Exam 1-Vocabulary

Question 1

Litigation: The process of __________ a dispute through the _____ system.

Answer 1

resolving, court

Question 2

Pleadings: _______ by the ________ and the _________ that details the ____, ______, and _______ of a case.

Answer 2

statement, plaintiff, defendant, facts, charges, defenses

Question 3

Complaint: The ______ made by the _______ alleging _______ on the part of the defendant. When filed with a court, the _______ initiates a ______.

Answer 3

pleading, plaintiff, wrongdoing, compliant, lawsuit

Question 4

Summons: A ______ informing a _______ that a legal ______ has been commenced against her or him and that the defendant must _______ in court on a certain date to _____ the plaintiff’s complaint.

Answer 4

document, defendant, action, appear, answer

Question 5

Default Judgement: A ________ entered by a ____ against a ______ who has _____ to appear in court to answer or defend against the plaintiff’s claim.

Answer 5

judgement, court, defendant, failed

Question 6

Answer: Procedurally, a defendant’s _______to a plaintiff’s ________.

Answer 6

response, complaint

Question 7

Counterclaim: A ____ made by a ________ in a _____ lawsuit against the plaintiff. In effect, the defendant is _____ the plaintiff.

Answer 7

claim, defendant, civil, suing

Question 8

Reply: Procedurally, a plaintiff’s ________ to a defendant’s ________.

Answer 8

response, answer

Question 9

Motion to Dismiss: A ________ in which a defendant ______ the facts as alleged by the plaintiff but ______ that the plaintiff’s claim to state a cause of action has no _______ in law.

Answer 9

pleading, admits, asserts, basis

Question 10

Motion of Judgement on the Pleadings: A _____ by ______ party to a lawsuit at the close of the pleadings _________ the court to decide the issue ______ on the pleadings without proceeding to ______. The motion will be granted only if no _____ are in dispute.

Answer 10

motion, either, requesting, solely, trail, facts

Question 11

Motion for Summary Judgement: A ________ requesting the court to enter a ________ without proceeding to ____. The motion can be based on _______ outside the pleadings and will be ______ only if no facts are in ______.

Answer 11

motion, judgment, trail, evidence, granted, dispute

Question 12

Discovery: A method by which the _______ parties obtain information from each other to ________ for trail.

Answer 12

opposing, prepare

Question 13

Deposition: The ___________ of a party to a _______ or a _____ taken under oath before a trial.

Answer 13

testimony, lawsuit, witness

Question 14

Interrogatories: A series of _____ questions for which written answers are prepared by a _______ to a lawsuit, usually with the assistance of the party’s ________, and then signed under oath.

Answer 14

written, party, attorney

Question 15

E-Evidence: A type of _________ that consists of all ___________-generated or _________ recorded information.

Answer 15

evidence, computer, electronically

Question 16

Voir Dire: An important part of the ____ selection process in which the attorneys question ___________ jurors about their ________, attitudes, and biases to ascertain whether they can be _______ jurors.

Answer 16

jury, prospective, backgrounds, impartial

Question 17

Motion for a Directed Verdict: A motion for the judge to take the ________ out of the hands of the ____ and to _______ a verdict for the party making the motion on the ground that the other party has not produced __________ evidence to support his or her decision.

Answer 17

decision, jury, direct, sufficient

Question 18

Award: The _______ compensation given to a party at the end of a trial or other proceeding.

Answer 18

monetary

Question 19

Motion for Judgment N.O.V.: A motion _______ the court to grant judgment in favor of the party making the _____ on the ground that the jury’s _______ against him or her was _________ and erroneous.

Answer 19

requesting, motion, verdict, unreasonable

Question 20

Motion for New Trail: A motion _______ that the trail was so _____________flawed (because of ____, new discovered ________, prejudice, or another reason) that a new trail is ________ to prevent a _________ of justice.

Answer 20

asserting, fundamentally, error, evidence, necessary, miscarriage

Question 21

Tort: A wrongful __( other than a breach of contract) that results in ______ or _______ to another and leads to civil liability.

Answer 21

act, harm, injury

Question 22

Business Tort: Wrongful __________ with another’s business _____ and __________.

Answer 22

interference, rights, relationships

Question 23

Damages: A __________ award sought as a remedy for a _________ of contract or a tortious action.

Answer 23

monetary, breach

Question 24

Compensatory Damages: A _________ award equivalent to the ______ value of injuries or damage sustained by the _________ party.

Answer 24

monetary, actual, aggrevated

Question 25

Punitive Damages: Monetary _________ that may be awarded to a _______ to punish the defendant and deter similar conduct in the future.

Answer 25

damages, plaintiff

Question 26

Intentional Tort: A wrongful act __________ committed.

Answer 26

knowingly

Question 27

Tortfeasor: One who _____ a tort

Answer 27

commits

Question 28

Assault: Any _____ or ______ intended to make another person _______ of immediate physical harm-a ________ believable threat.

Answer 28

word, action, fearful, reasonably

Question 29

Battery: Unexcused ________ or ________ physical contact with another that is ___________ performed.

Answer 29

harmful, offensive, intentionally

Question 30

Defense: A reason ______ and ________ by a defendant in an action or lawsuit as to why the plaintiff should not ______ or _____ what she or he seeks.

Answer 30

offered, alleged, recover, establish

Question 31

Actionable: Capable of serving as the basis of the _______. An actionable _____ can be pursed in a lawsuit or other court action.

Answer 31

lawsuit, claim

Question 32

Defamation: Anything _______ or _______ spoken that causes injury to another's ____ name, reputation, or character.

Answer 32

published, publicly, good

Question 33

Libel: Defamation in _____ or another ____ having the quality of __________ (such as a digital recording).

Answer 33

writing, permanence

Question 34

Slander: Defamation in ____ form.

Answer 34

oral

Question 35

Privilege: A special ____, _______, or immunity granted to a person or a class of persons, such as a judge's ________ privilege to avoid _____ for defamation over _______ made in the courtroom during a trail.

Answer 35

right, advantage, absolute, liability, statements

Question 36

Actual Malice: The deliberate _____ to cause harm that exists when a person makes a _________ with either knowledge or its falsity or reckless disregard of the truth. Actual malice is required to establish defamation against public _________.

Answer 36

intent, statement, figure

Question 37

Appropriation: In tort law, the use by one person of another person's ________, likeness, or other _________ characteristics without permission and for the benefit of the user.

Answer 37

name, identifying

Question 38

Fraudulent Misrepresentation: Any ________, either by __________ or by ________ of a material fact, knowingly made with the intention of ________ another and on which a reasonable person would and does rely to his or her detriment.

Answer 38

misrepresentation, misstatement, deceiving

Question 39

Puffery: A salesperson's often ________ claims concerning the quality of ______ offered for sale. Such claims involve _____ rather than ____ and are not legally binding promises or warranties.

Answer 39

exaggerated, property, opinions, facts

Question 40

Trespass to Land: ______ onto, above, below the surface of land owned by another _____ the owners permission or ____ authorization.

Answer 40

entry, without, legal

Question 41

Trespass to Personal Property: ___________ taking or harming the ________ property of another or otherwise interfering with the lawful owner's possession of personal property

Answer 41

wrongfully, personal

Question 42

Conversion: Wrongfully taking or retaining ________ of an individual's personal ____ and placing it in the ________ of another.

Answer 42

possession, property, service

Question 43

Disparagement of Property: An _________ injurious falsehood about another's ______ or __________.

Answer 43

economically, product, property

Question 44

Slander of Quality (Trade Libel) The ________ of false information about another's product, _________ that it is not what its seller claims.

Answer 44

publication, alleging

Question 45

Slander of Title: The ______ of a _______ that denies or costs doubt on another's ____ ownership of any _____, causing financial loss to that property's owner.

Answer 45

publication, statement, legal, property

Question 46

Negligence: The _______ to exercise the standard of care that a ______ person would exercise in similar circumstances.

Answer 46

failure, reasonable

Question 47

Duty of Care: The duty of all persons, as established by ____ law, to exercise a reasonable amount of care in their ________ with others. Failure to exercise ________, which is normally determined by the __________ person standard, constitutes the tort of ________.

Answer 47

tort, dealing, due care, reasonable, negligence

Question 48

Reasonable Person Standard: The standard of _______ expected of a _______ "reasonable person". It is the standard against which ________ is measured and that must be observed to avoid _____ for negligence.

Answer 48

behavior, hypothetical, negligence, liability

Question 49

Business Invitee: A person, such as a ______ or a _____, who is invited onto business premised by the owner of those premises for ________ purposes.

Answer 49

customer, client, business

Question 50

Malpractice: Professional ______ or the lack of the ________ degree of skill as a professional. ______ the failure to exercise due care-on the part of professional, such as a physician, is commonly referred to as malpractice.

Answer 50

misconduct, requisite, negligence

Question 51

Causation in Fact: An ____ or _______ without which an event would not have occurred.

Answer 51

act, omission

Question 52

Proximate Cause: ____ cause. It exists when the connection between an ____ and an _______ is strong enough to justify imposing liability.

Answer 52

legal, act, injury

Question 53

Assumption of Risk: A ______ to negligence. A plaintiff may not recover for ______ or _______ suffered from risks he or she knows of and has voluntarily assumed.

Answer 53

defense, injuries, damages

Question 54

Contributory Negligence: A _____ in tort law used in only a few states, that _______ bars the plaintiff from ______ any damages if the damage suffered is _____ the plaintiff's own fault.

Answer 54

rule, completely, recovering, partly

Question 55

Comparative Negligence: A ______ in tort law, used in the ________ of states, that reduces the plaintiff's ________ in proportion to the plaintiff's degree of _____, rather than bearing recovery ________.

Answer 55

rule, majority, recovery, fault, completely

Question 56

Negligence Per Se: An ______ or ______ to act in violation of a statutory requirement.

Answer 56

action, failure

Question 57

Good Samaritan Statue: A _____ statute stipulating that persons who provide _________ services to, to rescue, someone in peril cannot be sued for ______ unless they act _________ thereby causing further harm.

Answer 57

state, emergency, negligence, recklessly

Question 58

Dram Shop Act: A _____ statue that imposes liability on the ________ of bars and taverns, as well as those who serve _______ drinks to the public, for injuries resulting from ________ caused by ________ persons when the sellers or servers of alcoholic drinks ________ to the intoxication.

Answer 58

state, owners, alcoholic, accidents, intoxicated, contributed

Question 59

Promise: A _________ that ____ a person who makes it (the promiser) to do or not to do a certain act.

Answer 59

declaration, binds

Question 60

Promisor: A person who _____ a promise.

Answer 60

makes

Question 61

Promisee: A person to _____ a promise is ______.

Answer 61

whom, made

Question 62

Contract: A set of _______ consulting an agreement between parties, giving each a _____ duty to the other and also the right to seek a ____ for the breach of the promises or duties.

Answer 62

promises, legal, remedy

Question 63

Offeror: A person who _____ an offer.

Answer 63

makes

Question 64

Offeree: A person to _____ an offer is ____.

Answer 64

whom, made

Question 65

Bilateral Contract: A type of contract that arises when a ______ is given in _______ for a _____ promise. (Promise for a Promise)

Answer 65

promise, exchange, return

Question 66

Unilateral Contract: A contract that results when an ______ can be accepted only by the offeree's _________.( A Promise for an Act)

Answer 66

offer, performance

Question 67

Express Contract: A contract in which the ____ of the agreement are ____ in words, ___ or ____.

Answer 67

terms, stated, oral, written

Question 68

Implied Contract: A contract formed in _______ or in ______ from the conduct of the parties

Answer 68

whole, part

Question 69

Formal Contract: Contract _____ be in ______ to be enforceable.

Answer 69

must, writing

Question 70

Informal Contract: Contract can be ___ other contracts.

Answer 70

all

Question 71

Irrevocable: Offer ____ be _____ once substantial performance has begun.

Answer 71

cannot, revoked

Question 72

Executed Contract: A contract that has been ______ performed by both parties.

Answer 72

fully

Question 73

Executory Contract: A contract that has ____ yet been fully performed.

Answer 73

not

Question 74

Valid Contract: A contract that results when the elements _______ for contract formation are ______.

Answer 74

necessary, present

Question 75

Voidable Contract: A contract that may be legally ________ at the option of ___ or ____ of the parties

Answer 75

avoided, one, both

Question 76

Unenforceable Contract: A valid contract rendered ________ by some statute or law.

Answer 76

unenforceable

Question 77

Quasi Contract: An ______ or contract imposed by ____, in the ______ of an agreement, to prevent the unjust _______ of one party.

Answer 77

obligation, law, absence, enrichment

Question 78

Limitations on Quasi-Contractural Remedy: Enriched party is not ______ when benefit is conferred ______, negligently or by misconduct.

Answer 78

liable, unnecessarily

Question 79

Plain Meaning Rule: Courts will _____ contracts whose meanings are _____ from the face of the instrument.

Answer 79

enforce, clear

Question 80

Malum in se: bad in ____ (eg. robbery)

Answer 80

itself

Question 81

Malum in prohibitum: _________ or bad act (eg. not paying taxes)

Answer 81

prohibited