Law chapter 2 Flashcards
Constructive Trust
When a defendant is required to keep property or money
What are 2 examples of legal remedy?
Payment for damages
Transfer of property
Subject-Matter Jurisdiction
The authority of a court to hear and decide a specific type of dispute
Legal Remedy
Money, property and things that have value
Attachment
A court designates specific property owned by the debtor to be transferred to the creditor
Equitable Remedies
Remedies that don’t deal with money
Contract Claims
Disagreements over a contract
What are 4 examples of equitable remedies?
Contract rescission
Contract reformation
Constructive Trust
Injunction
Jurisdiction
The authority of a court to hear and decide a specific action
Contract Rescission
When a contract is cancelled
What is the difference between injunction and damages
Damages- money
Injunction- order to stop doing something
What are the three things to commencing the action?
Jurisdiction
Legal Theory
Remedies
Injunction
Order to stop doing something
Intentional Tort
A wrong doing someone did on purpose
What is an example of Rem jurisdiction?
Court jurisdiction over a defendants property
What are the 4 types of jurisdiction?
personam
Rem
Subject-matter
State or federal
Remedy
The relief that you want
Contract Reformation
When a contract is rewritten
State or Federal Jurisdiction
Only deals with federal cases that contain disputes that involve the U.S. constitution, acts of Congress or treaties
Personam Jurisdiction
Jurisdiction over any person or business involved in a legal activity
Lien
A right to keep possession of property belonging to another person until a debt owned by that person is charged
Damages
How much money you want based on the injury someone else did
What does subject-matter jurisdiction go off of?
Specific statute or constitution
Rem Jurisdiction
Jurisdiction over a thing
Legal Theory
The same as the cause of action
Commencing the action Definition
Starting the cause of action
Tort
A wrong doing
Slander
Damaging someone’s reputation
Product Liability
When the product does not meet the standards it says it will
What are 6 examples of Tort?
Assault Battery Defamation / Slander Infliction of emotional distress Invasion of Privacy Trespassing
Garnishment
Collecting a monetary judgment on behalf of a plaintiff from a defendant
What are the 4 typical legal theories?
Tort
Intentional Tort
Contract Claims
Product Liability
Service of Process
Family notifying the defendant of the lawsuit
What are the 4 ways of notifying a defendant of a lawsuit?
Go to their house
Leave it at their house
Give it to their agent
By mail
The Defendants side
The defendant must specifically admit or deny each allegation or complaint
Discovery
The process of obtaining information from the opposing party prior to trial
What are the 4 types of discovery tools?
Deposition
Interrogatories
Request for admission
Request for documents
Deposition
Sworn testimony of the parties that is recorded by a court reporter
Interrogatories
Written questions that must be answered under oath
Request for admissions
Questions to the opposing party that must be answered in an “admit” or deny format
