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Flashcards in Law chapter 2 Deck (40):
1

Constructive Trust

When a defendant is required to keep property or money

2

What are 2 examples of legal remedy?

Payment for damages
Transfer of property

3

Subject-Matter Jurisdiction

The authority of a court to hear and decide a specific type of dispute

4

Legal Remedy

Money, property and things that have value

5

Attachment

A court designates specific property owned by the debtor to be transferred to the creditor

6

Equitable Remedies

Remedies that don't deal with money

7

Contract Claims

Disagreements over a contract

8

What are 4 examples of equitable remedies?

Contract rescission
Contract reformation
Constructive Trust
Injunction

9

Jurisdiction

The authority of a court to hear and decide a specific action

10

Contract Rescission

When a contract is cancelled

11

What is the difference between injunction and damages

Damages- money
Injunction- order to stop doing something

12

What are the three things to commencing the action?

Jurisdiction
Legal Theory
Remedies

13

Injunction

Order to stop doing something

14

Intentional Tort

A wrong doing someone did on purpose

15

What is an example of Rem jurisdiction?

Court jurisdiction over a defendants property

16

What are the 4 types of jurisdiction?

personam
Rem
Subject-matter
State or federal

17

Remedy

The relief that you want

18

Contract Reformation

When a contract is rewritten

19

State or Federal Jurisdiction

Only deals with federal cases that contain disputes that involve the U.S. constitution, acts of Congress or treaties

20

Personam Jurisdiction

Jurisdiction over any person or business involved in a legal activity

21

Lien

A right to keep possession of property belonging to another person until a debt owned by that person is charged

22

Damages

How much money you want based on the injury someone else did

23

What does subject-matter jurisdiction go off of?

Specific statute or constitution

24

Rem Jurisdiction

Jurisdiction over a thing

25

Legal Theory

The same as the cause of action

26

Commencing the action Definition

Starting the cause of action

27

Tort

A wrong doing

28

Slander

Damaging someone's reputation

29

Product Liability

When the product does not meet the standards it says it will

30

What are 6 examples of Tort?

Assault
Battery
Defamation / Slander
Infliction of emotional distress
Invasion of Privacy
Trespassing

31

Garnishment

Collecting a monetary judgment on behalf of a plaintiff from a defendant

32

What are the 4 typical legal theories?

Tort
Intentional Tort
Contract Claims
Product Liability

33

Service of Process

Family notifying the defendant of the lawsuit

34

What are the 4 ways of notifying a defendant of a lawsuit?

Go to their house
Leave it at their house
Give it to their agent
By mail

35

The Defendants side

The defendant must specifically admit or deny each allegation or complaint

36

Discovery

The process of obtaining information from the opposing party prior to trial

37

What are the 4 types of discovery tools?

Deposition
Interrogatories
Request for admission
Request for documents

38

Deposition

Sworn testimony of the parties that is recorded by a court reporter

39

Interrogatories

Written questions that must be answered under oath

40

Request for admissions

Questions to the opposing party that must be answered in an "admit" or deny format

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