Bendik Chapter 1

Comparative Negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

Criminal Burden

Beyond a reasonable doubt (When a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists)

Civil Burden

By a preponderance of evidence ( an amount of evidence that is enough to say someone is guilty )

Tort

A civil wrong that occurs when a person's actions or omission cause harm to another person or their property

Assumption of risk

a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury - they are not able to sue

Natural Law

A doctrine that the legal system should reflect universal (higher) moral and ethical principles that are inherent in human nature. The oldest school of legal thought.

Historical School

A school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be.

Legal Realism

Based on the idea that law is just one factor in considered when deciding cases and that social and economic circumstances should also be taken into account

UCC

A model law created by the National Conference Commissioners on Uniform State Laws for the states to consider enacting into statute

Stare Decisis

“to stand by decision” A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Nominal Damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

Positive Law

Legal rules enacted by people in a political community or governing body - law of the land

Defamation

a false statement is communicated to a third party, damaging the reputation of the person or entity - spoken as truth - publication requirement

Libel

WRITTEN lies spoken as truth

Slander

SPOKEN lies as trust

Per se

Don’t need to prove - you are already liable if stated to multiple people and said as fact

Content Neutral

They regulate the circumstances under which speech can take place, rather than limiting any particular type of speech

Narrowly Tailored

Legal principle that means a law or policy is written to achieve a specific goal while minimizing restrictions on other areas

Hadley v. Baxendale

Loss must be reasonably foreseeable at the tie the contract was entered. Time of Essence

Justice

The system of law that ensures people are treated fairly and impartially

Jurisprudence

Philosophy or science of law

Commerce Clause

Congress can regulate trade between nations, between states, and among Indian tribes. (authority)

Dormant Commerce Clause

Restriction on states' authority to pass laws that substantially affect interstate commerce (lack of authority)

♡ of Atlanta

Commerce Clause power allows Congress to eliminate acts of private discrimination

Granholm v Heald

Out of state wineries shipping directly to consumers is unconstitutional

Gibbons v Odgen

The power to regulate interstate commerce (by the commerce clause) encompasses the power to regulate navigation

Specific Performance

An equitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).

Functions of law

establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.