Legal Principles and Court Procedures in Civil and Tort Law

Broad jurisdiction

In contrast to federal courts, state courts have broad jurisdiction.

Venue

The geographic location of the court.

Legislative branch

The branch of government that has the authority to enact law.

Court system levels

The federal and most state judicial branches have at least these three levels: Trial court, intermediate appellate court, and highest appellate court.

Arbitration

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision.

Mediator

A person who assists parties in a dispute in resolving their differences out of court.

Pleading (or Complaint)

A document filed with the court to state the position of the plaintiff or defendant and ask for relief.

Summary judgment

A motion that asks the judge to rule because there are no disputed facts after pleadings are filed and discovery completed.

Civil trial steps

The three main steps of a civil trial are jury selection, opening arguments, presentation of testimony and evidence, and closing arguments.

Voir dire

The process of interviewing prospective jurors and challenging their impartiality.

Reasonable person standard

Imposes a duty to act as a reasonable person would in the same circumstances in a negligence lawsuit.

Duty to invitees

A business landowner has a duty to warn invitees of and reasonably protect them from foreseeable risks of harm or danger.

Compensatory damages

In a negligence action, a plaintiff may seek compensatory damages for loss of companionship, actual missed work days, and medical bills.

Negligence defenses

Available defenses in a negligence lawsuit include comparative fault, contributory negligence, and assumption of risk.

Superseding cause

Relieves a tort defendant of liability because the defendant could not have reasonably foreseen the event.

Comparative fault

A defense that assigns liability proportionately to each party's conduct.

Tort law

Provides a civil remedy for protected interests such as personal and physical safety, personal/business reputation, and destruction of or damage to property.

Intentional tort damages

The two primary types of damages available for an intentional tort are compensatory damages and punitive damages.

Element of intent

To meet the element of intent, a plaintiff must prove that the defendant knowingly committed the act or knew with substantial certainty that consequences would occur.

Battery elements

In the case of George and Maxwell, all elements of battery have been met because the slap was intentional and non-consensual and Maxwell was harmed.

Unreasonably dangerous product

A product is unreasonably dangerous to consumers when there is a less dangerous alternative available but not used, the manufacturer failed to warn, or the product is more dangerous than an ordinary consumer would expect.

Defective condition

A product with a defective condition is one that is not reasonably fit for its ordinary and intended use.

Design defect liability

If a product had no other reasonable alternative design, a manufacturer could not be held liable for design defect under strict liability.

Market-share liability

A liability theory used when multiple defendants cannot be proven responsible for a product defect.

Design defect

To succeed in a design defect case, a plaintiff must prove which two things? A safer alternative design existed and the failure to use it caused the harm

Tests in design defect case

Which two tests may be used by a court in a design defect case? Risk-utility analysis and consumer expectation test

Misuse defense

When a plaintiff has used a product in an unintended way, what defense may the defendant assert? Misuse or abuse of a product

Bystander negligence claim

If a bystander is injured when a consumer is using a product, may the bystander bring a negligence claim? Yes, because they are an injured party

Claims for defective product injury

If a consumer is injured by a defective product, which claims may they bring? Negligence and strict liability

Kevin's lawsuit outcome

Kevin cuts his hand with a sharp kitchen knife and sues the manufacturer. Will he win? No, because a sharp knife is not unreasonably dangerous

Myra's lawsuit options

Myra buys an electric can opener at a yard sale and it explodes. Whom can she sue? The retailer who sold it to her neighbor and the manufacturer

Laura's injury outcome

Laura removes a safety flap from her lawnmower and is injured. Will she be successful? No, because the lawnmower was not in the same condition as when purchased

Marla's lawsuit approach

Marla takes a drug from five possible manufacturers but can't identify which one. How can she proceed? Sue all five under market-share liability; recovery apportioned among them

Fernando's design lawsuit proof

Fernando's motorcycle wheel falls off due to a weak bolt. To win his defective design lawsuit, he must prove: A reasonable alternative design was available and failure to adopt it made the product unsafe

Protection for original work

For an original work of authorship, what protection should an author seek? Copyright

Patent term

Which type of intellectual property protection usually has a set term of 20 years? Patent

First international copyright agreement

The earliest international agreement providing copyright protections among signatories was the: Berne Convention

DMCA purpose

One key purpose of the DMCA is: Owners do not need to include a (c) symbol on their digital work to be protected from reproduction

Trademark protection

A business using a word, phrase, symbol, or design to identify its goods protects it with a: Trademark

Inventor's protection

To prevent others from making, selling, or using an invention, an inventor should seek what protection? Patent protection

Business ownership of trade secret

Which type of intellectual property may only be owned by a business? Trade secret

International shipment agreement

Which international agreement requires member countries to establish border procedures for searching international shipments of goods? Anti-Counterfeiting Trade Agreement

Trademark duration

A business can protect its trademark for how long? As long as it is in use (renewed)

Copyright duration

An author may expect to receive copyright protection for the life of the author plus: 70 years

Monica's patent rights

If Monica patents her cleaning formula, how long does she have exclusive rights? 20 years, but she must disclose the formula

Protection in Australia

Dakota's novels in Australia will be protected if: Both the U.S. and Australia are signatories to the Berne Convention

Violation of copyright law

Arvitz bypasses copy protection to duplicate software. Which law did he violate? The Digital Millennium Copyright Act

Best protection for family recipe

Benita wants to protect her family recipe from being revealed. Best protection? Treat it as a trade secret

Chloe's copyright infringement

Chloe scans and sells her textbook to her friends. What did she commit? Copyright infringement because it is not permissible under the first sale doctrine

Liam's libel case outcome

Liam gives Neely a poor written evaluation and she sues for libel. Will she succeed? No, because workplace evaluations made in good faith are privileged (not defamation)