privilege

178
Q

offers a more limited protection compared to absolute privilege. It depends on the circumstances surrounding the communication.

A

qualified privilege

179
Q

The deliberate intent to cause harm that exists when a person makes a statement when either knowledge of its falsity or reckless disregard of the truth. is required to establish defamation against public figures

A

actual malice

180
Q

person right to solitude and freedom from prying public eyes

A

privacy

181
Q

invading someone’s home or illegally searching someone’s briefcase is

A

invasion of privacy

182
Q

when a person publicly discloses private facts about an individual that an ordinary person would find objectionable or embarrassing.

A

public disclosure of private facts

183
Q

using a person’s name, picture, or other likeness for commercial purposes without permission

A

tortious invasion of privacy

184
Q

in tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user

A

appropriation

185
Q

any misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

A

fraudulent misrepresenation

186
Q

A salesperson’s often exaggerated claims concerning the quality of property offered for sale.

A

puffery

187
Q

can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed

A

abuse of process

188
Q

wrongful interference with another’s business rights and relationships

A

business torts

189
Q

wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another

A

conversion

190
Q

Economically injurious falsehood about another’s product or property

A

disparagement of property

191
Q

The publication of false information about another’s product, alleging that it is not what its seller claims

A

slander of quality

192
Q

publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner

A

slander of title

193
Q

Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

A

negligence

194
Q

the defendant owed a duty to care to the plaintiff

A

duty

195
Q

the defendant breached that duty

A

breach

196
Q

the defendant’s breach caused the plaintiffs ijury

A

causation

197
Q

the plaintiff suffered a legally recognizable injury

A

damages

198
Q

the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others

A

duty of care

199
Q

The standard of behavior expected of a hypothetical “reasonable person”

A

reasonable person standard

200
Q

person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

A

business invitees

201
Q

professional negligence, or failure to exercise reasonable care and professional judgment, that results in injury, loss, or damage to those relying on the professional

A

malpractice

202
Q

An act or omission without which an event would not have occured

A

causation in fact

203
Q

legal cause. it exists when the connection between an act and an injury is strong enough to justify imposing liability

A

proximate cause

204
Q

the three basic affirmative defenses in negligence cases:

A

1.assumption of risk
2.superseding cause
3. contributory and comparative negligence

205
Q

a defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

A

assumption of risk

206
Q

only used in a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiffs own fault

A

contributory negligence

207
Q

used in a MAJORITY of states, that reduces the plaintiff’s recovery in proportion to the plaintiffs degree of fault, rather than barring recovery completely

A

comparative negligence

208
Q

doctrine under which negligence may be inferred simply because an event occured, if its the type of event that wouldnt occur in the absence of negligence

A

res ipsa loquitur (facts speak for themselves)

209
Q

An action or failure to act in violation of a statutory requirement

A

negligence per se

210
Q

state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm

A

good samaritan statutes

211
Q

imposes liability on the owners o bars and taverns as well as those who serve alcoholic drinks to the public, for ijuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

A

dram shop acts

211
Q

imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods

A

strict liability

212
Q

entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization

A

trespass to land

213
Q

wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property

A

trespass to personal property

legal aspects (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions