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jeremy harmon > Law chapter 2 > Flashcards

Law chapter 2 Flashcards

1
Q

Constructive Trust

A

When a defendant is required to keep property or money

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2
Q

What are 2 examples of legal remedy?

A

Payment for damages

Transfer of property

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3
Q

Subject-Matter Jurisdiction

A

The authority of a court to hear and decide a specific type of dispute

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4
Q

Legal Remedy

A

Money, property and things that have value

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5
Q

Attachment

A

A court designates specific property owned by the debtor to be transferred to the creditor

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6
Q

Equitable Remedies

A

Remedies that don’t deal with money

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7
Q

Contract Claims

A

Disagreements over a contract

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8
Q

What are 4 examples of equitable remedies?

A

Contract rescission
Contract reformation
Constructive Trust
Injunction

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9
Q

Jurisdiction

A

The authority of a court to hear and decide a specific action

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10
Q

Contract Rescission

A

When a contract is cancelled

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11
Q

What is the difference between injunction and damages

A

Damages- money

Injunction- order to stop doing something

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12
Q

What are the three things to commencing the action?

A

Jurisdiction
Legal Theory
Remedies

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13
Q

Injunction

A

Order to stop doing something

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14
Q

Intentional Tort

A

A wrong doing someone did on purpose

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15
Q

What is an example of Rem jurisdiction?

A

Court jurisdiction over a defendants property

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16
Q

What are the 4 types of jurisdiction?

A

personam
Rem
Subject-matter
State or federal

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17
Q

Remedy

A

The relief that you want

18
Q

Contract Reformation

A

When a contract is rewritten

19
Q

State or Federal Jurisdiction

A

Only deals with federal cases that contain disputes that involve the U.S. constitution, acts of Congress or treaties

20
Q

Personam Jurisdiction

A

Jurisdiction over any person or business involved in a legal activity

21
Q

Lien

A

A right to keep possession of property belonging to another person until a debt owned by that person is charged

22
Q

Damages

A

How much money you want based on the injury someone else did

23
Q

What does subject-matter jurisdiction go off of?

A

Specific statute or constitution

24
Q

Rem Jurisdiction

A

Jurisdiction over a thing

25
Q

Legal Theory

A

The same as the cause of action

26
Q

Commencing the action Definition

A

Starting the cause of action

27
Q

Tort

A

A wrong doing

28
Q

Slander

A

Damaging someone’s reputation

29
Q

Product Liability

A

When the product does not meet the standards it says it will

30
Q

What are 6 examples of Tort?

A 
Assault
Battery
Defamation / Slander
Infliction of emotional distress
Invasion of Privacy
Trespassing
31
Q

Garnishment

A

Collecting a monetary judgment on behalf of a plaintiff from a defendant

32
Q

What are the 4 typical legal theories?

A

Tort
Intentional Tort
Contract Claims
Product Liability

33
Q

Service of Process

A

Family notifying the defendant of the lawsuit

34
Q

What are the 4 ways of notifying a defendant of a lawsuit?

A

Go to their house
Leave it at their house
Give it to their agent
By mail

35
Q

The Defendants side

A

The defendant must specifically admit or deny each allegation or complaint

36
Q

Discovery

A

The process of obtaining information from the opposing party prior to trial

37
Q

What are the 4 types of discovery tools?

A

Deposition
Interrogatories
Request for admission
Request for documents

38
Q

Deposition

A

Sworn testimony of the parties that is recorded by a court reporter

39
Q

Interrogatories

A

Written questions that must be answered under oath

40
Q

Request for admissions

A

Questions to the opposing party that must be answered in an “admit” or deny format

jeremy harmon (108 decks)

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