Legal Final

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Legal Final
2012-04-26 16:16:08

Legal Final
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  1. Plantiff
    One who initiates a lawsuit
  2. Symbolic speech
    Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment's guarantee of freedom of speech.
  3. Venue
    The geographical district in which an action is tried and from which the jury is selected.
  4. Categorical imperative
    A concept developed by the philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way.
  5. Fighting words (free speech)
    Speech that is likely to incite others to respond violently, and is not protected under the First Amendment.
  6. Case law
    The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.
  7. Discovery
    A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
  8. Hearsay
    An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay in generally inadmissible as evidence.
  9. Establishment clause
    The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law "respecting an establishment of religion."
  10. Uniform Commercial Code
    Created by NCCUSL and the AMerican Law Institute was first issued in 1952. All states have adopted code. Facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. It assures businesspersons that their contracts, if validly entered into, normally will be enforced.
  11. Question of Law
    In a lawsuit, an issue involving the application or interpretation of a law. therefore, the judge and not the jury, decides the issue.
  12. Pleadings
    Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings.
  13. Writ of certiorari
    a writ from a higher court asking the lower court for the record of a case.
  14. Motion for judgment NOV
    A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
  15. Due process clause
    The provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found ini most state constitutions.
  16. Utilitarianism
    An approach to ethical reasoning in which ethically correct behavior is not related to any absolute ethical or moral values but to an evaluation of the consequences of a given action on those who will be affected by it. In utilitarian reasoning, a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision.
  17. Foreign corrupt practices act
    Prohibits U.S. business persons from bribing foreign officials to secure beneficial contracts.
  18. Standing to sue
    The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury.
  19. Award
    In the context of litigation, the amount of money awarded to a plaintiff ina civil lawsuit as damages. In the context of arbitration, the arbitrators's decision.
  20. Negotiation
    Parties come together informally with or without attorneys to represent them. they air their differences and try to reach a settlement or resolution without the involvement of independent third parties.
  21. Summary jury trial
    A method of settling disputes in which a trial is held, but the jury's verdict is not binding. the verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial.
  22. Criminal law
    law that defines and governs actions that costitute crimes. Generally criminal law has to do with wrongful actions committed against society for which society demands redress.
  23. Preemption
    A doctrine under which certain federal laws preempt, or take precendence over, conflicting state or local laws.
  24. Motion for directed verdict
    In a state court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts refer to this request as a motion for judgment as a matter of law.
  25. Protected free speech
  26. Usury
    Charging an illegal rate of interest
  27. Express warranty
    A seller's or lessor's oral or written promise, ancillary to an underlying sales or lease aggreement, as to the quality, decription or performance of the goods being sold or leased.
  28. Past consideration
    something given or some act done in the past, which cannot ordinarily be consideration for a later bargain.
  29. Treaty
    an agreement formed between two or more independent nations
  30. Dumping
    the selling of goods in a forign country at a price below the price charged for the same goods in the domestic market.
  31. Unilateral contract
    a contract that results when an offer can only be accepted by the offeree's performance.
  32. Codified law
    an ordered grouping of legal principles enacted into law by a legislature or other governing body.
  33. Implied warranty of merchantability
    a warranty that goods being sold or leased are resonably fir for the ordinary purpose for which they are sold or leased, are properly packaged and labeled and are of fair quality. the warranty automatically arises in every sale or lease of goods made by a mercant who deals in goods of the kind sold or leased.
  34. Punitive damages
    money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
  35. Destination contract
    a contract in which the seller is required to ship the goods by carrier and deliver them at a particular destination. the seller assumes liability for any losses or damage to the goods until they are tendered at the destination specified in the contract.
  36. Requirements contract
    an agreement in which a buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer needs or requires.
  37. Privity of contract
    the relationship that exists between the promisor and the promisee of a contract
  38. Strict liability
    liability regardless of fault. in tort law, strict liability may be imposed on defendants in cases involving abnormally danderous activities, dangerous animals, or defective equipment.
  39. Dram shop acts
    A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or serves of alcoholic drinks contributed to the intoxication.
  40. Cure
    Under the Uniform Commercial Code, the right of a party who tenders nonconforming perfomance to correct his or her performance within the contract period.
  41. Knowledgeable user defense
    If a particular danger is or should be commonly known by particular users of a product the manufacturer need not warn these users of the danger.

    (such as electrical shock to electricians.)
  42. Product misuse
    a defense against product liability that may be raised when the plaintiff used a product in a manner not inteded by the manufacturer. if the misuse is resonable freseeable, the seller will not escape liability unless measures were taken to guard against the harm tha tcould result from the misuse.
  43. Specific performance
    an quitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property)
  44. Anticipatory repudiation
    an assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time.
  45. Subjective impossibility
  46. Preexisting duty
  47. Mitigation of damages
    A rule requiring a plaintiff to have done whatever was resonable to minimize the damages caused by the defendant.
  48. Termination by operation of law
  49. Quota
    an assigned import limit on goods.
  50. NAFTA
    North American Free Trade Agreement created a regional trading unit consisting of Canada Mexico and the US
  51. Fiduciary duty
    • The duty, imposed on fiduciary by virtue of his or her
    • position, to act primarily for another's benefit.
  52. Limited partnership
    • A partnership consisting of one or more general partners (who
    • manage the business and are liable to the full extent of their personal assets
    • for debts of the partnership) and one or more limited partners (who contribute
    • one assets and are liable only to the extent of their contribution)
  53. Preemptive rights
    • Rights held by shareholders that entitle them to purchase
    • newly issues shares of a corporation's stock equal in percentage to shares
    • presently held, before the stock is offered to any outside buyers. Preemptive
    • rights enable shareholders to maintain their proportionate ownership and boice
    • in the corporation.
  54. Dividends
    • A distribution to corporate shareholders of corporate profits
    • or income, disbursed in proportion to the number of shares held.
  55. Partnership disassociation
    • the severance of the relationship between a partner and a
    • partnership when the partner ceases to be associated with the carrying on of
    • the partnership business.
  56. General agency power
  57. Unlimited liability
  58. Suretyship
    • An express contract in which a third party to a
    • debtor-creditor relationship (the surety) promises to be primarily responsible
    • for the debtor's obligation.

    • Creditor can demand payment from the surety from
    • the moment debt is due. Creditor needs not to exhaust all legal remedies
    • against the principal debtor before holding the surety responsible for payment.
  59. Foreign Corporation
    • In a given state, a corporation that does business in the
    • state without being incorporated therein.
  60. Mechanics lien
    • A statutory lien on the real property of another, created to
    • ensure payment for work performed and materials furnished in the repair or
    • improvement of real property, such as a building.

    • If the homeowner doesn't pay the property can be
    • sold to satisfy the debt.


    • 1. Lienholder must file a written notice of lien against the
    • property involved.
    • 2. Notive of the lien must be filed within a
    • specific time period, measured from the last date on which materials or labor
    • was provided. (usually 60 to 120 days)
    • 3. If property owner fails to pay. Lienholder is
    • entitled to foreclose on the real estate on which the work or materials were
    • provided and to sell it to satisfy debt.
    • 4. Sale proceeds are used to pay the debt and the
    • cost of legal proceedings, the surplus, if any goes to the former owner.
  61. Retained earnings
    • The portionsof a corporation's profits that has not been paid
    • out as dividends to shareholders.
  62. Meta tag
    words inserted into a web site's keywords field to increase the site's appearance in search engine results.
  63. Domain name
    The series of letters and symbols used to identify site operators on the internet; internet addresses.
  64. Manufacturing agreement
  65. Pass-through entity
    • Any entity that does not have its income tazed at the level
    • of that entity; expamples are partnerships, S corporations, and limited
    • liability companies.
  66. Manager-managed LLC
    • the members designate a group of persons to manage the firm.
    • the management group may consist of only members, both memvers and nonmemvers,
    • or only nonmembers.
  67. Dilution
    with respect to trademarks a doctrine inder which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition or a likeihood of confusion. Congress created a federal cause of action for dilution in 1995 with the passage of the Federal Trademark Dilution Act.
  68. Stockholder liability
  69. Cybersquatting
    the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.
  70. Fair Use Exceptions act
  71. Chapter 11 bankruptcy
    Purpose: Reorganization

    • Who can Petition: Debtors (Voluntary) or Creditors
    • (Involuntary)

    • Who can be a Debtor: Any debtor eligible for
    • Chapter 7 relief; railroads are also eligible. Individuals have specific rules
    • and limitations.

    • Procedure Leading to Discharge: Plan is submitted;
    • if it is approved and followed, debts are discharged.

    • Advantages: Debtor continues in business.
    • Creditors can accept the plan, or it can be "crammed down" on them.
    • The plan allows for the reorganization and liquidation of debts over the plan
    • period.
  72. Homestead Exemption Act
    • A law permitting a debtor to retain the family home, either
    • in its entirety or up to a specified dollar amount, free from the claims or unsecured creditors or trustees in bankruptcy.
  73. Public Corporation
    A corporation owned by a federal, state, or municipal government--not to be confused with a publicly held corporation.
  74. Trademark
    a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affized to the goods it produces so that they may be identified on the market and their orgins made known. once a trademark is established (under the common law or through registration) the owner is entitled to its exlusive use.
  75. Tradedress
    the image and overall appearance of a product - for example the distinctive decor menu layout and style of service of a particular restaurant. Basically trade dress is subject to the same protection as trademarks.
  76. Reverse Discrimination
    Discrimination against majority groups, such as white males, that results from affirmative action programs in which preferences are given to minority members and women.
  77. Hot cargo agreement
    An agreement in which employers voluntarily agree with unions not to handle, use or deal in nonunion-produced goods of other employers; a type of secondary boycott explicityly prohibited by the Labor-Management Reporting and Disclosure Act of 1959.
  78. Sexual harassment
    in the employment context, the grating of job promotions or other benefits in return for secual favors or language or conduct that is so secually offensice that it creates a hostile working enviroment.
  79. Wildcat Strike
  80. Union Shop
    A place of employment in which all workers, once employed, must become union memvers within a specified period of time as a condition of their continued employment.
  81. Clean Water Legislation
  82. Nuisance
    a Common law doctorine under which persons may be held liable for using their property in a manner that unresonable interfferes with other's rights to use or enjoy their own property.
  83. Bait & Switch Advertising
    Advertising a product at a very attractive price and then informing the consumer once he or she is in the store that the advertised product is either not available or is of poor quality. the customer is then urged to purchase a more expensice item.
  84. I9 Form
    a form from the department of homeland security, US citizenship and immigration services, used for employment eligibility verification; a form that documents that each new employee is authorized to work in the US.
  85. Same-Sex Harassment
  86. BFOQ
    • Bona Fide Occupational Qualification
    • when discrimination against a proctected class is essential to a job.
  87. Pregnancy Discrimination
  88. Offensive Material (harassment)
  89. Family Medical Leave Act
  90. Appropriate Bargaining Unit
  91. Americans With Disabilities act
  92. Unfair Labor Practices by Mgt
  93. Title VII Civil Rights act 1964
  94. Labeling & Packaging Laws
  95. Disparate Impact
    a form of employment discrimination that results from certain employer practices or procedures that although not discriminatory on their face have a discriminatory effect.
  96. Lockout
  97. OSHA
  98. Environmental Impact Study
  99. Superfund
  100. Yellowdog Contract