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poli sci 417 > midterm 1 > Flashcards

midterm 1 Flashcards

1
Q

acceptance (contract law)

A

comes after the offer; one person’s compliance with the terms of an offer made by another

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2
Q

Additur

A

The practice of a trail judge adding damages additional to the original amount awarded by the jury

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3
Q

adequate and independent state grounds

A

the standard used by SCOTUS to determine if they’ll hear a case from a state court
No jurisdiction if:
1.if the state ground is adequate to support the judgement
and
2. independent of federal law

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4
Q

Adversarial system

A

Resolves disputes by presenting conflicting views of fact and law to an impartial and relatively passive arbiter, who decided which side wins what

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5
Q

Adverse Possession

A

a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, as long as certain requirements are met

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6
Q

Affirmative Defense

A

Defendant introduces evidence, which may negate criminal or civil liability, even if it is proven that the defendant committed to the alleged acts.

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7
Q

Age of Majority

A

The age at which an individual will be legally considered an adult

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8
Q

Agreed remedies

A

An outline of the remedies that may be agreed by parties for a breach of contract

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9
Q

American Rule

A

Requires both sides in a court case to pay their own legal fees, no matter who wins the case

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10
Q

Answer

A

Defendant’s response to the plaintiff’s

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11
Q

anticipatory breach

A

When a party demonstrates its intention to break a contract

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12
Q

Binding Precedent

A

A legal rule or principle , articulated by an appellate court, that must be followed by lower courts within its jurisdiction

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13
Q

burden of persuasion

A

requisite degree of belief a party must convince a jury that a particular fact is true

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14
Q

burden of product

A

party’s obligation to come forward with sufficient evidence to support a particular proposition of fact

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15
Q

Causation in fact

A

the actual evidence, or facts of a case

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16
Q

Certified Question (certification)

A

formal request by one court to another, usually but not always in another jurisdiction, for an opinion on a question of law

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17
Q

Civil Assault

A

an intentional attempt to cause harm to others as well as the physical ability to provide this harm

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18
Q

civil battery

A

the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent)

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19
Q

Claim preclusion

A

prohibits lawsuits involving the same cause of action and the same parties if the court has entered a final judgement on the merits.

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20
Q

clear and convincing evidence

A

evidence that produces in your minds a firm belief or conviction that the allegations sought to be provided by the evidence are true

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21
Q

Comity

A

courts of one state or jurisdiction respecting the laws and judicial decisions of other jurisdictions- whether state, federal, or international

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22
Q

Competent parties (contract law)

A

Both parties have to be of age and not mentally disabled in a way that impacts their judgement

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23
Q

complaint

A

The first step of the civil law suit, the plaintiff files this, and then has a certain number of days to serve the defendant

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24
Q

concurrence

A

the requirement that a guilty mental state and guilty act occur in unison

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25
Q

concurrent jurisdiction

A

allows more than one court to have the authority to hear the same case

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26
Q

Consideration (contract law)

A

Both parties are giving something up

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27
Q

contingency fee

A

lawyer agrees to only be paid if their client wins

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28
Q

contributory negligence

A

failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury- may reduce the amount received from the defendant

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29
Q

counterclaim

A

a defendants claim against the plaintiff

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30
Q

damages

A

the remedy that a party requests the court award in order to try to make the injured party whole

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31
Q

default judgement

A

When the defendant does not answer, the court will issue this

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32
Q

Deposition

A

the process of giving sworn evidence

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33
Q

Dignitary Tort

A

intentional torts where the cause of action is being subjected to certain kinds of indignities ( treatments that cause one to loose dignity)

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34
Q

Discovery

A

the formal process of exchanging information between the parties about the witness and evidence they’ll present at trial

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35
Q

Discretionary Reviews

A

the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them

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36
Q

diversity jurisdiction

A

the parties must be citizens of different states and the amount must be over 75k

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37
Q

Duty of care

A

requirement that a person act toward others and the public with the watchfulness, attention, caution and prudence

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38
Q

easement

A

a right to cross or otherwise use someone else’s land for a specified purpose

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39
Q

eggshell-skull rule

A

a defendant in a personal injury case will be responsible for the damage caused as-is, even if the victim had a pre-existing condition that made him or her predisposed to a serious injury

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40
Q

English rule

A

the party that loses in court pays the other party’s legal fees

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41
Q

Equity

A

supersedes common law and statute law when there is a conflict btw the two- courts used their discretion to apply justice in accordance with natural law

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42
Q

Erie doctrine

A

a commitment to respect the diversity of state legal systems and maintain the balance between federal and state jurisdictions

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43
Q

Exclusive Jurisdiction

A

If one court has the power to hear a case

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44
Q

Expectation Damages

A

damages that can be recovered from a contract breach by the non-breaching party

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45
Q

Federal party jurisdiction

A

What parties can bring a case to federal courts (diversity and federal questions)

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46
Q

federal subject-matter jurisdiction

A

the court has authority to hear the type of case or controversy initiated in its court

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47
Q

fee simple

A

full and irrevocable ownership of land, and any buildings on that land

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48
Q

fixed-term tenancy

A

a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice

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49
Q

forum non conveniens

A

a court’s discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case

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50
Q

forum shopping

A

the practice of choosing the court or jurisdiction that has the most favorable rules or laws for the position being advocated

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51
Q

full faith and credit

A

state courts respect the laws and judgements of courts from other states

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52
Q

Hand test

A

attempts to formalize the intuitive notion that when the expected loss exceeds the cost of taking precaustions

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53
Q

Injunction

A

judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act

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54
Q

in personam jurisdiction

A

a court’s power over a person (or entity) who is a party to, or involved in, a case or controversy before the court

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55
Q

inquisitorial system

A

judges or juries have the primary responsibility for gathering and evaluation evidence

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56
Q

in rem jurisdiction

A

the authority of a court over real or personal property

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57
Q

intentional tort

A

type of tort that can only result from an intentional act of defendant

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58
Q

interrogatories

A

a written question which is formally put to one party in a case by another party and which must be answered

59
Q

interventions

A

the procedure under which a third party may join an ongoing lawsuit, providing the facts and law issues apply to the intervenor as much as to one of the existing contestants

60
Q

Issue preclusion

A

means that a valid and final judgement binds the plaintiff, defendant, and their privies in subsequent actions on different causes of action btw them to same issues actual litigated and essential to the judgment in the first action

61
Q

Joinder of parties

A

allows multiple plaintiffs to join in an action if each of their claims arises from the same transaction or occurance

62
Q

joint-and-several liability

A

makes all parties in a suit responsible for damages up to the entire amount awarded

63
Q

joint liability

A

the obligation of two or more partners to pay back a debt or be responsible for satisfying a liability

64
Q

judgement as a matter of law (JMOL)

A

asks the court to enter a judgement based on the conclusion that no reasonable jury could reach a different conclusion

65
Q

judgement notwithstanding the verdict (JNOV)

A

a judgement by the trial judge after a jury has issued a verdict, setting aside the jury’s verdict and entering a judgement in favor of the losing party without a new trial

66
Q

judgement on the pleadings

A

can be filed on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law

67
Q

leasehold

A

the holding of property by lease

68
Q

legal purpose (contract law)

A

the requirement that the object of, or reason for, the contract must be legal

69
Q

license (property law)

A

permission to enter or use land or property owned by another in a manner that would otherwise constitute a trespass

70
Q

life estate

A

created by a deed that gives the property to the person “for life” and identifies what should happen to it after that person dies

71
Q

long-arm statutes

A

a statute that allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with that state

72
Q

mandatory review

A

by which any individual or entity can request any Federal agency to review classified information for declassifications, regardless of its age or origin, subject to certain limitations

73
Q

material breach

A

breaks an agreement at its core or root

74
Q

meeting of the minds

A

mutual assent by all parties to the formation of a contract

75
Q

minimum contracts

A

the shortest contract term available for a given contract

76
Q

minor breach

A

when a party to a contract preforms most of the terms of that contract

77
Q

modified comparative negligence

A

disallows plaintiffs from recovering monetary damages of they are assigned at fault beyond a certain percentage

78
Q

national supremacy

A

(Supremacy Clause)- establishes that the federal constitution, and federal law take precedence over state laws, and state constitutions

79
Q

necessary and indispensable parties (joinder)

A

party whose presence and participation in court are necessary for a lawsuit to proceed

80
Q

negative defense

A

when a defendant denies the plaintiff’s allegations without providing and additional facts to support their denial

81
Q

negligence

A

the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances

82
Q

non-possessory interest

A

the right to use or restrict the use of another person’s real property or land, or it may occur because of a court order

83
Q

nuisance

A

condition, activity, or situation (such as loud noise or four odor) that interferes with the use or enjoyment of property

84
Q

obiter dictum

A

a judge’s incidental expression of opinion, not essential to the decision and not establishing precedent

85
Q

offer (contract law)

A

a promise of money or an item of value from a promisor in exchange for performance by a promisee

86
Q

one final judgement rule

A

the legal principle that appellate courts will only hear appeals from the “final” judgement in a case

87
Q

parol evidence rule

A

any agreement that is not contained within the written contract is not valid in court unless there is evidence of fraud, duress, or a mutual mistake

88
Q

penalty doctrine

A

rule of public policy that allows the court to intervine

89
Q

periodic tenancy

A

type of leasehold estate- involves a written lease, but with no specific end end- tenancy is on a week-to-week or month-to-month basis

90
Q

personal jurisdiction

A

the power that a court has to make a decision regarding the party being sued in a case

91
Q

personal property

A

moveable property, belongings exclusive of land and buildings

92
Q

persuasive precedent

A

legal decisions that a court can consider when making a ruling, but it is not required to follow it

93
Q

pleadings

A

a formal statement of the cause of an action or defense

94
Q

possessory interest

A

the use of real property owned by a government agency

95
Q

preponderance of the evidence

A

to prove that something is more likely than not

96
Q

prima facie case

A

a cause or defense that is sufficiently established by a party’s evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party

97
Q

privity of contract

A

a common law doctrine which provides that you cannot either enforce the benefit or be liable for any obligation under a contract to which you are not a party

98
Q

promissory estoppel

A

the doctrine that a party may recover on the basis of a promise made when the party’s reliance on that promise was reasonable, and the party attempting to recover detrimentally relied on the promise

99
Q

property tort

A

trespassing, trespass to chattels (handling items owned by another person without their permission, and conversion (taking possession of someone else’s property with the intent of not returning it

100
Q

proximate causation

A

the actions of the person who owes you a duty must be sufficiently related to that injury`

101
Q

punitive damages

A

damages exceeding simple compensation and awarded to punish the defendant

102
Q

pure comparative negligence

A

the state allows the plaintiff to claim damages for the 1% they are not at fault for, even when they are at 99% fault

103
Q

ratio decidendi

A

rationale for the decision

104
Q

real properties

A

parcel of land and structures that are permanently attached to the land

105
Q

reliance damages

A

what it would take to restore the injured party to the economic position occupied before the party acted in reasonable reliance on the promise

106
Q

remittitur

A

give a trail court the ability, with the plaintiff’s consent, to correct an inequitable damage award or verdict without having to order a new trial

107
Q

res ispa loquitor

A

part of a personal injury case- being able to show that the other party caused the injury at hand

108
Q

restitution damages

A

money damages that are awarded to an innocent party to compensate for the benefit that party gave

109
Q

service of process

A

method by which documents are delivered to other parties (Seth Rogan in Pineapple Express)

110
Q

several judgement rule

A

in action against several defendants, the court may render judgement against one or more of them, leaving the action to proceed against the others

111
Q

several liability

A

any type of liability system that courts use to allocate responsibility for damages in tort cases with multiple negligent parties

112
Q

special appearance

A

an appearance by a party in court for the sole purpose of challenging the court’s assertion of personal jurisdiction over the party

113
Q

specific performance

A

contractual rememdy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm

114
Q

standing

A

the right of a party to challenge the conduct of another party in court

115
Q

stare decisis

A

holds that courts and judges should honor precedent

116
Q

strict liability (civil law)

A

holds a defendant responsible for their actions regardless of their intent at the time of the action

117
Q

subject-matter jurisdiction

A

the authority or power that each court has over certain types of legal disagreements (disputes)

118
Q

summary judgement

A

decision made based on statements and evidence without going to trial

119
Q

tenancy at will

A

property tenure that can be terminated at any time by either the tenant or the owner/landlord

120
Q

three-judge appellate-court panel

A

literally what it sounds like- in appeal court, three judges work together, can include a senior circuit or district judge, a district judge from a district court within the particular circuit, or a visiting circuit or district judge from another circuit

121
Q

three-judge district-court panel

A

shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body

122
Q

tort

A

an act or omission that causes legally cognizable harm to persons or property

123
Q

trial court

A

any courts that hear a case first, referred to as courts of original jurisdiction

124
Q

venue

A

the location where the case is decided

125
Q

verdict

A

a decision on a case, an opinion or judgement

126
Q

common law vs civil law

A

civil law takes the form of legal codes; common law comes from case law as a result of judicial decisions

127
Q

criminal versus civil law

A

civil cases are disputes between people of organizations, criminal cases allege a violation of criminal law

128
Q

elements of a contract

A

offer, acceptance, consideration, meeting of the minds, competency and capability, legality

129
Q

elements of a negligence claim

A

duty, breach of duty, cause (in fact and proximate) and harm

130
Q

findings of fact vs conclusions of law

A

findings of fact- the decision, opinion or observation arrived by a judge or jury on the issues related to the fact- harder to overturn
Conclusions of law-a decision made by a judge regarding a question of law

131
Q

law vs equity

A

Party is not entitled to a trial by jury of in equity- only decided by a judge, both in federal and state court
Jury decides legal claims

132
Q

meanings of “civil law”

A

the law that pertains to persons, things, and relationships that develop around them- excluding criminal, commercial, labor law, and more that google wont tell me

133
Q

meanings of “common law”

A

body of unwritten laws based on legal precedents established by the courts

134
Q

organization of federal courts

A

district courts (trial courts) -> circuit courts (first level of appeal)-> SCOTUS

135
Q

organization of state courts

A

Trial courts (sometimes called circuit or district courts)-> intermediate court of appeals (sometimes)-> State Supreme court

136
Q

public vs private law

A

public laws affect society as a whole, private laws affect an individual, family, or small group

137
Q

published vs unpublished opinions

A

If it is published, the decision can be relied upon and cited by later courts as precedence

138
Q

sources of law in the common law system

A

institutionalized opinions and interpretations from judicial authorities and public juries

139
Q

stages of a civil case

A

files complaint-> serve defendant-> defendant answers-> discovery-> pretrial-> trial-> verdict and damages -> post-trial motions-> final order-> enforcement

140
Q

types of authority in common law system

A

judicial authorities and public juries

141
Q

types of breaches in a contract

A

anticipatory vs actual
minor vs material

142
Q

types of torts

A

intentional torts, negligence, strict liability torts, economic (fraud), nuisances

143
Q

types of jurisdiction

A

appellate court, original jurisdiction, diversity jurisdiction, subject-matter jurisdiction, exclusive jurisdiction, general jurisdiction

144
Q

types of judgements in a civil case

A

default judgement, judgement on the pleading, summary judgement, judgement as a matter of law, verdict, judgement not withstanding the verdict

poli sci 417 (2 decks)

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