LEB 320f online final exam Save
Terms in this set (402)
2 main types of civil cases are torts and contracts
defendant must have acted intentionally or recklessly, the
3 intentional infliction of mental
defendant's conduct must be extreme and outrageous, the
distress requirements
plaintiff's emotional distress must be severe
1. start with a valid offer
,act reasonably in the people owe others this, when you interact you don't need to
circumstances behave perfectly but only reasonably
court has ruled person to be legally insane by examination from
adjudicated insane
experts, guardian is appointed
affirmative conduct Active behavior, activity; the opposite of inaction.
after a defendant's (employer's) pretext
rebuttal in a discrimination case,
the plaintiff can claim that the
defendant's reason is just a ______,
or an excuse for intentional
discrimination
After assignment of rights to the obligor
assignee, he/she has obligations
to the _____.
After the plaintiff's case has been motion for directed verdict
presented, the defendant's
attorney often makes a _________
______ ____________ _________.
Age Discrimination in prohibits discrimination based on age against anyone 40+ years
Emlpoyment old; involves disparate treatment
agent person employed to act on behalf of another
the belief that a corporations duty is to earn as much money for
, provides comprehensive protection against discrimination to
persons with disabilities, including problems of discrimination and
americans with disabilities act
access in public transportation, public accommodations, and
communications
a smaller part of a larger agreement; ex: someone selling a
ancillary covenant business agrees not to engage in the same type of business for a
little while
if the principal, by his or her own conduct, has led reasonable third
parties to believe the agent has authority, the principal may be
apparent atuhority
responsible, even if you literally told the agent no, it still looks like
they're in charge
appearance a defendant taking any formal step to defend a case
appellate courts hear appeals from judgments entered by the lower courts
common words used in a meaningless context (Apple for
arbitrary brand name
electronics)
parties select an arbitrator to reach a binding decision. (Judge
arbitration
Judy)
are advertisements considered no
by courts to be offers?
_________ are not protected by facts
copyright
, a UCC rule that states that a contract is formed if the offeree's
battle of the forms primary intent is to accept an offer even if it doesn't match the
offeror's form perfectly
because of consideration, something for nothing
_____________ _____ ____________
agreements are not contracts
Because of the procedural due adequate notice, a hearing, an impartial decision maker, and
process in the U.S., what is substantial contact between the defendant and the state where
required between the defendant the suit has been filed.
and the state where the lawsuit
has been filed?
offeror proposes an offer to the offeree that consists of the
exchange of mutual promises. a promise for a promise. ex: NY
bilateral offer
yankees (offerors) send contract to Joe (offeree) offering 8 million
for him to play for 3 years
the boss must answer for the respondeat superior
wrongs of agent based on the
doctrine of __________ _______
someone failed to exercise the same care as a reasonable person
breached in the circumstances. breach may occur when you go over the
speed limit, or fail to warn a neighbor about a bad light switch
plaintiff has the burden of proof, the duty to prove the facts in the
burden of proof
complaint
Terms in this set (402)
2 main types of civil cases are torts and contracts
defendant must have acted intentionally or recklessly, the
3 intentional infliction of mental
defendant's conduct must be extreme and outrageous, the
distress requirements
plaintiff's emotional distress must be severe
1. start with a valid offer
,act reasonably in the people owe others this, when you interact you don't need to
circumstances behave perfectly but only reasonably
court has ruled person to be legally insane by examination from
adjudicated insane
experts, guardian is appointed
affirmative conduct Active behavior, activity; the opposite of inaction.
after a defendant's (employer's) pretext
rebuttal in a discrimination case,
the plaintiff can claim that the
defendant's reason is just a ______,
or an excuse for intentional
discrimination
After assignment of rights to the obligor
assignee, he/she has obligations
to the _____.
After the plaintiff's case has been motion for directed verdict
presented, the defendant's
attorney often makes a _________
______ ____________ _________.
Age Discrimination in prohibits discrimination based on age against anyone 40+ years
Emlpoyment old; involves disparate treatment
agent person employed to act on behalf of another
the belief that a corporations duty is to earn as much money for
, provides comprehensive protection against discrimination to
persons with disabilities, including problems of discrimination and
americans with disabilities act
access in public transportation, public accommodations, and
communications
a smaller part of a larger agreement; ex: someone selling a
ancillary covenant business agrees not to engage in the same type of business for a
little while
if the principal, by his or her own conduct, has led reasonable third
parties to believe the agent has authority, the principal may be
apparent atuhority
responsible, even if you literally told the agent no, it still looks like
they're in charge
appearance a defendant taking any formal step to defend a case
appellate courts hear appeals from judgments entered by the lower courts
common words used in a meaningless context (Apple for
arbitrary brand name
electronics)
parties select an arbitrator to reach a binding decision. (Judge
arbitration
Judy)
are advertisements considered no
by courts to be offers?
_________ are not protected by facts
copyright
, a UCC rule that states that a contract is formed if the offeree's
battle of the forms primary intent is to accept an offer even if it doesn't match the
offeror's form perfectly
because of consideration, something for nothing
_____________ _____ ____________
agreements are not contracts
Because of the procedural due adequate notice, a hearing, an impartial decision maker, and
process in the U.S., what is substantial contact between the defendant and the state where
required between the defendant the suit has been filed.
and the state where the lawsuit
has been filed?
offeror proposes an offer to the offeree that consists of the
exchange of mutual promises. a promise for a promise. ex: NY
bilateral offer
yankees (offerors) send contract to Joe (offeree) offering 8 million
for him to play for 3 years
the boss must answer for the respondeat superior
wrongs of agent based on the
doctrine of __________ _______
someone failed to exercise the same care as a reasonable person
breached in the circumstances. breach may occur when you go over the
speed limit, or fail to warn a neighbor about a bad light switch
plaintiff has the burden of proof, the duty to prove the facts in the
burden of proof
complaint
