Exam 1 Vocab Flashcards
appeal
asking a higher court to review the decision or sentence because lower court made an error
brief
written document prepared by lawyer/party on each side of a dispute and filed with the court in support of their arguments
contract
a legally enforceable agreement between two or more persons or parties
criminal court
trials where the state believes a person committed a crime
civil court
deals with disputes between individuals where compensation is awarded
common law
Laws that develop through case decisions by judges, not enacted by legislative bodies
injunction
a court order to stop doing or to start doing a specific act
lien
a charge, hold, or claim upon property of another as security for a debt
liable
having legal responsibility for something or someone
negligence
failure to take proper care in doing somethin
plaintiff
the person who sues or starts a civil case
statute of limitations
a certain time allowed by law for starting a case
right
moral or legal entitlement to have or obtain something or to act in a certain way
real property
land and all things growing or built on the land
personal property
things people own, not including land
walfare
state of content or prosperous existence
guardian
person who looks after and is legally responsible for someone who is unable to manage their own affairs
ward
a person, who by reason of incapacity, is under the control of a guardian
owner of property
has the legal right to “enjoy” the property and do with it as they please, even to spoil or destroy it as far as the law permits
felony
a serious crime that can be punished by more than one year in prison
misdemeanor
lesser crime punishable by a fine and/or county jail time for up to one year
standard of proof
amount of evidence necessary to prove an assertion or claim in a trial
preponderance of evidence
to prove that something is more likely than not
beyond a reasonable doubt
standard in criminal case; prosecution must convince that there is no other reasonable explanation that can come from the evidence presented at trial
alternate dispute resolution
methods to resolve a dispute instead of litigation
summons
informs the defendant that they are being sued
subpoena
an order to compel an individual to give testimony on a particular subject, often before a court
arbitration
private process where disputing parties agree that one or several individuals can make a decision about the dispute
mediation
process wherein the parties meet with a mutually selected, impartial and neutral person who assists them in the negotiation of their differences
due process
all legal procedures set by statute and court practice including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result
Reasonable Person Standard
what the defendant knew or SHOULD HAVE known that their action or failure to act would or could cause harm
- changes based on personal knowledge and expertise
liability
the state of being responsible for something
loss of consortium
personal injury claim made by family members; loss of normal activities
compensatory damages
to compensate for any harm or wrongdoing
punitive damages
damages exceeding simple compensation and are awarded to punish the defendant
restitution
the payment or compensation to make up for loss, damage, or injury
doctrine of respondeat superior
anybody who works for you is your responsibility
assumption of risk
a person waives their rights to sue when they voluntarily take part in a known dangerous activity
o 3 conditions apply:
Person must know of dangerous condition
Person appreciated the nature and extent of danger
Voluntarily exposed themselves despite knowing of the danger
negligence
failure to take proper care in doing something
duty
obligation created by law or contract
breach of duty
when duty exists, but was not followed
harm
loss or damage to a person’s right, property, or physical/mental well-being
ordinary negligence
failure to use reasonable care
gross negligence
willful, wanton, or reckless negligence
contributory negligence
a case where there was negligence by both parties
contract
agreement between two parties that creates a legal obligation to perform a particular duty
breach of contract
failure of one or more terms of the contract
offer and acceptance
both must take place for a contract to be enacted
