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Sport Law

Quiz 1

QuestionAnswer
Case Law or Common Law Based on decisions of actual former legal disputes, interprets statutory law, sets the precedent
Statutory Law Laws created by legislators at the state and federal levels
Case Law Elements Judges or juries determine outcome of trial, not published unless appealed
Legal Resources State and Federal Digests, Legal Journals
Civil Law Body of law in which monetary damages are often claimed as a result of an act or failure to act by another that resluts in harm to a person or property
Complaint Formal accusation of wrong-doing brought by a plaintiff against a legal defendant in case
Summons Official notification to a defendant that he/she must respond to complaint
Discovery Part of legal process taht involves gathering information verified by oath in preparation for trial
Summary Judgement Written document produced by attorneys and brought before the court claiming that a case should be decided based on the applicable law, given that there are no remaining facts in dispute
Reversed Court disagrees with an earlier court's opinion
Remanded Case goes back to trial court for another trial (usually best for plaintiff)
Affirmed Court agrees with earlier court's decision
Foreseeability The ability to foresee or aniticipate whether a certain event will happen
Shepard's Citations Telss you whether case is still "good law" meaning has the case been overruled by a later case
Litigious Society Society that is prone to go into law disputes and legal cases over money
Trends for Litigious Society Civil Litigation and Class action Law Suits Very prevalent, usually make settlements
Tort Law Civil wrong-doing or injury tht often results in monetary damages
Types of Tort Law Suits 1. Negligence 2. Intentional Torts
Negligence An unintentional tort that results in personal injury and failure to act as a "reasonable and prudent person", no intent to injure
Respondeat Superior Legal doctrine which makes the employer and others in the chain of command liable for the wrongful act of an employee
Elements of Negligence 1. Duty (standard of care, responsibility) 2. Breach of that Duty 3. Causation (connection between act and harm) 4. Injury (physical or emotional)
Expert Witness Anyone who, through skill, training, background, education, or experience renders opinions on maters relavent to legal case
Legal Protections 1. Comparative Negligence 2. Assumption of Risk 3. Waivers 4. Foreseeability
Gross Negligence High level of negligence where a defendant has demonstrated a high degree of carelessness
Comparative Negligence Defense to negligence where some degree of fault and subsequent monetary damages are shifted away from defendant, only liable for portion of fault
Assumption of Risk Defense to negligence recognized by some jurisdictions when three elements are met: 1. risk entered into is inherent 2. plaintiff voluntarily consents to participate 3. plaintiff had knowledge of risk involved
Intentional Torts Act that is both wrongful and knowingly committed
Consumer Product Safety Commission Protects against unreasonable risks of injuries associated with consumer products
American Society for Testing and Materials Develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services
Findings Where research is tied into legislation (provides support for a policy needed)
Trial Courts Lowest level, entry court that determines facts of dispute, what rules should apply, and administers those rules
Appellate Courts If appeal is issued, these courts review the trial decision
US Federal Court System Conducts trials involving federal matters such as enforement of federal laws (military, bankruptcy, etc.)
State Court Systems Parallels the federal court system, may give state courts different names
Created by: caracanington