Chap 8 Flashcards
The records in family court:
most are sealed
Class action lawsuits
any civil case filed on behalf of a company
Ex: manufacturer (like cars)
Constitutional claims
affects everyone
class claims
not everyone mostly monetary that affects a large group of people
Personal injury
car accidents, premise liability claim
tort
due to negligence
breach of contracts
an agreement, when they don’t honor the contract
- fact and interpretation issue
- court order saying
Injuctive relief
also known as an “injunction,” is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior
Does a court order have the weight of the law?
yes, breaking a court order can lead to a fine or law
The American rule
everyone pays their own lawyer
The England rule
the loser pays the cost if they lose, only in certain cases
Estate and Probate
will contest: challenge the will (who gets the property?) is the will valid?
-forgeries
commercial litigation
commercial real estate lease, usually large business deals (selling of assets, mergers, acquisitions)
patents
this idea is yours for a # of years, trademarks, logo
trademark diluting
cannot let anyone infringe upon a large company’s logo
