Exam 1 (Vocab/Terms) Flashcards

Question

What is Questions for Jury?

Answer 1

refers to the instructions or guidelines provided by a judge to the jury at the end of a trial. These questions are designed to help the jury make decisions about the case based on the evidence presented and the relevant laws. The questions may include inquiries about the facts of the case, the credibility of witnesses, and whether the evidence meets the legal standard for a particular charge or claim. The jury's answers to these questions often determine the outcome of the trial.

Answer 2

Answer depends on the context. Legal questions: These are questions posed to judges during legal proceedings, typically by attorneys representing the parties involved. These questions seek clarification on legal issues, procedural matters, or rulings made by the judge. Judicial review: In some legal systems, questions for judges may refer to the process of seeking a review of a judge's decision by a higher court. This could involve submitting questions about the legal reasoning behind the decision, potential errors in interpretation or application of the law, or procedural irregularities.

Answer 3

refers to the authority of a court to hear cases of a particular type or category. Subject matter jurisdiction is typically determined by statute, constitution, or other legal authority. For example, certain courts may have jurisdiction over only criminal cases, while others may handle only civil cases. Additionally, some courts may have jurisdiction over specific types of cases, such as family law matters, probate cases, or federal offenses. If a court lacks subject matter jurisdiction over a case, any decisions made in that case may be challenged and overturned.

Answer 4

A court's authority over a particular individual or entity. Typically based on the defendant's contacts with the jurisdiction where the court is located. Two types of personal jurisdiction: * General jurisdiction: This type of jurisdiction allows a court to hear any claims against a defendant, regardless of whether the claims are related to the defendant's activities within the jurisdiction. General jurisdiction typically exists when the defendant has substantial and continuous contacts with the jurisdiction, such as being a resident or having a principal place of business there. * Specific jurisdiction: Specific jurisdiction allows a court to hear cases that arise out of or are related to the defendant's contacts with the jurisdiction. These contacts can include actions such as conducting business, committing a tort, or entering into a contract within the jurisdiction. For a court to exercise specific jurisdiction over a defendant, there must be a sufficient connection between the defendant's activities in the jurisdiction and the claims being brought against them.

Answer 5

Court's authority to adjudicate cases concerning property rights or interests rather than personal rights. In such cases, the court has jurisdiction over the property itself rather than over particular individuals involved in the dispute. This type of jurisdiction is typically invoked in situations where there is a dispute regarding the ownership, possession, or other rights related to a specific piece of property. The court's authority is based on the property being within its territorial jurisdiction, regardless of where the parties involved may be located.

Answer 6

Right of an individual or entity to bring a lawsuit or participate in a legal proceeding. To establish standing, a party must typically demonstrate that they have a sufficient connection to the case or controversy at hand. The elements required to establish standing may include the following: * Injury or harm * Causation (causal connection between the conduct being challenged and the injury suffered by the party seeking standing) * Redressability (The court must have the ability to provide a remedy that can effectively address or redress the injury suffered by the party seeking standing)

Answer 7

Practice of strategically selecting a particular jurisdiction or court forum in which to bring a legal claim or lawsuit based on the belief that it offers the most favorable outcome or procedural advantages for the party initiating the action. This practice often involves seeking out jurisdictions with laws, rules, or judicial practices that are perceived as more favorable or sympathetic to the party's position.

Answer 8

legal concept in the United States federal court system that allows certain cases involving parties from different states to be heard in federal court instead of state court. This concept is derived from Article III, Section 2 of the United States Constitution, which grants federal courts jurisdiction over cases between citizens of different states. following requirements must typically be met: * Citizenship of parties: The parties involved in the lawsuit must be citizens of different states * Amount in controversy: The amount in controversy, which refers to the monetary value of the claims being made in the lawsuit, must exceed a certain threshold specified by federal law (70k?)

Answer 9

Holds that in cases where federal courts exercise diversity jurisdiction (i.e., cases involving citizens of different states), the federal courts must apply the substantive law of the state in which the federal court sits, including state statutory law, common law, and judicial decisions. This means that in diversity cases, federal courts must apply state law rather than federal common law or other federal legal principles to resolve substantive issues.

Answer 10

State legislature that allows a court within that state to assert personal jurisdiction over out-of-state defendants who have certain minimum contacts with the state. These statutes enable courts to exercise jurisdiction over non-resident defendants, provided they have sufficient connections or contacts with the state in which the court is located

Answer 11

a legal concept used in the context of personal jurisdiction, particularly in cases where a court is determining whether it can assert jurisdiction over a non-resident defendant consistent with the requirements of due process under the Fourteenth Amendment to the U.S. Constitution ( prohibits states from denying any person within their jurisdiction the equal protection of the laws & requires that individuals be given fair and impartial treatment under the law)

Answer 12

An appeal that is made before the trial court has rendered a final judgment or decision in a case. In other words, it occurs during ongoing litigation, typically after a specific ruling or order has been made by the trial court but before the case has been fully resolved. Typically allowed only in limited circumstances

Answer 13

A "motion to dismiss for failure to state a claim." Essentially, the defendant is asking the court to dismiss the case against them because, even if all the allegations in the plaintiff's complaint are true, they still do not establish a legal claim for relief. When a defendant files a 12(b)(6) motion, the court will typically consider only the allegations in the plaintiff's complaint and any documents attached to or incorporated by reference into the complaint. The court will not consider evidence beyond the complaint itself

Answer 14

A judgment entered by a court in favor of one party in a lawsuit when the other party fails to appear in court or otherwise defend against the claims brought against them. Default judgments are typically entered when the defendant, despite being properly served with legal notice of the lawsuit, fails to file a response or otherwise participate in the legal proceedings within the time allowed by law. Default judgments can include various forms of relief, such as monetary damages, injunctions, or other remedies requested by the plaintiff in their complaint.

Answer 15

a ruling made by a judge in a trial that removes certain issues or claims from the consideration of the jury. It occurs after the presentation of evidence during a trial but before the case is submitted to the jury for deliberation. A directed verdict is typically requested by one party, usually the defendant, who argues that the opposing party has failed to present sufficient evidence to support their claims. The requesting party argues that, based on the evidence presented, no reasonable jury could find in favor of the opposing party on the particular issue or claim in question. To grant a directed verdict, the judge must conclude that the evidence presented is so one-sided that the party against whom the directed verdict is sought would not be entitled to a favorable verdict.

Answer 16

the process by which prospective jurors are questioned and selected to serve on a jury. The goal of voir dire is to select a jury that is capable of rendering a fair and impartial verdict based solely on the evidence presented at trial and the instructions given by the judge.

Answer 17

a legal request made by one of the parties in a civil or criminal case asking the court to review the trial proceedings and determine whether errors occurred during the trial that affected the fairness or outcome of the proceedings. Grounds upon which a party may base a motion for a new trial: * Errors of law (errors in interpreting or applying the law during the trial) * Errors of fact (errors in the factual findings made by the jury or the judge) * Misconduct (prejudiced their case and deprived them of a fair trial) * Newly discovered evidence * Prejudicial rulings: (trial court's rulings on evidentiary matters or other procedural issues were so prejudicial that they deprived the party of a fair trial)

Answer 18

a legal request made by a party to a court asking to revisit its earlier decision and provide relief to the party seeking it. This motion is typically made after a final judgment has been entered by the court and is intended to provide relief from the consequences of that judgment. The party seeking relief must generally demonstrate valid grounds for the court to reconsider its earlier decision, such as newly discovered evidence, fraud, mistake, or other compelling reasons.

Answer 19

legal motions made by parties in a lawsuit before the trial proceedings begin. These motions are typically made to address various legal issues or procedural matters that arise before the trial itself. Pre-trial motions serve to streamline the trial process, clarify legal issues, and resolve certain matters before they are brought before the jury or judge.

Answer 20

Legal motions made by parties during the course of a trial, typically after the trial proceedings have commenced but before a final judgment or verdict has been rendered. These motions are made in the presence of the judge and often address legal issues, procedural matters, or evidentiary issues that arise during the trial itself.

Answer 21

legal motions made by parties after a trial has concluded and a final judgment or verdict has been rendered by the court. These motions are typically made to address various legal issues or procedural matters that arise after the trial proceedings have ended but before the case is fully resolved. Common types of post-trial motions include: * Motion for judgment notwithstanding the verdict (JNOV) * Motion for a new trial * Motion to amend the judgment * Motion for relief from judgment * Motion for costs and attorney's fees

Answer 22

A type of fee arrangement commonly used in civil litigation, particularly in personal injury cases and other types of cases where the client is seeking monetary damages. In a contingent fee agreement, the attorney's fee is contingent, or dependent, upon the outcome of the case. Instead of the client paying the attorney an hourly rate or a flat fee for their services, the attorney agrees to represent the client on a "no win, no fee" basis. This means that the attorney will only receive payment if the client successfully recovers compensation or achieves a favorable outcome in the case, typically through a settlement or a judgment awarded by the court.

Answer 23

Enables a party to seek compensation for services provided to another party, even in the absence of a written agreement specifying payment terms. This doctrine is often invoked in situations where one party has performed work or provided services under circumstances implying that payment would be made, but no formal contract outlining payment terms exists. To prevail in a claim of quantum meruit, the party seeking compensation must typically demonstrate the following elements: * Performance of services * Acceptance of the services * Absence of an express contract * Reasonable value of services

Answer 24

a formal legal document that initiates a civil lawsuit. It is filed by the plaintiff (the party bringing the lawsuit) and serves to notify the defendant (the party being sued) of the claims being asserted against them. The complaint outlines the factual allegations underlying the plaintiff's claims, as well as the legal theories on which those claims are based.

Answer 25

Process by which parties in a lawsuit exchange relevant documents and other tangible evidence with each other during the discovery phase of litigation. Discovery is a pre-trial procedure that allows parties to obtain information and evidence from each other in order to prepare their cases for trial.

Answer 26

a meeting that occurs before a trial between the parties involved in a lawsuit, their attorneys, and the presiding judge. Its purpose is to facilitate the efficient management of the case and to address various procedural matters in preparation for trial.

Answer 27

A legal proceeding in which a judge, rather than a jury, hears and decides the case. The judge acts as both the finder of fact and the interpreter of law, rendering a decision based on the evidence presented and the applicable law. Parties present their arguments, evidence, and legal theories directly to the judge, who evaluates the credibility of witnesses, weighs the evidence, and applies the law to determine the outcome of the case. Commonly used in various legal contexts, including civil and criminal cases, administrative hearings, and certain types of specialized proceedings. Chosen for a variety of reasons, such as when the parties agree to waive their right to a jury trial, when the case involves complex legal issues that may be better decided by a judge, or when the parties prefer the efficiency and expediency of a trial without a jury.

Answer 28

a legal proceeding in which a group of individuals, known as jurors, is selected to hear and decide the facts of a case. In a jury trial, the jurors act as the finders of fact, while the judge presides over the trial and interprets the law.

Answer 29

a legal document issued by a court or other authorized entity that commands an individual to appear at a certain time and place to give testimony or produce documents or other evidence relevant to a legal proceeding. Subpoenas are commonly used in both civil and criminal cases to compel witnesses to testify or to obtain documentary evidence.

Answer 30

A legal doctrine that prevents parties from re-litigating claims that have already been adjudicated in a final judgment by a court of competent jurisdiction. Principle of civil procedure and applies to both state and federal courts in the United States.

Answer 31

* Final Judgment (merits of a claim or issue by a court of competent jurisdiction. The judgment must be conclusive and not subject to further appeal or review) * Same Parties or Privies * Same Claim or Cause of Action * Full and Fair Opportunity to Litigate * Identity of Claims or Issues (identity of claims or issues between the previous lawsuit and the subsequent lawsuit)

Answer 32

Land and any permanent structures or improvements attached to the land, as well as the rights associated with owning or possessing land.

Answer 33

Physical assets that can be touched, felt, and seen. Tangible property exists in a physical state and can be moved or transferred from one location to another. Ex: houses, furniture, businesses, antiques, Animals, timber

Answer 34

Assets that represent value but do not have a physical form. Unlike tangible property, which can be touched, felt, and seen, intangible personal property exists as legal rights or interests and is often represented by documents or electronic records. Ex: stocks, leases, ownership rights in joint ventures, royalties, websites, licenses to operate a business

Answer 35

an item or structure that is permanently attached to real property, such as land or buildings, in a way that it becomes part of the property itself. Fixtures are typically considered part of the real estate and cannot be easily removed without damaging the property. Ex: Attached appliances (stove), Structural components (walls, floors) , Plumbing fixtures (sink, toilet)

Answer 36

Personal belongings that have been unintentionally misplaced or left behind by their rightful owner and are subsequently discovered by someone else. This type of property may include items such as wallets, keys, cell phones, jewelry, clothing, bags, and other personal effects.

Answer 37

personal belongings or real estate that the rightful owner has intentionally relinquished, discarded, or left behind with no intention of reclaiming ownership.

Answer 38

Property was lost or abandoned

Answer 39

Property was mislaid

Answer 40

A transfer of property or assets from one party to another without any conditions, limitations, or reservations attached. When a gift is deemed absolute, the donor (the person giving the gift) relinquishes all control and ownership rights over the property or assets, and the recipient (the person receiving the gift) obtains full and unrestricted ownership and control. Key characteristics of an absolute gift include: * Intent (clear and unequivocal intention to make a gift, indicating a voluntary and unconditional transfer of ownership to the recipient) * Delivery (physical transfer of the property or assets, or it may be achieved through symbolic acts or representations indicating the donor's intent to transfer ownership) * Acceptance (recipient must accept the gift in order for it to be legally valid) * Irrevocability (Once a gift is made and accepted, it generally cannot be revoked or rescinded by the donor, unless there are specific circumstances or legal grounds for revocation, such as fraud, duress, or incapacity)

Answer 41

A transfer of property or assets that is made contingent upon the occurrence of certain specified conditions. In other words, the giver of the gift imposes conditions or requirements that must be met before the recipient becomes entitled to receive or retain the gift.

Answer 42

* Revocation: A donor may revoke or cancel a gift before it is accepted by the recipient. However, once a gift has been accepted by the recipient, it generally cannot be revoked by the donor unless the gift was conditional and the conditions are not met. Revocation typically requires clear and unequivocal action by the donor, such as a written statement or explicit communication to the recipient. * Modification: The terms of a gift may be modified or amended through a formal agreement between the donor and the recipient. This may involve renegotiating the terms of the gift, adding or removing conditions, or changing the nature or value of the gift. Any modifications to a gift should be documented in writing and signed by both parties to ensure enforceability. * Rescission: In some cases, a gift may be rescinded or cancelled if it was made as a result of fraud, undue influence, mistake, or other legal grounds for rescission. Rescission typically requires a court order and may be subject to certain legal limitations and requirements. * Conversion: A gift may be converted into a different form or type of property through legal action or agreement between the parties involved. * Legal Proceedings: In certain circumstances, the terms of a gift may be changed through legal proceedings, such as litigation or court intervention

Answer 43

the higher court evaluates the case based solely on the record of the case and legal arguments presented to it, without deferring to the lower court's interpretation of the law or factual determinations. This type of review allows the higher court to independently assess the legal issues and reach its own conclusions. De novo review is commonly used in appellate courts when reviewing questions of law, legal rulings, or matters of statutory interpretation.

Answer 44

an unreasonable interference with the public's right to use and enjoy public resources or property. It refers to conduct, conditions, or activities that cause harm, annoyance, or inconvenience to a significant portion of the community or the general public. Ex: Loud and persistent noise that disturbs the peace and quiet of the surrounding community

Answer 45

An order issued by a higher court, typically an appellate court, instructing a lower court to send up the record of a case for review. In the United States, the writ of certiorari is most commonly associated with the Supreme Court, which uses it to select cases for review. Serves as a mechanism for the Supreme Court to exercise discretionary review over lower court decisions and to select cases that have significant legal implications or raise important questions of law.

Answer 46

Legal term that refers to interference with an individual's use and enjoyment of their own property. A private nuisance affects specific individuals or property owners. A private nuisance typically involves conduct, conditions, or activities on one person's property that substantially and unreasonably interfere with the use and enjoyment of another person's property. This interference may be intentional, negligent, or the result of natural conditions. Ex: Loud and persistent noise that disrupts the peace and quiet of a neighboring property owner's home.

Answer 47

* Substantial Interference: The plaintiff must demonstrate that the defendant's conduct, condition, or activity has caused a substantial interference with their use and enjoyment of their property. * Unreasonableness: The interference must be unreasonable under the circumstances. Factors such as the severity, duration, and frequency of the interference, as well as the purpose and nature of the defendant's conduct, may be considered in assessing reasonableness. * Fault or Causation: The plaintiff must establish that the defendant's conduct, condition, or activity was the cause of the interference. This prong may require the plaintiff to demonstrate that the defendant acted negligently or intentionally in creating or maintaining the nuisance, or that the defendant engaged in conduct that created an unreasonable risk of harm to others. * Ownership or Possession: The plaintiff must have a legal interest in the property that is being interfered with, either as an owner or a lawful possessor. Only individuals or entities with a legal interest in the property have standing to bring a private nuisance claim.

Answer 48

Principles of law and study and interpretation of legal concepts, doctrines, and systems

Answer 49

Based on the principles of federalism, with separate systems of courts at both the federal and state levels. Operates within a framework of constitutional principles and legal norms designed to safeguard the rights and liberties of individuals while maintaining order and stability in society.

Answer 50

a legal concept that allows certain cases to be heard in federal courts based on the diversity of citizenship of the parties involved. Specifically, diversity jurisdiction exists when the parties in a civil case are from different states or when a citizen of a foreign country is involved in a dispute with a citizen of a U.S. state. To establish diversity jurisdiction, the following criteria must generally be met: * Complete Diversity: In cases involving multiple parties, there must be complete diversity of citizenship, meaning that no plaintiff is a citizen of the same state as any defendant. * Amount in Controversy: The amount in controversy must exceed a certain threshold specified by federal law. As of 2022, this threshold is $75,000

Answer 51

An individual's permanent legal residence, where they have a fixed and permanent home to which they intend to return whenever they are absent. Domicile is a legal concept used to determine an individual's legal status, rights, and responsibilities, particularly in matters such as jurisdiction, taxation, inheritance, and marital issues.

Answer 52

a legal proceeding in which a witness provides sworn testimony outside of court. It is a formal and structured process used in civil litigation to gather evidence, obtain information, and preserve testimony for use in trial. During an oral deposition, the witness, known as the deponent, is typically questioned by attorneys representing the parties involved in the case.

Answer 53

a legal principle that governs the admissibility of evidence in court proceedings, particularly with regard to documentary evidence. The Best Evidence Rule can be summarized as follows: * Requirement for Original Documents * Exceptions for Copies: If the original document is unavailable or cannot be produced, the party may be permitted to introduce a copy of the document as evidence under certain conditions * Purpose of the Rule: The Best Evidence Rule serves several purposes, including promoting accuracy and reliability in the presentation of evidence, preventing the introduction of false or misleading evidence, and protecting against the alteration or manipulation of documents. * Scope of Application: The Best Evidence Rule applies specifically to documentary evidence, including writings, recordings, photographs, and other tangible items. It does not apply to oral testimony or other forms of evidence. * Exceptions and Limitations: The Best Evidence Rule contains various exceptions and limitations, including provisions for the admissibility of duplicates, summaries, and transcripts of original documents under certain circumstances. Additionally, the rule may not apply in situations where the content of the document is not at issue or where the document is being used for a collateral purpose.

Answer 54

a rule of evidence that allows for the admission of out-of-court statements made by a person under the stress or excitement of a startling event. These statements are considered to be inherently trustworthy and reliable because they are made spontaneously, without the opportunity for the declarant to reflect or fabricate. Ex: Statements made by a witness immediately after witnessing a car accident. Statements made by a victim while being attacked or threatened. Statements made by a person in response to witnessing a violent crime or other shocking event.

Answer 55

A form of property ownership in which two or more individuals hold equal shares of ownership in a property, with each owner having an undivided interest in the entire property. This means that each joint tenant has an equal right to possess, use, and enjoy the property. Joint tenancy is commonly used for co-ownership of real estate, such as homes, vacation properties, or investment properties, among family members, spouses, or business partners.

Answer 56

a form of property ownership in which two or more individuals hold undivided interests in the same property, but each owner's share may be unequal and separate from the others. Tenancy in common is commonly used for co-ownership of real estate among individuals who wish to maintain separate ownership interests and have the flexibility to transfer or dispose of their interests independently.

Answer 57

A form of property ownership that is available only to married couples in certain states within the United States. Tenancy by the entirety is recognized in a limited number of states, primarily in the northeastern and midwestern regions of the United States. It is intended to provide married couples with certain legal protections and benefits, including simplified transfer of property upon death, creditor protection, and mutual control over the property.

Answer 58

a distinctive sign, symbol, logo, phrase, word, or combination thereof that identifies and distinguishes the goods or services of one party from those of others. Trademarks serve as a form of intellectual property protection, allowing businesses and individuals to establish and maintain exclusive rights to use their marks in commerce.

Answer 59

a form of intellectual property protection granted to the creators of original works of authorship, including literary, artistic, musical, and other creative works. Copyright protection grants certain exclusive rights to the creators or owners of the copyrighted works, allowing them to control the use and distribution of their creations.

Answer 60

a form of intellectual property protection granted to inventors for new and useful inventions or discoveries. Patents grant exclusive rights to the inventor or assignee to exclude others from making, using, selling, or importing the patented invention without permission for a limited period of time, typically 20 years from the date of filing the patent application.

Answer 61

personal property that has been intentionally placed by its owner in a location where the owner subsequently forgets or neglects to retrieve it, resulting in the property being left behind and temporarily lost.