relates to the liability one person has for another persons actions
failure to exercise a reasonable degree of care for the protection of others
both can be held responsible for the harm done
a wrongful act resorting in injury someone, property, or reputation
(law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
breach of contract
failure to perform a legal duty
the person guilty of committing a tort.
Legal rule which creates or defines rights and duties.
piece of personal property
complaint, answer, counterclaim, crossclaim
4 examples of pleadings
even if everything you say is true, I'm not liable because
interrogatories, requests for production, requests for admission, independent medical exams, depositions
5 methods of discovery
caption, introductory statement, body, prayer for relief, signature block and date
5 parts of a complaint
motion for a directed verdict
D argues that P failed to prove prima facia case
motion for judgment notwithstanding verdict
argues that verdict isn't supported by evidence, judge substitutes his own verdict
writ of execution
seize judgment debtor's property and sell to satisfy judgment
motion in limine
restricts or prevents jury from hearing certain evidence
by the court, no one justice authored opinion
commission of a prohibited act
wrongful mental state or intent
group of citizens called to decide whether probable cause exists to believe suspect should stand trial
evidence obtained illegally or in violation of constitutional rights is inadmissible
written order based on probable cause and issued by a judge to search property for evidence
reasonable grounds to believe crime has been committed and defendant committed the crime
4 elements of a valid contract
mutual agreement, consideration, capacity, legality of the subject matter
3 functions of a summons
informs D that an answer is required, informs D how long they have to answer, informs D that failing to answer may result in a default judgment
3 R's of evidence
real, reliable, relevant
a person who works under the supervision of an attorney, preforms substantive legal work and has a legal education or experience
American bar association
voluntary national association of attorneys, they promote interests of members,lobby legislation, draft model rules and legislations. First group to promote the use of paralegals!
Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
Allows judges to make law. The judge decides based on a appeal.
consists of all laws that define , describe, regulate, and create legal rights and obligations
Laws that deal with procedures of the law. How we enforce our rights in court.
passed by legislative bodies
A governmental body responsible for the control & supervision of a particular activity or area of public interest.
Judges rely on previous cases to decide on current case.
Let the decision stand; decisions are based on precedents from previous cases
A fix or solution to the problem