Legal Studies Modules 1 and 2 Review

Negligence

A legal concept that involves the failure to act with the degree of care that a reasonable person would exercise under the same circumstances.

Duty

The legal obligation one party has to another to act in a reasonable manner.

Breach

A violation of the duty owed, assessed based on how a reasonable person would act under similar circumstances.

Causation

The relationship between a breach of duty and the harm suffered; includes cause-in-fact and proximate cause.

Comparative Negligence

A defense that reduces a plaintiff's recovery based on the percentage of fault attributed to them.

Strict Liability

A legal doctrine holding parties responsible for damages regardless of fault or intent.

Products Liability

A legal responsibility of manufacturers and sellers to ensure their products are safe for consumer use.

Express Warranty

A specific promise made by a seller regarding the quality or performance of a product.

Implied Warranty

An assumption that a product is fit for its intended purpose.

Jurisdiction

The authority of a court to hear and decide cases.

Subject Matter Jurisdiction (SMJ)

The authority of a court to hear and decide cases of a particular type.

Personal Jurisdiction (PJ)

The authority of a court over the parties involved in the litigation.

Long-Arm Statutes

Laws that extend a state's jurisdiction over entities or individuals outside its borders.

Venue

The specific geographic location where a case is tried.

Discovery

The process of gathering evidence before trial.

Interstate Commerce Clause

Gives Congress the power to regulate commerce between states and internationally.

Rational Basis

The lowest level of scrutiny used by courts to evaluate laws, requiring a legitimate government interest.

Intermediate Scrutiny

A mid-level scrutiny requiring that a law serves an important government interest and is substantially related to that interest.

Strict Scrutiny

The highest level of judicial review, applied to laws affecting fundamental rights or suspect classifications, requiring a compelling government interest.

Necessary and Proper Clause

Grants Congress the authority to enact laws needed to execute its enumerated powers.

Utilitarian Ethics

Choose actions that create the greatest good for the greatest number.

Kantian Ethics

Actions are moral if they adhere to universal rules and respect individuals.