American Legal System, Product Liability, and Civil Procedure Flashcards

Vocabulary flashcards covering product liability concepts, defenses, sources of legal authority, state and federal court structures, alternative dispute resolution methods, and civil litigation processes from the lecture notes.

Failure to Warn

A legal rule stating that if a product is inherently dangerous and cannot be made safer, a proper and conspicuous warning will insulate the manufacturer and others from liability (e.g., lawnmowers, McDonald's Coffee Case).

Defect in Packaging

A product defect occurring when packaging fails to be tamperproof or clearly indicate whether it has been tampered with, commonly applicable to prescription drugs and foods.

Failure to Provide Adequate Instructions

A defect resulting from insufficient or unclear instructions required for safe assembly or operation, such as hard-to-follow tricycle assembly instructions.

Generally Known Dangers

A defense in product liability actions recognizing that certain dangers are widely known by the general public (e.g., that guns shoot bullets).

Misuse of the Product

A defense in product liability where liability depends entirely on whether the product misuse was foreseeable (e.g., standing on a chair is foreseeable, whereas standing on a glass table or bicycle is not).

Supervening Event

A product liability defense requiring that the product reached the user "without substantial change" from its original condition.

Contributory Negligence

A legal defense that acts as a total bar in a standard negligence action, but is NOT a defense in strict liability actions.

Law (Black's Law Dictionary)

A body of rules of action or conduct prescribed by controlling authority, having binding legal force, which must be obeyed and followed by citizens subject to sanctions or legal consequences.

U.S. Constitution

The supreme law of the land; a broad "living document" that created three branches of government (Executive, Judicial, Legislative) and renders conflicting laws unconstitutional.

Tenth Amendment

The constitutional amendment specifying that powers not granted to the federal government are reserved to the states.

Treaties

Agreements made by the President with the advice and consent of $\frac{2}{3}$ of the Senate that become the supreme law of the land.

Statutes

Written laws enacted by the U.S. Congress or state legislatures that establish specific courses of conduct that covered parties must adhere to.

Administrative Agencies

Bodies created by the legislative or executive branches to enforce and interpret statutes by adopting rules and regulations with the force of law, often called the "Fourth Branch of Government" (e.g., SEC, FTC).

Stare Decisis

A legal principle meaning "to stand by the decision," requiring lower courts to adhere to established precedent within their jurisdiction.

Adversarial System

A legal system characterization in which opposing attorneys zealously represent the specific interests of their respective clients.

Judiciary Act of 1789

The congressional act that organized a separate federal court system for the nation as a whole.

Standing

The requirement that a party initiating a lawsuit must have a direct stake in the outcome of the dispute.

Venue

The geographic trial court location nearest to where an incident occurred or where the parties reside.

Criminal Prosecutions

Cases brought on behalf of the state for offenses against society, accusing individuals of violating criminal statutes, punishable by fines or jail time, requiring proof beyond a reasonable doubt.

Civil Lawsuits

Legal actions where individuals or corporations seek monetary compensation, declaratory judgments, or injunctions for contract violations, personal injuries, or property damage.

Preponderance of the Evidence

The standard of proof in civil lawsuits requiring that a claim be shown to be "more likely than not" true.

District Courts

The federal trial courts created under Article III, arranged into $94$ districts where each state has at least one district court.

Diversity of Citizenship

Federal trial jurisdiction over state law civil disputes involving citizens of different states where the amount in controversy exceeds $\\text{S}75,000$.

Bankruptcy Judges

Special federal judges who are appointed for $14$\text{-year} terms rather than receiving lifetime tenure.

Appellate Jurisdiction

The authority of intermediate appellate courts to review specific errors of law allegedly committed by trial courts using three-judge panels, considering only briefs and oral arguments without retrials or juries.

Courts of Last Resort

The highest courts (Supreme Courts) in state and federal systems that hold discretionary review power and no automatic appeal of right.

Negotiation

The simplest and voluntary form of alternative dispute resolution involving offers and counteroffers between parties to reach a settlement agreement at any time.

Arbitration

An alternative dispute resolution process where an impartial third party hears and decides a dispute, usually resulting in a binding decision.

Mediation

A form of negotiation where a neutral third party acts as an intermediary to point out strengths and weaknesses and assist disputing parties in reaching a voluntary settlement without rendering an award.

Writ of Certiorari

A legal order commanding a lower court to send a case forward to the U.S. Supreme Court for discretionary appellate review.

Litigation

The formal judicial process of bringing, maintaining, and defending a civil lawsuit.

Complaint

The initial pleading paperwork filed by a plaintiff in court that names the parties, alleges ultimate facts, identifies violated laws, and contains a prayer for relief.

Summons

A formal court order directing a defendant to appear in court and answer the plaintiff's complaint.

Answer

The defendant's written response to a complaint, admitting or denying allegations and asserting affirmative defenses (must be filed within $28$ days in Ohio).

Default Judgment

A judgment entered against a defendant establishing liability when the defendant fails to file an answer to a complaint within the prescribed time limit.

Discovery Phase

A detailed pretrial procedure allowing parties to discover facts from each other and witnesses to prevent unfair surprises, preserve evidence, save court time, and promote settlements.

Deposition

Oral testimony given prior to trial by a party or witness under oath, which is recorded and subject to correction.

Interrogatories

Written questions submitted by one party to another party during discovery that must be answered in writing and signed under oath.

Motion for Judgment on the Pleadings

A pretrial motion that may be submitted by either party once pleadings are complete, asserting that the moving party wins as a matter of law if all presented facts are accepted as true.