Legal Studies Exam 1 study guide
Legal Studies Exam 1 study guide LGS 200
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This 4 page Study Guide was uploaded by Paget Kern on Thursday February 11, 2016. The Study Guide belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Mr. Brian Turner in Winter 2016. Since its upload, it has received 53 views. For similar materials see Legal Studies Honors/ Legal Environment of Business in Business at University of Alabama - Tuscaloosa.
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Date Created: 02/11/16
Legal Studies test 1 review (in class study guide) 1. Common Law a. Known as “case law” b. Using similar cases to determine law (precedent) c. Origin: 1066 William the conqueror i. Judges used precedent for consistency ii. Used “yearbooks” that recorded cases and their decisions 2. Parties on appeal a. Appellant: the plaintiff/petitioner originally (trial level) b. Appellee: the defendant/ respondent originally 3. Jurisdiction: authority of a court to hear a case a. Internet: “If you can do business there, you can be sued there” i. Example: AL sells good online to someone in CA, but something goes wrong. AL has never been to CA, but CA still gets jurisdiction b. Sufficient: Person has to have enough contact with an area for that area to have jurisdiction i. Long arm statute: another state can “grab” offender and try them under their jurisdiction ii. Example: you are in TN for an hour and cause an accident, that is sufficient enough for TN to have jurisdiction over you 4. Compensatory vs. Punitive damage a. Compensatory: money to cover expenses such as medical costs, car repairs, etc… what you can put a dollar sign on. “cost of pain and suffering” b. Punitive: costs solely to punish so that it won’t happen again 5. Pro Tanta a. A partial payment made on a claim 6. Remitter a. Someone who sends a payment or restores a situation without punishment b. Example: someone who pays their home mortgage 7. Venue a. Most appropriate place to have a trial b. An issue in cases involving more than one jurisdiction i. TN and AL resident have an issue with contract for land in FL ii. Venue will be in FL because that’s where the property is 8. Burden of proof a. The obligation to provide evidence that will convince the court or jury of the truth 9. Constitutional Law a. Law that defines the relationships within in a state, including the executive, legislature, and judiciary branches 10.Supremacy Laws a. Laws/decisions made by the supreme court are the law of the land b. All states must follow Supreme Court’s precedent rulings 11.substitive vs. procedural a. Procedural: protection of life/liberty/property, and cannot be taken away or changed without warning. Always the option of appeal b. Substitive: No overbroad laws that have no rational reasoning 12.Standing a. Must have sufficient “stake” in order to sue 13.Injunction a. Ask to block someone from doing something b. Example: restraining order 14.Diversity of Citizenship a. Federal court can has jurisdiction over residents of different states or countries if the case is over $75,000 15.Fed Questions a. Federal Courts have jurisdiction or the right to hear civil cases b. Happens when the plaintiff has violated the constitution, federal law, or a treaty 16.In Rem vs. Personam jurisdiction a. In Rem: jurisdiction over a property or thing i. Example: TN and AL residents have contract for land in FL. FL has jurisdiction ii. The property is in FL, and will be the venue for the trial b. In Personam: jurisdiction over a person i. Typically decided by geological boundaries ii. Depends were the accident happened… if it happened in AL, then trial will be there most typically 17.Interstate commerce a. Movement of persons/things across state or country boarders 18.Torts a. A wrongful act leading to legal and civil liability b. There are intentional torts (fraud, assult, etc) and unintentional torts (negligence) 19.Comparative vs. Contributory Negligence a. Comparative: reduces a company’s liability if someone’s injury was caused by their lack of care i. 50% rule: plaintiff receives a percentage if they were less than 50% at fault for accident 1. If they were 40% at fault, they receive 10% and vice-versa ii. 51% rule: plaintiff receives nothing if they were mostly (51% or higher) at fault for accident b. Contributory: If plaintiff was at fault for accident, even 1%, they receive nothing 20.Negligence a. Requires proof of 4 elements i. Duty of care/ duty of professionals ii. Breach of duty/ professional malpractice iii. Causation iv. Injury 21.Battery a. Harmful physical contact, follow through of assault b. No injury is needed to sue 22.Defamation: a. Slander: Oral b. Libel: Written i. Have to prove that the defamation caused harm (loss of job, ruined reputation, etc…) 23.Duty of Care a. Reasonable person’s standard: would a reasonable person take the same action? b. Duty to be aware and not purposefully harm or distress others 24.Professional malpractice a. Similar to breach of duty, except for professionals b. Not following professional guidelines c. Example: surgeon operates on wrong leg, did not take precaution to make sure he was operating on the correct leg 25.Fraud vs. fact pattern a. Fraud: purposeful misrepresentation of fact b. Fact pattern: in order to claim fraud, have to be sure that claim in a misrepresentation of FACT. Opinions are irrelevant i. Example: “charlye doesn’t have a PHD” vs. “Charlye is stupid”. The first one is fraud and the second is opinion 26.Good Samaritan Law a. If harmed while being aided, injured person cannot sue for negligence b. Example: nurse gives cpr to man with heart attack and breaks a few of his ribs 27.Assumption of risk a. Injured person was aware of the risks before the activity and decided to continue b. Company use this to avoid liability i. Example: sign a liability contract for sky diving ii. Example: “wet floor” sign 28.Negligence per se a. When some violates a statute that causes someone else to be injured b. It is expected standard of conduct to avoid injury c. Example: amusement park supposed to check their rides every two days, but doesn’t check for ten days, and someone is injured
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