Midterm Flashcards
(29 cards)
Good Samaritan Laws
These laws protect individuals from liability when they voluntarily help others who are injured or are in danger
Standing to Sue
The legal right of an individual or entity to bring a lawsuit in court. A person must have a direct stake or interest in the case’s outcome to have standing
Merchant Protection Statute
A law that allows merchants to detain people suspected of shoplifting
JNOV
Filed after a jury trial , requesting the court to override the jury’s verdict and enter a different judgement due to a lack of evidence
Dram Shop Act
A law that holds bars accountable if they serve alcohol to visibly intoxicated customers or minors who later cause harm like accidents
Fireman’s Rule
Legal doctrine that prevents firefighters from suing for injuries they sustain while responding to an emergency, these risks are part of the job
Stare Decisis
let the decision stand
Petition for Centiorari
A request to the US Supreme Court to review the decision of the lower court
In Personam Jurisdiction
Jurisdiction over a person, meaning a court’s authority to make decisions affecting the rights and obligations of the specific person
Long Arm Statute
allows a court exercise jurisdiction over an out-of-state defendant who has contact with the specific state
Motion for Summary Judgement
A request to the court to rule in favor of one party without a trial because there are no material facts to prove their case
Define Pleadings
formal written statements filed with the court by the parties in a lawsuit, stating their claims or defenses
Define Default Judgment
When one party fails to respond or appear in court, and the court grants judgment in favor of the other party
Define Battery and Give an Example
The unlawful intentional touching or striking of another person without consent.
Ex. A person punches another person in the face without provocation
Define proximate cause and give an example
the primary cause that directly leads to an injury in a chain of events. It establishes the defendant’s responsibility for the injury
Ex. A driver runs a red light and hits another car, causing an accident. The drivers actions are the proximate cause of the collision
Define Strict Liability and Give an Example
Holds a person responsible for damages regardless of fault or negligence
Ex. If you own a pit bull, you the owner are liable for the animal’s behavior whether they know it is vicious or not
Danger Invites Rescue
When a person creates a dangerous situation, they may be liable first any injuries sustained by someone attempting to rescue the victim
Ex. If a driver causes an accident by running a red light, and a pedestrian tries to help the injured driver but is hit by another car, the original driver may be liable for the pedestrian’s injuries.
Define Comparative Negligence and Give an Example
Legal doctrine that reduces the amount of damages a plaintiff can recover based on their own degree of fault in the incident
Ex. If a person is 30% at fault for an accident and the other driver is 70% liable, the plaintiff can recover 70% of the damages
Difference Between Dispositions and Interrogatories
Disposition: a formal in-person process where a witness gives sworn testimony before trial and recorded as evidence
Interrogatories: About 100 written questions that one party sends to the other, which must be answered under oath within a time frame
Guest Statue
Limits the ability of a passenger in a vehicle to sue the driver for injuries sustained in an accident when the passenger is a “guest” rather than a paying passenger.
Four Elements of Negligence
Duty, Breach of Duty, Proximate Cause, Injury
What is Res Ipsa Loquitur
“the thing speaks for itself”
Three elements of Res Ipsa Loquitur
- plaintiff did not do anything wrong
- The defendant had full control
- Except for negligence, this doesn’t occur
In what cases is Res Ipsa Used?
Medical Malpractice Cases
