Key Words

Key Words - /In Personam Jurisdiction jurisdiction based...

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/In Personam/ Jurisdiction jurisdiction based upon claims against a person in contrast to jurisdiction over his property / Quasi in rem/ jurisdiction jurisdiction over property not based on claims against it /Res ipsa loquitur/ the thing speaks for itself?; permits the jury to infer both negligent conduct and causation / Respondeat superior/ let the superior (employer) respond; an employer is liable for unauthorized torts committed by an employee in the scope of his employment abnormally dangerous activity strict liability is imposed for any activity that (1) creates a foreseeable and highly significant risk of harm and (2) is not one of common usage acceptance manifestation of a willingness to enter into a contract on the terms of the offer accountability - a corporation is subject to less public accountability than public bodies act utilitarianism - each separate act must be assessed according to whether it maximizes pleasure over pain actual authority power conferred upon agent by actual consent manifested by principal to the agent actual notice knowledge actually and expressly communicated administrative law law dealing with the establishment, duties, and powers of agencies in the executive branch of government adversary system system in which opposing parties initiate and present their cases affirm uphold the lower court?s judgment agency consensual relationship authorizing one party (agent) to act on behalf of the other party (principal) subject to the principal?s control agency by estoppel imposed by law when a person (P) causes a third person (T) to believe that another person (A) has authority to act on P?s behalf agent person authorized to act on another?s behalf agent acts with apparent authority a principal is liable for torts committed by an agent in dealing with third parties while acting within the agent?s apparent authority agent assumes liability an agent may agree to become liable on a contract between the disclosed principal and the third party answer defendant?s pleading in response to the plaintiff?s complaint apparent authority power conferred upon agent by acts or conduct of principal that reasonably lead a third party to believe that agent has such power appeal determines whether the trial court committed prejudicial error appeal by right mandatory review by a higher court appellant party who appeals Appellate courts include one or two levels; the highest court?s decisions are final except in those cases reviewed by the U.S. Supreme Court appropriation unauthorized use of another person?s name or likeness for one?s own benefit arbitration nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision assault intentional infliction of apprehension of immediate bodily harm or offensive contact assumption of risk express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases
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This note was uploaded on 10/20/2010 for the course BADM 055 taught by Professor Mariamsarwary during the Spring '10 term at GWU.

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Key Words - /In Personam Jurisdiction jurisdiction based...

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