Negligence
The greater weight of the evidence; that all negligence elements existed
Preponderance of the Evidence
a legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapter of title 11 of the United States Code
Bankruptcy
Written will of legislative body detailed Congress courts interpret ordinances
Statutory Law
The body of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society
Criminal Law
If the offeror communicates to the offeree that the
offeror no longer wishes to be bound to the offer,
then the offer is terminated
Revocation of Offer
Failure to exercise the degree of care and skill reasonably required of like professionals in similar circumstances if that the failure causes damage or injury
Malpractice
a written or printed statement made under oath
Affidavit
First 10 amendments to the Constitution restrict government actions
Bill of Rights
a serious crime, generally one punishable by death or by incarceration in a state or federal prison facility as opposed to jail; punishable by one year or more
Felony
Certain contracts must be evidenced by a writing to be enforceable.
Statue of Frauds
An injury that a reasonably prudent person should have anticipated.
Foreseeable Injury
a trial without a jury, in which the judge serves as the fact-finder
Bench Trial
This rule makes evidence obtained by the government through an illegal search or seizure inadmissible
Exclusionary Rule
a minor crime; an offense punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit is prescribed by statute in a given jurisdiction, typically one year or less; punishable by one year or less
Misdemeanor
When a party enters into a contract or modifies an existing contract solely based on physical force or threats of physical force, the contract becomes void.
Physical Duress
The limitation on the person to whom one owes the duty, often described in terms of reasonable foreseeability.
Scope of Duty
the legal authority of a court to hear and decide a certain type of case.
Jurisdiction
The Supreme Court will only hear a case if four justices agree to do so.
Rule of 4
The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties prescribed by the criminal law
Criminal Liability
A contract where one of the parties is entitled to rescind.
Voidable Contract
The thing speaks for itself. A reputable presumption that a person is negligent.
Res Ipsa Loquitur
concerned with or dealing with applications for decisions to be reversed.
Appellate
Article VI, Section II of the Constitution, which makes the Constitution, all laws of the United States, and all treaties supreme over state laws when the national government is acting within its constitutional limits.
Supremacy Clause
Facts that show that a crime has occurred "body of the crime"
Corpus Delicti
A contract in which both parties make promises.
Bilateral Contract