mid term study fong
What is stare decisis? Why is it important?
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. The doctrine of stare decisis helps the courts to be more efficient because, if other courts have analyzed a similar case, their legal reasoning and opinions can serve as guides. Stare decisis also makes the law more stable and predictable. If the law on a subject is well settled, someone bringing a case can usually rely on the court to rule based on what the law has been in the past.
What is a cybertort, and how are tort theories being applied in cyberspace?
A tort committed via the Internet. tort theories which apply to cyberspace are those of defamation, which is complicated by the anonymity of the internet. in order to prosecute, a court order if often necessary to get an ISP to reveal the identity of the source of the comments.
What permits a court to exercise jurisdiction based on contacts over the Internet? Explain.
Generally, courts have conferred personal jurisdiction in cases where "interactive" uses of the Internet have taken place within the state. Interactive contact encompasses two-way online communication which fosters an ongoing business relationship, while "passive" contacts are those that simply make information available to interested viewers. A Web Site can be characterized as interactive if business transactions can be conducted over the Internet or if information can be exchanged with users for the purpose of soliciting business. In making an "interactive vs. passive" determination, the greater the commercial nature and level of interactivity associated with the Site, the more likely it is that the Web Site operator is "purposefully availing itself" of the forum state's jurisdiction.
What is meant by strict liability? In what circumstances is strict liability applied?
Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products. Under the doctrine of strict liability, people may be liable for the results of their acts regardless of their intentions or their exercise of reasonable care. In addition, liability does not depend on privity of contract. Thus, the injured party does not have to be the buyer, as required under contract warranty theory. In the 1960s, courts applied the doctrine of strict liability in several landmark cases involving manufactured goods, and it has since become a common method of holding manufacturers liable.
What are some of the significant differences between criminal law and civil law?
State or federal government bring criminal actions against parties that are accused of violating the law and civil actions are non-criminal acts brought against those accused of violating private rights. Examples of criminal law include murder, kidnapping, embezzlement or theft. Civil law examples include breach of contract, compensation-related cases and fraud.
What is the significance of the Commerce Clause?
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
What is jurisdiction? How does jurisdiction over a person or property differ from subject matter jurisdiction?
The authority of a court to hear and decide a specific action. Court jurisdiction over the "person" involved in a legal action; personal jurisdiction. Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases.
What is the primary function of law?
The law serves many purposes and functions in society. Four principal purposes and functions are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
What are the elements of a cause of action based on negligence?
The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted.
What is a tort?
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.