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Legal Envmt Today

Ch 1-5 and 12

QuestionAnswer
Alternative Dispute Resolution The resolution of dispute in ways other than those involved in the traditional judicial Process. (Negotiation, Mediation, Arbitration)
Assumption of the Risk A doctrine under which a plaintiff msy not recover for injuries or damage suffered from risks he or she knew of and voluntarily assumed.
Common Law The body of law developed from custom or judicial decisions in ENglish and US courts not attributable to a Legislature.
Cost Benefit Analysis A decision making technique that involves weighing the costs of a given action against the benefits of that action.
Diversity of Citizenship When opposing parties in a lawsuit are citizens of different states or a citizen of a foreign country, which places the case under federal court jurisdiction, pursuant to Article 3, section 2. Amount must exceed $75000
Due Process Clause The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.'
Duty of Care Duty of all persons, established by the tort law, to exercise a reasonable amount of care in their dealings with others.
Equal Protection Clause The constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and pursuit of happiness.
Equitable Principles and Maxims General Propositions or principles of law that have to do with fairness.
Jurisdiction The authority of a court to hear and decide a specific case.
Justiciable Controversy A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court hears a case.
Legal Positivism A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed even if they are unjust to prevent anarchy.
Long Arm Statute If you do certain things, a court has personal jurisdiction over you, even if you don't live on the state.
Market Share Liability Liability shared among all firms that manufactured and distributed a particular product during a certain period of time in proportion to the firm's respective shares in the market. Only when true source of the harmful product is identifiable.
Moral Minimum The minimum degree of ethical behavior expected of a business firm; usually compliance with the law.
Natural Law The belief that government and the legal systems should reflect universal moral and ethical principles that are inherent in human nature. The oldest and one of the most significant schools of legal thought.
Negligence The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Negligence per se An action or failure to act in violation of a statutory requirement.
Police Powers Powers possessed by the states as part of their inherent sovereignty to promote public order, health, welfare, and safety.
Pre-Emption A doctrine under which certain federal laws take precedence over conflicting state or local laws.
Procedural Law Law that establishes the methods of enforcing the rights established by the substantive law.
Proximate Cause Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Reasonable Person Standard Standard against which negligence is measured and that must be observed to avoid liability for negligence.
Res Ipsa Loquitur A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. "The fact speak for themselves".
Stare Decisis A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
Statute of Limitations A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.
Statute of Repose a statute that cuts off certain legal rights if they are not acted on by a certain deadline; the deadlines imposed are enforced much more strictly.
Strict Liability Liability regardless of fault. May be imposed in cases involving abnormally dangerous activities, animals or defective products.
Supremacy Clause Clause in Article VI of the Constitution that provides that the Constitution, laws and treaties of the United States are the supreme laws of the land.
Utilitarianism An approach of ethical reasoning that aims to create the greatest good for the greatest number of people.
Created by: 1229024634