61-84

Question 1

Opinion:

Answer 1

the reason given for a court’s judgment

Question 2

Performance:

Answer 2

in contract law, the situation that exists when the parties to a contract have done what they had agreed to do

Question 3

Plaintiff:

Answer 3

the one who initially brings the suit, the one seeking a remedy

Question 4

Precedent:

Answer 4

a previously decided case which is recognized as authority for the disposition of future cases

Question 5

Preponderance of evidence:

Answer 5

standard of proof in civil cases, evidence more convincing to the trier of fact than the opposing evidence

Question 6

Proximate cause:

Answer 6

The act which was necessary immediate cause for someone suffering an injury

Question 7

Punitive damages:

Answer 7

damages given for the purpose of punishing the defendant without regard to the plaintiff’s actual damages

Question 8

Recission:

Answer 8

the act of voiding, annulling or cancelling a contract

Question 9

Regulation:

Answer 9

rules made by administrative agencies

Question 10

Release:

Answer 10

a written document by which one party gives up a legal claim against another

Question 11

Remedy:

Answer 11

what a party in a lawsuit is asking for, most commonly it is for monetary damages

Question 12

Res ipsa louitur:

Answer 12

literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendant who must prove that their negligence was not the cause of the plaintiff’s injury

Question 13

Res judicata:

Answer 13

the thing has been decided, the matter has been adjudged

Question 14

Respondeat superior:

Answer 14

literally, let the master answer, the legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer’s business

Question 15

Reversal:

Answer 15

the order of an appellate court overturning a lower court decision

Question 16

Revocation:

Answer 16

cancellation of an instrument previously made

Question 17

Sanction:

Answer 17

a penalty or punishment that may be imposed by a court for violation accepted norms of social conduct

Question 18

Settlement:

Answer 18

the agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences

Question 19

Strict liability:

Answer 19

liability without fault, engaged in activity with inherent risk of injury

Question 20

Summary judgment:

Answer 20

when no essential facts in a case are disputed, no trial is held and the case is decided by the judge alone on the basics of law involved

Question 21

Tort:

Answer 21

a wrong, resulting from the breech of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, does not involve a contract

Question 22

Tortfeasor:

Answer 22

the person that commits a tort, a wrongdoer

Question 23

Vicarious liability:

Answer 23

the imputation of liability upon one person for the actions of another

Question 24

Voir dire:

Answer 24

to speak the truth, usually refers to the examination by the court or by the attorney’s of prospective jurors, to determine their qualifications of jury service