BLAW Final Exam PDF

Chapter 24 What is litigation? The Process of moving a lawsuit through the court system Who is the plaintiff & defendant? Plaintiff is the one suing, the defendant is trying to prove the lawsuit is not good. What are jury instructions? Guidelines provided by the judge to the jury explaining th...

Chapter 24 What is litigation? The Process of moving a lawsuit through the court system Who is the plaintiff & defendant? Plaintiff is the one suing, the defendant is trying to prove the lawsuit is not good. What are jury instructions? Guidelines provided by the judge to the jury explaining the laws applicable to the case. Direct v. Cross Examination Direct examination is questioning by the party who called the witness, while cross-examination is questioning by the opposing party. Bench v. Jury Trial Bench trials are decided solely by a judge, often faster and less formal; jury trials involve a group of peers, potentially offering broader perspectives. What is a counterclaim? A claim made by the defendant against the plaintiff in response to the plaintiff's claim. Know default judgment. A judgment entered by a court in favor of the plaintiff when the defendant fails to respond or appear in court. Know the difference phases of trial and what goes on in each. Pre-Trial: Filing of pleadings, discovery, and motions. Jury Selection (if applicable): Choosing impartial jurors. Opening Statements: Lawyers outline their case. Presentation of Evidence: Witness testimonies, documents, and exhibits. Closing Arguments: Lawyers summarize their cases. Jury Instructions (if applicable): Judge explains the law to the jury. Deliberation and Verdict: Jury or judge determines the outcome. Post-Trial Motions: Requests for a new trial or appeal. Chapter 25 What is an intentional tort? A wrongful act committed knowingly and intentionally that causes harm to another person. Know false imprisonment. The intentional confinement of a person without legal justification or their consent. Difference between assault and battery. Assault involves the threat or fear of harm, while battery involves actual physical contact. What is IIED and the elements for it? A tort where the defendant's extreme and outrageous conduct causes severe emotional distress to the plaintiff. Extreme and outrageous conduct. intent to cause distress or recklessness. Severe emotional distress suffered by the plaintiff. Difference between slander and libel. Slander is spoken, while libel is written or recorded. What is conversion? The wrongful possession or use of someone else's property without permission, effectively depriving the owner of its use. Difference between comparative and contributory negligence. A defense where fault is shared between the plaintiff and defendant, reducing damages based on the plaintiff's percentage of fault. What is strict liability? Legal responsibility for damages or harm regardless of intent or negligence. Know the different defenses to strict liability. Assumption of risk. Misuse of the product. Intervening cause. Proximate cause of harm and foreseeability. For proximate cause, the harm must have been a foreseeable result of the defendant's actions. What is disparagement of property? The intentional publication of false statements about someone’s property that cause financial loss. Know negligence and the elements for it. Failure to exercise reasonable care, resulting in harm to another. Duty: The defendant owed a duty of care to the plaintiff. Breach: The defendant breached that duty. Causation: The breach caused the plaintiff’s injury. Damages: The plaintiff suffered actual harm. Chapter 27 What is a material breach? A significant failure to perform under a contract that permits the non-breaching party to terminate the contract and sue for damages. Know the Perfect Tender Rule. A legal standard requiring goods delivered to exactly conform to the terms of the contract. Difference between complete and substantial performance. Complete performance meets all terms fully, while substantial performance fulfills most terms but may require compensation for minor deficiencies. What is tender of delivery? The seller’s readiness and ability to deliver goods to the buyer as specified in the contract. Difference between conforming and non-conforming goods. Conforming goods align with the contract; non-conforming goods deviate from the agreed-upon terms. What does it mean to mitigate damages? The obligation of the injured party to take reasonable steps to minimize their losses. Know the different types of monetary damages (compensatory, consequential, nominal, etc). Compensatory: Damages that compensate the injured party for actual losses. Consequential: Damages for foreseeable losses resulting indirectly from the breach. Nominal: A small amount awarded when a breach occurred, but no significant loss was proven. Punitive: Damages intended to punish the wrongdoer and deter similar conduct (less common in contract law). Know the different types of equitable remedies (recission, reformation, injunction, etc). Recission: Canceling a contract and restoring the parties to their pre-contractual positions. Reformation: Modifying a contract to reflect the true intentions of the parties. Injunction: A court order requiring a party to do or refrain from doing something. Equitable Remedies: When monetary damages are insufficient to address the harm. What is a quasi-contract and why would you ask for that to be your remedy? An obligation imposed by law to prevent unjust enrichment when no formal contract exists. To recover the value of a benefit provided to another party, ensuring fairness when no actual agreement exists. Chapter 28 What is ADR? Alternative Dispute Resolution A set of processes used to resolve disputes without going to court, such as mediation, negotiation, and arbitration. What is mediation? A process in which a neutral third party (mediator) helps disputing parties reach a mutually agreeable solution. What is negotiation? A direct discussion between parties to resolve a dispute without involving a third party. What is arbitration? A process where a neutral arbitrator hears evidence and makes a binding decision to resolve a dispute. Know the mediator’s role. Act as a neutral facilitator. Encourage open communication. Propose solutions but avoid making decisions for the parties What are the advantages and disadvantages of mediation? Cost-effective. Confidential. Preserves relationships. Flexible and less formal than litigation. Non-binding unless parties agree to a settlement. May not resolve the dispute, requiring further legal action. Requires cooperation and willingness to compromise. Know that Judges can order and/or encourage mediation prior to trial. Yes, judges can order or encourage mediation before trial to attempt resolution and reduce court burdens. What is the Federal Arbitration Act and when was it passed? A U.S. law passed in 1925 that provides the legal framework for enforcing arbitration agreements and decisions. What to look for in an arbitrator? Impartiality and neutrality. Expertise in the subject matter of the dispute. Strong decision-making and analytical skills. Chapter 29 What is an administrative agency? A governmental body created by legislation to enforce laws and regulate specific areas, such as commerce, the environment, or public safety. What is administrative law? The body of law that governs the creation, organization, and operation of administrative agencies, including their rule-making and enforcement powers. What is the APA? The Administrative Procedure Act is a federal law passed in 1946 that establishes procedures for federal agencies to propose and issue regulations and conduct hearings. What is FOIA? What is a FOIA request? The Freedom of Information Act allows individuals to request access to federal government records, with certain exceptions for classified or sensitive information. A formal application to obtain government documents or records under the Freedom of Information Act. Be able to explain enabling legislation. A law passed by Congress that creates an administrative agency and defines its authority and scope of power. What do we have administrative agencies? How do they get their power? To regulate complex areas that require specialized knowledge and continuous oversight. Through enabling legislation passed by Congress or state legislatures. What is the Privacy Act? A federal law that protects personal information held by federal agencies and gives individuals the right to access and correct their data. What is the Government in Sunshine Act? A federal law that requires certain agency meetings to be open to the public to ensure transparency in government operations. Know how AA make their rules (aka regulations). By following procedures outlined in the APA, which include: Drafting a proposed rule. Publishing it for public comment. Issuing a final rule after considering feedback. Difference between formal and informal rule-making. Formal involves public hearings; informal relies on written comments. What is an ALJ? What do they do? An Administrative Law Judge is an impartial official who conducts hearings, resolves disputes, and makes decisions in administrative cases. To ensure due process, hear evidence, and issue rulings on disputes involving administrative agencies.