Torts
In class, a professor refers to a student as a drug dealer when she has never sold drugs.
What is slander?
A court's power to hear a case and bind the parties to its determination
What is jurisdiction?
A man suffered grievous harm when struck by a drunk driver. What might the court order in a civil suit?
What is damages?
What is the clause that is used to relieve liability
What is an exculpatory clause?
What is a felony?
A newspaper accuses a local retail store of programming its cash registers to overcharge customers, when the store has never done so.
What is libel?
A claim based on the U.S. Constitution, a federal statute, or a federal treaty.
What is a federal question case?
How would a taxi driver breach his duty of due care?
What is a taxi driver not driving as a reasonable taxi driver would?
The person obligated to do something under a contract
What is an obligor?
A less serious crime, often punishable by less than a year in a county jail
What is a misdemeanor?
A lady shouts "think fast" at her husband and hurls a toaster at him
What is assault?
A request that the court terminate a case because the law does not offer a legal remedy for the plantiff's problem
What is a motion to dismiss?
If a Dom's Brake Shop tells a customer his brakes are now working fine, even though Dom knows thats false. The customer drives out of the shop, cannot stop at a red light, and hits a bicyclist crossing the intersection. Dom is liable to the cyclist. Why would the court find Dom liable to the cyclist?
What is factual cause?
The undoing of a contract, which puts both parties in the positions they were in when they made the agreement.
What is rescission?
In the federal court system, about 97% of all prosecutions end in a...
What is a plea bargain?
What are the four elements needed to prove to win a defamation lawsuit?
What is Defamatory statement, Falsity, Communicated, Injury?
A lawsuit in which the plantiff and defendant are citizens of different states and the amount in dispute exceeds $75,000
What is a Diversity case?
What is the standard of proof for civil claims?
What is preponderance of the evidence?
What are at least four characteristics that must be present for a contract to be enforceable?
What is offer, acceptance, consideration, legality, capacity, consent, writing
What are at least four circumstances under which police may search without a warrant?
What is plain view, emergencies, automobiles, lawful arrest, consent, stop and frisk, no expectation of privacy
A parent throws a chair at a referee during his daughter's basketball game, breaking the man's jaw.
What is battery?
Mark has sued Janelle based on the state common law of negligence. He is testifying in court, explaining how Janelle backed a rented truck out of her driveway and slammed into his Lamborghini, doing $82,000 in damages. Where would this trial take place?
What is trial court?
A corporation that produces toxic waste can foresee dire consequences from its business that a stationery store cannot.
What is strict liability?
What is the legal word for a typo in a contract called?
What is Scrivener's error?
What are the damages called when a guilty defendant must reimburse the victim for the harm suffered
What is restitution?