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KEY POINTS FROM CHAPTER 1

Define law-Laws consist of rules that regulate the conduct of
individuals, businesses, and organizations, forbidding undesirable
activities
Describe the functions of law-Definition of Law, Functions of the Law,
Fairness of the Law, Flexibility of the Law.
Civil LawA code of laws applicable to Romans. Also known as the
Romano-Germanic civil law system.
Code bookFederal statutes are organized by topic into code books.
Critical Legal Thinking The law in the U.S. is permitted to grow and
change over time as our social values change as a society. Having
some vagueness to the law, allows it to adapt more easily.

CHAPTER 2
Describe state court systems-The federal court system and the
court systems of the 50 states and the District of Columbia
are the two major court systems in the U.S. Litigation is the
process of bringing, maintaining, and defending a lawsuit
Describe the federal court system-Limited-Jurisdiction Trial
Court, General-Jurisdiction Trial Court, Intermediate
Appellate Court, Highest State Court, Contemporary
Environment.
Long-Arm Statute A court can obtain jurisdiction over persons
and businesses located in another state through the use of a
long-arm statute, provided the defendant has had some
minimum contact with the state

CHAPTER 3
Describe the pretrial litigation process-Litigation is the process of
bringing, maintaining, and defending lawsuits. Because it is often
difficult and expensive, people turn to various forms of non-judicial
dispute resolution, or alternative dispute resolution.
Class action waiverWhen a consumer waives her right to join a
common class of plaintiffs in a lawsuit against a defendant.
Closing argumentAn argument made to the jury by each partys
attorney at the conclusion of the presentation of evidence.
Electronic courtA court that either mandates or permits the
electronic filing of pleadings, briefs, and other documents related
to a lawsuit. Also called a virtual courthouse.
Mini-trialA voluntary private proceeding in which lawyers for each
side present a shortened version of their case to the
representatives of both sides

CHAPTER 5
List and describe intentional torts against persons-Tort is the French word for a wrong.
Tort law allows an injured party to bring a civil action seeking compensation for
wrongs done to the party or their property.
Intentional Torts- Assault, Battery, False Imprisonment , Shoplifting and Merchant
Protection Statutes
Duty of Care To determine whether a defendant is liable for negligence, it must first
be ascertained whether the defendant owed a duty of care to the plaintiff. Duty of
care refers to the obligation people owe each otherthat is, the duty not to cause
any unreasonable harm or risk of harm.
Breach of the Duty of Care A breach of the duty of care is the failure to exercise
care. In other words, it is the failure to act as a reasonable person would act. A
breach of this duty may consist of an action.
Injury to Plaintiff Even if the court finds that there is a duty to care, the plaintiff
must suffer an injury in order to bring suit.

CHAPTER 6
Product Liability: Negligence-To be successful in a
negligence action, the plaintiff will have to prove that
the defendants breach of a duty of due care was the
cause of his actual injuries
Liability Without Fault Strict liability does not require
that the injured person prove that the defendant
breached any duty of care.
Product Defects-The injured party must prove that the
product that caused the injury had one or more types
of defects.
Crashworthiness Doctrine Automobile manufacturers
have the duty to protect occupants from all
foreseeable dangers caused by a second collision
when they strike something inside the automobile.

CHAPTER 7
Intellectual property is a term that describes property that is developed
through an intellectual and creative process
Civil Trade Law: Misappropriation of a Trade Secret Successful plaintiffs
can recover the profits made by the defendant and damages, and can
obtain an injunction prohibiting the use or release of the secret.
U.S. Court of Appeals for the Federal Circuit Created in 1982, this is a
special federal appeals court that hears appeals from the Board of
Patent Appeals and Interferences of the U.S. Patent and Trademark
Office and federal courts concerning patent issues.
PatentA grant by the federal government upon the inventor of an
invention for the exclusive right to use, sell, or license the invention
for a limited amount of time.
Patent applicationTo obtain a patent, a patent application must be filed
with the PTO in Washington DC.

CHAPTER 8
Definition of a Crime-A crime is an act in violation of the
duties one owes to society, for which the law
provides that amends shall be made
Intent Crimes Most crimes require proof of intent. In
order to find a person guilty of a crime
Nonintent Crimes Nonintent crimes are often imposed
for reckless or grossly negligent conduct that causes
injury to another person.
Criminal Procedure- Arrest, Bail Bonds, Indictment or
Information, Arraignment, Plea Bargaining

CHAPTER 9
Definition of a Contract-A contract is an agreement that is
enforceable by a court of law or a court of equity.
Parties to a Contract The offeror makes the offer to the offeree.
The contract is created when the offeree accepts the offer.
Sources of Contract Law-Common Law of Contracts This source
of contract law developed from primarily state court decisions
became precedent.
Landmark Law: The Uniform Commercial Code (UCC)-The UCC has
been adopted, in whole or in part, by every state, and takes
precedence over common law.
The Restatement of the Law of Contracts The Restatement,
currently in its second edition, is not law, but merely serves
as guidance to the legal community

CHAPTER 10
Agreement-Agreement is created when an offerors
offer is accepted by the offeree.
Offer-There are three elements for an offer to be
effective: the offeror must have intended to be bound
by the offer, the terms must be reasonably certain,
and the offer must have been communicated to the
offeree.
Special Offers-Advertisements, Rewards, Auctions

CHAPTER 11
Consideration-Consideration is something of value given in
exchange for a promise. It may be tangible or intangible.
Requirements of Consideration Consideration requires
that something of legal value be given. This includes
situations in which the promise suffers a legal detriment
or the promisor receives a legal benefit
Gift Promise-Gratuitous promises are unenforceable
because they lack consideration. A completed gift
promise cannot be rescinded for lack of consideration.
Promises that Lack Consideration-Illegal Consideration,
Illusory Promises, Moral Obligations, Preexisting Duty,
Past Consideration

CHAPTER 12
Infancy Doctrine This doctrine gives a minor the right to disaffirm
most contracts that they have entered into with adults
Necessaries of Life Minors are obligated to pay for the
necessaries of life that they contract for, like food, clothing,
shelter, and medical services
Legality-A contract with an illegal object is void and therefore
unenforceable. These contracts are called illegal contracts.
Contracts Contrary to Statutes Contracts to perform activities
that are prohibited by statutes are illegal contracts.
Exculpatory Clauses These provisions relieve one or both parties
to a contract from tort liability, except in cases of intentional
torts or gross negligence.