Law chapter 2 Flashcards

(40 cards)

1
Q

Constructive Trust

A

When a defendant is required to keep property or money

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2
Q

What are 2 examples of legal remedy?

A

Payment for damages

Transfer of property

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3
Q

Subject-Matter Jurisdiction

A

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

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4
Q

Legal Remedy

A

Money, property and things that have value

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5
Q

Attachment

A

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

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6
Q

Equitable Remedies

A

Remedies that don’t deal with money

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7
Q

Contract Claims

A

Disagreements over a contract

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8
Q

What are 4 examples of equitable remedies?

A

Contract rescission
Contract reformation
Constructive Trust
Injunction

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9
Q

Jurisdiction

A

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

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10
Q

Contract Rescission

A

When a contract is cancelled

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11
Q

What is the difference between injunction and damages

A

Damages- money

Injunction- order to stop doing something

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12
Q

What are the three things to commencing the action?

A

Jurisdiction
Legal Theory
Remedies

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13
Q

Injunction

A

Order to stop doing something

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14
Q

Intentional Tort

A

A wrong doing someone did on purpose

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15
Q

What is an example of Rem jurisdiction?

A

Court jurisdiction over a defendants property

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16
Q

What are the 4 types of jurisdiction?

A

personam
Rem
Subject-matter
State or federal

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17
Q

Remedy

A

The relief that you want

18
Q

Contract Reformation

A

When a contract is rewritten

19
Q

State or Federal Jurisdiction

A

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

20
Q

Personam Jurisdiction

A

Jurisdiction over any person or business involved in a legal activity

21
Q

Lien

A

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

22
Q

Damages

A

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

23
Q

What does subject-matter jurisdiction go off of?

A

Specific statute or constitution

24
Q

Rem Jurisdiction

A

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