BLAW 220 Exam 1

Alternative Dispute Resolution (ADR)

Methods used to resolve legal disputes outside of court

Answer

The formal response by a defendant to a plaintiff's complaint in a lawsuit

Arbitration

A process where disputes are resolved by a neutral third party (arbitrator)

Arbitration Clause

A provision in a contract that requires disputes to be resolved through arbitration

Award

The decision or judgment issued by an arbitrator or arbitration panel

Bankruptcy Court

A specialized court that handles cases related to bankruptcy and insolvency

Complaint

The initial legal document filed by a plaintiff to start a civil lawsuit

Concurrent Jurisdiction

When multiple courts have the authority to hear a case

Counterclaim

A claim made by a defendant in response to the plaintiff's complaint

Default Judgment

A judgment awarded to the plaintiff when the defendant fails to respond or appear in court

Deposition

The process of obtaining sworn testimony from a witness or party before trial

Discovery

The process of gathering evidence and information relevant to a lawsuit

Diversity of Citizenship

When parties in a lawsuit are from different states or countries

Exclusive Jurisdiction

When only one court has the authority to hear a specific type of case

Federal Question

A legal issue based on federal law or the U.S. Constitution

Interrogatories

Written questions used in the discovery process to obtain information from parties involved in a lawsuit

Judicial Review

The power of courts to review and potentially invalidate government actions that violate the law or Constitution

Jurisdiction

The authority of a court to hear and decide a case

Litigation

The process of resolving legal disputes through the court system

Long Arm Statute

A law that allows a court to exercise jurisdiction over out-of-state defendants under certain circumstances

Mediation

A method of dispute resolution involving a neutral mediator who helps parties reach a voluntary settlement

Motion for a Directed Verdict

A request made by a party during trial, asking the judge to issue a verdict in their favor

Motion for a New Trial

A request for a new trial based on errors or irregularities in the original trial

Motion for Judgment N.O.V. (Notwithstanding the Verdict)

A motion requesting the judge to set aside a jury's verdict

Motion for Judgment on the Pleadings

A request for a judgment based solely on the pleadings, without a trial

Motion for Summary Judgment

A request for a judgment in favor of one party based on the absence of genuine disputes of material fact

Motion to Dismiss

A request to end a lawsuit because of legal deficiencies in the plaintiff's case

Negotiation

The process of reaching a settlement or agreement through discussions between parties

Pleadings

The formal written statements filed by parties in a lawsuit, including the complaint and answer

Service of Process

The delivery of legal documents to notify a party of a lawsuit

Standing to Sue

The legal right of a party to bring a lawsuit in a particular court

Summons

A legal document that notifies a defendant of a lawsuit and commands them to appear in court

Venue

The specific geographic location where a lawsuit is heard

Voir Dire

The process of jury selection in which potential jurors are questioned to determine their suitability for a trial

Writ of Certiorari

An order from a higher court to review a lower court's decision

Business Ethics

Moral principles and values applied to business decisions and conduct

Categorical Imperative

An ethical principle by Immanuel Kant that requires individuals to act based on universal principles

Corporate Social Responsibility (CSR)

A concept where businesses consider their impact on society and take voluntary actions to benefit the community and environment

Cost-Benefit Analysis

A method of evaluating decisions by comparing the costs and benefits involved

Duty-Based Ethics

Ethical theories that emphasize the importance of fulfilling one's moral obligations or duties

Ethical Reasoning

The process of making moral judgments and decisions based on ethical principles

Ethics

The study of moral principles and values governing individual and collective behavior

Moral Minimum

The minimal ethical standards that individuals or organizations are expected to meet

Outcome-Based Ethics

Ethical theories that focus on the consequences of actions as the basis for moral judgment

Outsourcing

The practice of contracting out certain business functions or services to external providers

Principle of Rights

An ethical principle that emphasizes the importance of respecting and protecting individual rights

Stakeholders

Individuals or groups who have an interest or stake in the actions and decisions of an organization

Triple Bottom Line

A concept that evaluates the performance of organizations based on economic, social, and environmental criteria

Utilitarianism

An ethical theory that suggests that actions should be chosen based on their ability to maximize overall happiness or utility

Bill of Rights

The first ten amendments to the U.S. Constitution, which protect individual rights and freedoms

Checks and Balances

The system in which each branch of government has the power to limit the actions of the other branches

Commerce Clause

A provision in the U.S. Constitution granting Congress the authority to regulate interstate commerce

Compelling Government Interest

A legal standard requiring the government to have a significant reason for restricting certain rights

Due Process Clause

A constitutional guarantee that individuals cannot be deprived of life, liberty, or property without legal procedures

Equal Protection Clause

A constitutional provision requiring equal treatment under the law

Establishment Clause

A constitutional provision prohibiting the government from establishing an official religion

Federal Form of Government

A system of government where power is divided between a central (federal) government and state governments

Filtering Software

Software used to block or filter certain content on the internet

Free Exercise Clause

A constitutional provision protecting the right to practice one's religion freely

Full Faith and Credit Clause

A constitutional provision requiring states to recognize and enforce the legal judgments of other states

Meta Tags

HTML tags used to provide information about a web page's content to search engines

Police Powers

The authority of state governments to regulate and protect the health, safety, and welfare of their citizens

Preemption

The principle that federal law takes precedence over conflicting state laws

Privileges and Immunities Clause

A constitutional provision prohibiting discrimination against out-of-state residents

Sovereignty

The supreme authority and independence of a state or government

Supremacy Clause

A constitutional provision stating that federal law is the highest law of the land

Symbolic Speech

Expressing a message or idea through non-verbal or symbolic actions

Actual Malice

Knowledge of the falsity or reckless disregard for the truth in a defamation case

Assault

Intentionally causing another person to fear imminent harm or unwanted physical contact

Assumption of Risk

Knowing and voluntarily accepting the potential dangers of an activity

Battery

Intentionally causing harmful or offensive physical contact with another person

Causation in Fact

The element of tort law requiring a direct link between the defendant's actions and the plaintiff's harm

Comparative Negligence

A legal doctrine that assigns fault and reduces damages based on the degree of negligence of each party

Compensatory Damages

Monetary awards intended to compensate the plaintiff for losses or injuries

Conversion

Wrongfully taking or using someone else's property, depriving them of their rights

Damages

Monetary compensation awarded to a plaintiff in a tort case

Defamation

Making false statements about someone that harm their reputation

Defense

Legal arguments or justifications used to counter a tort claim

Duty of Care

The legal obligation to act reasonably and avoid causing harm to others

Fraudulent Misrepresentation

Making false statements with the intent to deceive, leading to harm to another party

General Damages

Non-specific damages awarded for pain, suffering, or emotional distress

Good Samaritan Statutes

Laws that protect individuals who voluntarily provide assistance in emergency situations

Intentional Tort

A wrongful act committed with the intent to harm or cause injury

Libel

Defamation through written or printed words, pictures, or any form other than spoken words

Malpractice

Professional negligence or misconduct, often used in the context of medical malpractice

Negligence

Failing to exercise reasonable care, resulting in harm to another person

Privilege

A legal defense that allows certain statements or actions to be protected from liability

Product Liability

Legal responsibility of manufacturers and sellers for injuries caused by defective products

Proximate Cause

The legal concept establishing a direct connection between the defendant's actions and the plaintiff's harm

Punitive Damages

Monetary awards intended to punish the defendant for their wrongful conduct

Reasonable Person Standard

A legal test that assesses whether a person's actions were reasonable in a given situation

Slander

Defamation through spoken words or oral statements

Special Damages

Specific, quantifiable economic losses in a tort case

Strict Liability

Legal responsibility for harm caused by certain activities or products, regardless of fault

Tort

A civil wrong or injury resulting from a breach of duty

Trespass to Land

Wrongfully entering or remaining on another person's property

Trespass to Personal Property

Wrongfully interfering with another person's personal property

Actus Reus

The physical act or conduct that constitutes a criminal offense

Arson

The intentional act of setting fire to property

Beyond a Reasonable Doubt

The high standard of proof required in criminal trials