Acc 241 1st test Flashcards

Terms Definitions
A plaintiff is a person against whom a lawsuit is brought.
A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
Federal cases typically originate in federal district courts.
Mediation is adversarial in nature.
Mandatory arbitration clauses in employment contracts are not enforceable.
At the commencement of a trial, only the plaintiff's attorney makes an opening statement.
A party who files an appeal is known as an appellant.
In an appeal, the parties' attorneys cannot present oral arguments.
Puffery is fraud.
There is no defense (except innocence) to a charge of conversion.
If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result.
Causation in fact can exist even if the plaintiff's injury would have occurred without the defendant's act.
The basis for applying strict liability is determining who is at fault.
Strict liability is imposed for reasons other than fault.
The use of force or intimidation is not necessary for an act of theft to be considered a robbery.
Embezzlement may be committed without physically taking property from the possession of another.
At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.
The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute
Statutory Law
Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization
drafts uniform lawso on the states
The United States has a common law system. The common law began
as a body of general rules applied in the courts throughout England
Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain
an injunction
A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can
not refuse to decide the Eagle case
Brad files a suit against Corporate Industries, Inc., in a Delaware state court. A state court system typically includes
a state supreme court, intermediate appellate courts, and trial courts
Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court denies it
Nancy will be given more time to file another response
Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court grants it
Mack will be given more time to file an ammended complaint
High Quality Products, Inc., files a suit against International Software Corporation. Jay is a witness for High Quality. Kim is a witness for International Software. High Quality may direct interrogatories to
international Software Only
Pete files a suit against Quality Goods Corporation over a contract. Before the trial begins, Pete can obtain from Quality
Access to related documetns in Quality's possession
Refer to Fact Pattern 3-2. After its review of Kelly v. Lewis, any appellate court can
affirm, reverse, or remand all or part of the lower court's decision
Adam, a bakery products salesperson, follows Blythe, a salesperson for a competitor, as she attempts to make sales to food stores. Adam solicits each of Blythe's customers. Adam is most likely liable for wrongful interference with
a business relationship
Macro, Inc., believes that Micro Corporation is using Macro's trade secrets on Micro's server, without its consent. Macro takes Micro's server from Net Service Company without Micro's consent and keeps it for two years. Macro's most likely successful defe
Lana hires Mike, an architect, to design a warehouse. Lana is dissatisfied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that
lana was not injured in any way
Marie, a driver for National Transport Company, causes a five-car accident on an interstate highway. Marie and National are liable to
only those who injuries who could have reasonable been forseen
Ira is injured when he slips and falls in Jolly Breakfast Cafe. Ira files a suit against Jolly for $50,000. If Ira is 20 percent at fault and Jolly is 80 percent, in a state that applies a pure comparative negligence doctrine, Ira would recover
Britney uses dynamite in her remote silver mine. Carl stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
Britney only
Alan, the president of Beta Investments, Inc., and Colin, Beta's accountant, are charged with a crime, after the police search Beta's offices. Under the exclusionary rule
illegally obtained evidence must be exclueded from a trial
Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is
an information
Able Tool Company makes hedge trimmers. Brad is injured while using an Able trimmer and sues the company for product liability based on negligence. To win, Brad must show that
Able di not use due care with respect to the trimmer
Cold Stuff, Inc., makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold boards to consumers, including Ed. Ed is injured while using the board. In a product liability suit based on strict liability, Ed may recover from
Cold Stuff or DFS
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