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