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Primary sources of contemporary U.S. law
Legislation, case law, administrative regulations, and the U.S. Constitution.
Doctrine of precedent
A legal principle where past judicial decisions set an example for future cases, ensuring consistency in the law.
Jury selection process
A procedure involving the selection of individuals to serve as jurors in a trial, which includes vetting and questioning potential jurors.
Court system for Pablo's lawsuit
Pablo may bring a lawsuit in either Arizona or California due to the accident occurring in Arizona and Dick’s residency in California.
Advantages of arbitration
Typically faster, less formal, and can be more cost-effective than litigation.
Disadvantages of arbitration
Limited ability to appeal decisions and less transparency compared to court proceedings.
Four elements to prove defamation
A false statement, 2) publication of that statement, 3) injury caused to the plaintiff, 4) fault or negligence on part of the defendant.
Punitive damages
Monetary compensation awarded in tort cases intended to punish the defendant for egregious conduct.
Elements of negligence
Duty of care, 2) breach of that duty, 3) causation (actual and proximate), 4) damages.
Liability of the contractor
The house owner may not be correct as the contractor acted carefully and there was no negligence involved.
What is common law?
A legal system based on court precedents and judicial decisions rather than statutes.
What is statutory law?
Laws that are written and enacted by legislative bodies.
Difference between civil law and criminal law?
Civil law deals with disputes between individuals, while criminal law involves prosecution by the state for illegal actions.
What is tort law?
Legal framework for assessing claims of harm or injury caused by one party to another.
What is the purpose of discovery in legal proceedings?
To gather all relevant information from the opposing party before trial.
What is mediation?
A process in which a neutral third party helps disputing parties reach a mutually agreeable solution.
What does 'burden of proof' mean?
The obligation of a party to prove their allegations in a legal dispute.
What are compensatory damages?
Payments awarded to a plaintiff to compensate for actual losses suffered.
What is a class action lawsuit?
A legal action where a group of people with similar grievances sues as a collective.
What are statutes of limitations?
Legislative laws that set the maximum time periods for bringing a lawsuit.
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