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Exam 1 CM473
| Term | Definition |
|---|---|
| Regulation | rule issues by an administrative agency, a body of rules governing a specific activity - limitations on what can be built, where it can be built, how it can be built, by whom it can be built |
| Statue | Law passed by the legislative branch and signed by the executive |
| UCC / Universal Commercial Code | Set of suggested laws relating to the commercial sale of goods between merchants - construction materials, land |
| Binding Precedent | Binding nature of a legal rule etablished by a higher court to a lower court |
| Jurisdiction | Court's authority to hear a particular dipute |
| Verdict | conclusion made by a jury |
| Judgement | conclusion made by a trial court resolving the litigation by specifying which party is liable and the amount of damages due |
| appellant | party who appeals a trial courts decision, seeking to overturn the decision |
| respondent | party seeking to uphold the trial courts deciosion which is beig appealed by the appellant |
| Administrative Agencies | part of the executive branch at both the federal and state level, carrying out and enforcing laws passed congress through regulations |
| Plaintiff | party the commences a lawsuit |
| defendant | party against whom a lawuit i brough |
| complaint | document used by the plaintiff to begin the lawuit; contains allegation of fact and lists legal theories under which the defendant would be liable |
| discovery | pre-trial gathering of information by the litigants |
| state courts | most common for construction - general jurisdiction |
| common law | binding judicial decisions - body of legal rules made by the courts when issuing decisions |
| Persuasive precendent | Precedent from other jurisdictions or lower courts that the deciding courts can consider but is not bound to follow |
| private law | legally enforcable obligations created by a contract between parties |
| Lien | you "own" the work that you do until you are paid |
| Federal Courts | limited jurisdiction - only certain cases will be heard |
| concurrent jurisdiction | heard in both state and federal court |
| Trial courts | where lawsuits begin, plaintiff sues the defendant, ends with a judgement |
| Litigation Process | consulting/hiring attorney, parties to litigation, pleadings, discovery, pretrial dismissal/settlement, trial, appeal, enforcement |
| summons | legal order from the court requiring the defendant to answer the complaint |
| default judgement | outcome if the defendant doesn't answer |
| deposition | oral responses to questions under oath |
| Sole Proprietorship | one-person business; not a seperate legal entity |
| general partnership | asociation of two or more persons to carry on a business for profit as co-owners; not a seperate legal entity |
| corporations | business which is a legal entity seperate from its shareholders/owners |
| partnership agreement | contract between partners that sets rules, profit/loss, management/decision making, dissolution |
| UPA / Uniform Partnership Act | Laws that are pre-decided for partnerhips |
| LLP / Limited Liability Partnership | like general partnership, but puts some limitations on the personal liability of partners |
| LLC / Limited Liability Corporation | Business organiztion with the limited liability of a corporation, yet taxed like partnership |
| Articles of organization | legal document that must be filed with the secretary of state |
| operating agreement | internal document that states the rules, structure, and operations of the LLC |
| Agency | relationship between principal and agent |
| fiduciary | one with duty to act primarily for another persons benefit |
| agent | one authorized to act for/on behalf of the principal |
| principal | one who hires agent to represent him/her |
| actual authority | agents are authorized to do what they are told they can do PLUS whatever is reasonable to believe that the principal wants done based on the express authority |
| Apparent Authority | When a third party reasonable but erroneously believes that the principal consents to acts done on its behalf by the agent |
| ADR / Alternative Dispute Resolution | set of processes such as negotiation, mediatation, and arbitration, used to resolve legal disputes outside of the traditional court system 90-95% |
| Negotiation | bargaining proces in which disputing parties interact informally, either with or without lawyers, to attempt to resolve their dispute |
| Mediation | disputing parties select neutral party to help facilitate commuication and suggest ways for the parties to solve the dispute |
| Arbitration | resolution of a dispute by a neutral third party outside the judicial setting |
| Tort | civil wrong doing or injury to another other than a breach of contract, for which the injured party may seek legal remedy. 3 types: intentional, negligence, and strict liability |
| purposes of tort law | compensate innocent injured persons, prevent private retaliation by injured parties, reinforce a just society with a civil process for remedying harm, deter future harm |
| difference between criminal and civil case | criminal: proof is beyond a reasonable doubt civil: proof is a preponderance of evidence |
| intentional tort | the intent to engage in a specific, voluntary act that ultimately causes harm, regardless of whether the person intended the harmful outcome |
| 3 intentional torts | against persons, against property, against economic interests |
| false light | creates a misleading or false impression |
| public disclosure or private facts | use anothers name, image, or likeness |
| intrusion upon seclusion | intruding into someones private life |
| defamation | intentional publication of a false statement of fact harmful - has to have: publication, false, statement of fact, harmful to reputation |
| trespass | intentionally enter, remains on someone elses land without permission, |
| private nuisance | actions unreasonably interface with another property |
| dispargement | false statement about product/ervice that results in loss of sales |
| compensatory damages | make the plaintiff whole by restoring them to the position that were in before the tort occured |
| nominal damages | recognize the defendents conduct was wrongful even if no actual harm was caused - usually by giving $1 |
| punitive damages | punish the defendant for particularly egregious or malicious conduct and to deter similar behavior in the future |
| negligence | behavior that creates an unreasonable risk of harm to others; the failure to excercise reasonable care to protect anouther person or property |
| elements to negligence | duty, breach, causation, and damages |
| neligence per se | permits plaintiff to prove negligence by offering evidence of defendants violation of statute enacted to prevent certain type of harm |
| comprehensive plan | guide made by government official that tries to anticipate changing needs in a particular area |
| zoning ordinance | means by which comprehensize plan is impletmented - regulates: land use, lot izes, structure heights and types, setback requirements, protection of natural resources |
| zoning classifications | agriculture, industrial, commercial, residential |
| general zoning permit | required for most new contructions, additions, or significant alterations to existing structures |
| CUP / Conditional Use Permit | allows for a land use that may be permitted within a zoning district, subject to specific conditions to mitigate potential impacts |
| variance | grants permission to deviate from specific zoning requirements when strict compliance would cause hardship, without undermining the zoning plans intent |
| non-comforming ue permit | recognizes the continued use of a property that was legally established under previous zoning but does not comply with current laws |
Created by:
Grace.Jensen