Common Law correct answers -Judge made or case law.
-Employs a system of precedents, known as stare decisis, to assist in deciding future cases
Stare Decisis correct answers -Supports the use of precedent
-Typically used to require equal and lower-level courts to follow the legal precedents (...
Exam 1 SPM 4723 || with Error-free Solutions.
Common Law correct answers -Judge made or case law.
-Employs a system of precedents, known as stare decisis, to assist in deciding future cases
Stare Decisis correct answers -Supports the use of precedent
-Typically used to require equal and lower-level courts to follow the legal precedents (prior
decisions) that have been established by higher level courts in their jurisdiction.
Constitutional Law correct answers -U.S. Constitution and state constitutions
-ex. First Amendment and pre-game prayer
Binding precedent correct answers -a court must follow
-Same level or higher court, same jurisdiction, factually similar case
Persuasive precedent correct answers -a court may, but is not required, to follow
-Can come from another court system (e.g., another state).
Statutory Law correct answers Statutes - enacted by state and federal legislatures
Ordinances - laws created by local (e.g., city) governments
Administrative Law correct answers -Specialized bodies created by local, state, and federal
governments
-Create and enforce their own laws,
often termed rules and regulations.
-Examples: OSHA & IRS
Civil Law vs. Criminal Law correct answers -Civil law defines the rights between individuals or
individuals and other entities.
-Criminal law defines an individual's obligations to society as a whole.
Criminal Court correct answers -hear only criminal cases
-misdemeanor or felony
-Verdict: Guilty or not guilty
Civil Court correct answers -cases between individuals, corporations organizations, and govt.
entities
-purpose is to seek compensation or to right an alleged wrong
-Verdict: Liable or Not Liable
Appellate Courts correct answers -Middle level of each court system (state or fed)
-Generally, appellate courts will consider questions of law, but not questions of fact.
Tort correct answers is a legal wrong for which one may seek compensation through the courts.
Intentional Torts correct answers -Intent to commit the act and intent to harm the Plaintiff.
-Must prove state of mind
Negligence correct answers -Occurs when someone sustains personal injury but there is no intent
to cause injury
-Most common thing to be sued for in sport industry
Elements of Negligence (4) correct answers -Duty
-Breach of Duty
-Causation
-Injury
Duty correct answers -Duty or responsibility owed by a defendant to another
Breach of Duty correct answers -Requires the plaintiff to prove that the defendant breached the
duty of care
-How would a reasonable person, with similar skills and knowledge, have reacted under similar
circumstances?
-The "Act"
Causation correct answers -Refers to the claim in a negligence case that the acts or inaction of
the defendant brought about injury to the plaintiff.
-Proximate Cause
Injury or Loss (elements of what it is and what you can be awarded) correct answers -Physical,
emotional, monetary
-Compensatory and Punitive
Assumption of Risk (definition) correct answers -Legal defense by which plaintiffs may not
recover for injuries in negligence when they have voluntarily exposed themselves to known and
appreciated dangers
Implied vs Express Assumption of Risk correct answers Expressed - participant used language to
evidence that he has assumed the risks of an activity
Implied - participant's conduct or actions show that he voluntarily assumed the risks by taking
part in the activity
Pure Comparative Negligence correct answers -Plaintiffs recover no matter how negligent they
are
-Example: If plaintiff is 90% at fault, the plaintiff still recovers 10% of $ for damages
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