20430476
Description
Flashcards by Shacondala Heffner, updated more than 1 year ago
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Created by Shacondala Heffner
over 4 years ago
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| Question | Answer |
| verdict against the evidence | which either contradicts the evidence presented in the case or isn't adequately supported by such evidence |
| verdict contrary to law | which contradicts one or more points of the instructions given by the trial judge |
| court system | state may have one or more appellate courts at an intermediate level, known as superior courts. In most states, the highest court-whose decisions are final, unless there's a federal question-is known as the supreme court, or less formally, as the high court. In certain states, the highest court is called the court of appeals or superior court. Within the federal court system, the intermediate appellate court is known as the Court of Appeals of the United States. The U.S. Court of Appeals is divided among 11 geographical regions or circuits, referred to by number. The court in each circuit is known as the United States Court of Appeals for that particular circuit. In addition to the 11 numbered circuit courts, the U.S. Court of Appeals includes |
| court system cont. | • The U.S. Court of Appeals for the District of Columbia, or D. C. Circuit, which handles cases arising in Washington, D.C. • The U.S. Court of Appeals for the Federal Circuit, which hears appeals on patent and copyright law, customs cases, and some lower court appeals • The Court of Appeals for the Armed Forces, which hears appeals of court-martial verdicts The highest court in the federal court system is the United States Supreme Court, which has both original and appellate jurisdiction. This means it can hear new trials as well as appeals from trials decided in other courts. To be heard in appellate court, the attorney for the appellant must complete all the appropriate steps required by state or federal statute. This process is known as perfecting the appeal. |
| initiating an appeal | to initiate an appeal, the attorney for the appellant must notify the appellee by filing a pleading known as a notice of appeal. Counsel for the appellee may file a pleading known as a cross-appeal, setting forth a cause of action rising from the same judgment being appealed by the appellant. After notice of appeal has been filed, attorneys for both sides must file a document known as a brief. |
| A Brief Explanation | The term brief has several legal meanings, depending on the context in which it's used. In an appeal, the term refers to a document summarizing legal points supported by various legal authorities. A written summary of the legal points set forth in a published opinion is also known as a brief. Finally, an attorney preparing for a trial may wish to list the arguments, legal points, and questions to be covered in a document known as a trial brief. In support of their case, attorneys may occasionally file a brief written by a legal expert who isn't involved in the appeal. The person writing the brief is commonly referred to as an amicus curiae, a Latin term meaning "friend of the court." |
| initiating an appeal cont.... | After deciding to hear an appeal, some state appellate courts issue a writ of certiorari, an order to the lower court to certify and deliver the entire record of the case to the higher court for review. This includes all pleadings, transcripts, and judgments. When prepared for and sent to a higher court, this record is known as a transcript of the record or a record on appeal. Many states have discontinued the practice, but the U.S. Supreme Court still issues a writ of certiorari when it decides to hear an appeal. When the court refuses an appeal, it denies issuing the writ of certiorari by writing the abbreviation cert. den. (for certiorari denied) on the court record. An appellate court that agrees with the lower court ruling is said to affirm the decision. An appellate court that disagrees with a lower court decision may invalidate the ruling. In such cases, the court is said to reverse, set aside, or vacate the lower court's judgment. The appeals court may also remand the case-that is, send it back to the lower court for further proceedings. |
| initiating an appeal cont.... | The new trial in the lower court is known as a trial de nova, and is tried again as though no prior decision had been made. |
| Precedent | is the decisions of courts in previous cases, which other courts must rely upon when making decisions involving similar facts. |
| An interview of prospective jurors is known as? | voir dire examination |
| 2. Attorneys for both sides typically begin presenting their cases in court by offering an outline of the charges and the evidence, known as a(n) __ ? | opening statement |
| List the four possible types of witness examination. | Direct examination, cross-examination, redirect examination, and re-cross-examination. |
| True or False? Before the attorney for one party rests the case, the attorney for the other party has the option to offer a rebuttal. | false |
| he party making an appeal is known as the? | appellant |
| TORT LAW | Some wrongful actions, though perhaps not strictly criminal, may nevertheless inflict injury or loss on other people. In order to provide monetary relief to those who suffer losses from other people's actions, a special branch of law has been developed and refined. a term that comes from the French word "tort," meaning wrong. |
| Basic Principles of Tort Law | Whereas a crime is considered to be a wrong against society as a whole, a tort is a wrong against an individual. A tort action is a civil action initiated by one party seeking financial compensation for losses or injuries caused by another party. The party accused of committing a tort is known as the tortfeasor. The act, or actual deed, causing injury or loss is known as a tortious act. Two or more people joining in a tortious act are referred to as joint tortfeasors. |
| Basic Principles of Tort Law Cont.... | Certain wrongs-such as assault and battery, defined as a threat of harmful force carried out by physical contact-may be considered both a tort and a crime. In such cases, the state or federal government can initiate a criminal action, with the intent of punishing the defendant. The party who sustained loss or injury, or the party's survivors, can initiate a separate tort action against the defendant for the same act. Just as there are many different acts that may legally be considered crimes, federal and state regulations define a wide variety of torts. Torts can be broken down into general categories, each of which includes specific torts characterized by their own particular details. All tort actions, however, are based on the following four points: |
| Basic Principles of Tort Law Cont.... | • Existence of a duty, defined in legal terms as an obligation imposed on the defendant by contract, court order, relationship, or common or statutory law • Fault, defined as neglect or violation of a duty • Liability, defined as a causal connection between the plaintiff's injury and the defendant's fault (In most states people can't be held liable for refusing to help someone in distress). • Damage, the loss or harm resulting from the injury By contrast, people who handle a dangerous commodity such as a gun, a bomb, or a wild animal-legally referred to as a dangerous instrumentality-are always liable for injuries to others caused by the dangerous item. In such cases, the plaintiff doesn't need to demonstrate fault. Liability regardless of fault is commonly defined as absolute liability or strict liability. |
| liability | the quality or state of being liable Liability may be shared by more than one party. For example, an employer may be considered liable for a tortious act committed by an employee or other representative. Liability for the act of another party in such cases is known as vicarious liability. Liability may also be shared jointly or severally by joint tortfeasors. Joint liability requires all joint tortfeasors to be named as defendants in a single tort action. Jointly liable tortfeasors must each pay a share, known as a contribution, of any damages awarded to the plaintiff. |
| Several liability | Most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law. Enables the plaintiff to sue each of the joint tortfeasors in a separate action, in which case each tortfeasor must pay the entire portion of damages awarded in the particular action brought against him or her. |
| immunity/privilege | Legal exemption from liability |
| The doctrine of charitable immunity | under which most charitable institutions were exempted from liability, has been abolished in most states |
| The doctrine of sovereign immunity | under which a government agency is considered immune unless it agrees to be held liable, has been abolished or diminished in most states. With few exceptions, an act of Congress known as the Federal Tort Claims Act, has likewise abolished sovereign immunity at the federal level. |
| intentional or willful torts | State and federal statutes define tortious acts that are committed deliberately as intentional or willful torts. In legal usage, the term intent refers to having a definite purpose in performing or refraining from a certain act. An intentional or willful injury is an injury caused by a person who knows the act will result in injury to another person. |
| willful and wanton act | is an act understood as likely to cause injury and committed without concern for the consequences, particularly those which may endanger the lives or safety of others. Reckless driving and drunken driving stand out as examples of willful and wanton acts. In legal usage, the term reckless refers to a lack of concern similar to that implied by the term wanton. |
| malice (intentional tort) | intent to commit an unlawful act or cause harm without legal justification or excuse In legal usage, the term malice refers to a state of mind in which a person deliberately sets out to injure another person without cause and without regard to the legal rights of the injured party. An act deliberately intended to cause damage, loss, or pain and suffering of a person is therefore referred to as a malicious injury, or sometimes as a willful and malicious injury. |
| assault (intentional tort) | is an action clearly and intentionally indicating a threat of physical harm. Verbal threats alone aren't classified under the law as assault |
| Battery (intentional tort) | Is legally defined as unjustified and intentional physical contact with another person without consent-that is, without agreement or permission. Aiming a weapon at someone, for example, may be considered an assault, while actually using the weapon to injure a person is considered battery. |
| false arrest/false imprisonment (intentional tort) | defined as deliberate confinement without legal justification. The injured party need not be physically restrained. Indications that physical force may be used to prevent the injured party from leaving is sufficient to constitute confinement |
| fraud/deceit (intentional tort) | the intentional tort of fraud involves the use of misrepresentation to induce another party to part with money or other valued property. The term misrepresentation here refers to a deliberately false or deceptive act or statement of material fact-an important fact without which an agreement would not have been made |
| Defamation (intentional tort) | the act of communicating false statements about a person that injure the reputation of that person : the act of defaming another The willful use of false statements to damage another person's character or reputation, or to adversely affect a person's means of earning a living. Examples of this tort may be divided into two categories: Libel is a type of defamation communicated through some sort of visual medium, such as writing, drawing, photography, television, or film. Slander is defamation communicated through the spoken word. |
| Invasion of Privacy (intentional tort) | The right of privacy is legally defined as the right to be left alone. The right of privacy protects a person's private matters from unreasonable public interference. Violation of the right of privacy is referred to as an invasion of privacy, which may include such activities as: • Public circulation of a person's letters, diary, or other writings not intended for public communication • Unauthorized use of a person's photograph for advertising purposes • Listening in on or recording a person's private conversations • Unauthorized publication of personal information, such as financial or medical records |
| Malicious Prosecution (intentional tort) | The tort of malicious prosecution arises when one party brings a civil suit against another party with malice and without probable cause-that is, without reasonable grounds for believing the allegations were true. Probable cause exists if something is more probable than not. In order to bring suit against the plaintiff or the plaintiffs counsel, the defendant in the original suit must have been acquitted. The party bringing suit for malicious prosecution must also prove that charges had been brought maliciously and without probable cause. |
| Trespass (intentional tort) | Willful, unauthorized intrusion on real property-land or buildings and fixtures attached to the land (such as driveways, basketball courts, swimming pools, and the like)-that belongs to another party is known as trespass. The owner of the real property may bring an action for trespass regardless of whether any loss or damage has resulted from the trespass. Fixtures are also sometimes called improvements. |
| Conversion (intentional tort) | Unauthorized use or profit from someone else's real or private property is known as conversion. Examples of conversion include: • Theft of property • Failure to return borrowed property • Unauthorized sale of another party's property |
| Nuisance (intentional tort) | Causing annoyance, inconvenience, or discomfort to another party through the use of your own property is called the tort of nuisance. Examples of nuisance include frequent or continuous loud noises, creating offensive odors, or causing unreasonable emissions of smoke. A nuisance that annoys or disturbs a wide range of people is called a public nuisance, whereas a disturbance affecting only one person or household is known as a private nuisance. |
| Willful Neglect (intentional tort) | A deliberate and intentional failure to fulfill a legal duty towards another person is known as willful neglect. Most forms of child abuse are primary examples of willful neglect. However, willful neglect may also include failure to provide for a spouse as required by law, or failure of a public official to perform a duty required by his or her public office. |
| Wrongful Death (intentional tort) | As you may recall, a wrongful act is an unlawful act or failure to act that results in damage to another person. In a civil action, a death that results from a wrongful act is referred to as a wrongful death. State statutes known as wrongful death statutes allow a personal representative of the deceased party to bring a civil suit against the party accused of wrongful death, regardless of whether the defendant was tried or acquitted on criminal charges for the same act. A civil suit arising from wrongful death is known as a wrongful death action. |
| omission (unintentional tort) | unintentional torts typically involve some sort of failure to act in accordance with the law something neglected or left undone |
| negligence (unintentional tort) | which is typically defined as a failure to act that results in injury to another person failure to exercise the care that a reasonably prudent person would exercise in like circumstances The standard for determining negligence is known as the reasonable person test. The test essentially consists of asking what a person of ordinary intelligence and judgment-referred to as a reasonable person or a prudent person:-would do in a specific set of circumstances. |
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