True or False A State law that conflicts with the U.S constitution will be deemed unconstitutional
True
What is Case Law
The rules of law announced in court decicions. case law includes the aggregateed of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions
What is Common Law
The body of law developed from custom or judicial decicions in english and U.S courts, not attributed with legislator.
What is Precedent
A court decicion that furnishes an example or authority for deciding subsequent cases involving identical or similiar facts
What is Stare Decisis?
A common law doctrine under which judges are obligated to follow the precedents established in prior decicions.
What is a remedy
The relief given to an innocent party to enforce a right or compesate for the violation of a right
What is plantiff
one who initiates the lawsuit
What is a Defendant
One againsts whom a lawsuit is brought; the accused person in a criminal proceding
What is a deposition
The testimony of a party to a lawsuit or a witness taken under oath before a trial.
What is voir dire
Old french phrase meaning ' to speak the truth' In legal languege the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.
What is Arbitration
The Settling of a dispute by submitting it to a disinterested third party (other that a court), who renders a decicion that is (most often) legally binding
What is Arbitration Clause
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dipute to arbritation rather than letigate the dispute in court.
what is a tort?
A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.
What are Damages
Money Sought as a remedy for a breach of contract or a tortorious action
what are punitive damages?
Monetary damages that may be awarded to a platiff to punish the defendant and deter future similiar conduct.
what is tortfeasor?
one who commits the tort
What is Cyber Tort
A tort commited in cyberspace
Intentional Tort
A wrongful act knowing commited
What is defamation
Anything published or publicity spoken that causes injury to anothers good name, reputation, or character.
what is libel
defamation in writing or other form having the quality of performance
what is slander
defamation in oral form
True or false
Bona fide competitive behavior can constitute wrongful interference with a contratural relationship
its false cause Bona fide competitive behavior is permissible interference even if it results in the breaking of a contract example is i advertise so good that i cause my competitor to break up his contract with a specific costumer
True or false can a fanciful use of ordinary words may be trademarked
true
What is A Certification Mark?
A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, qualitity, or other charateritics of specific goods or services.
What is Service Mark?
A mark used in the sale or the advertising of services to distiguinsh the service or fone person from those of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks.
True or False Pricing information cannot be a trade secret
Fales Pricing information can either be secret or not
True or False: A dilution cause of action requires proof that consumers are likely to be confused by a connection between trademark and its unathorized use
False because a trademark dilution occurs when a trademark is used, without authorization, in a way, in a way that diminishes the distinctive qualitiy of the mark.
Lev is a judge. In his Court, Lev may bar a suit if it is not filed within a proper time according to
A. statute of limitations
What is Standing
is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case
What is Conversion
a civil wrong (tort) in which one converts another's
property to his/her own use, which is a fancy way of saying "steals."
Conversion includes treating another's goods as one's own,
Ann believes that burt is about to hit her. To prevent harmful contact in this situation, ann my use
C. force that is reasonably necessary
Kit carelessly bumps into luke, knocking him to the ground. Kit has commited the tort of negligence
D. only if luke is injured
Phil invents new web site design software and applies for a patent. If Phil is granted a patent, his invetnion will be protected
D. for twenty years
What is Larceny
The Wrongful taking and carrying away of another persons personal property with the intent to permanetly deprive the owner of the property . some states classify larcenty as either grand or petit, depeinding on the property value
What is Police Powers
is the capacity of the federal government and the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants.
what is substantive due process
Substantive due process (SDP for short) is an aspect of American
jurisprudence under the Due Process Clause, involving substantive
unenumerated rights. SDP is to be distinguished from procedural due
process, which involves procedural unenumerated rights.
A "motion to dismiss"
asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy. ...
What is Forgery
is the process of making, adapting, or imitating objects, statistics, or documents (see false document), with the intent to deceive
What is Embezzlement
is the process of making, adapting, or imitating objects, statistics, or documents (see false document), with the intent to deceive
What is Duress
is a possible legal defense, one of four of the most important justification defenses,[1] by which defendants argue that they should not be held liable because the actions that broke the law were only performed because of extreme unlawful pressure or forced too.
