Exam 1

Question 1

a tribunal established by govt to hear and decide matters properly brought to it

Answer 1

court

Question 2

the power of a court to hear and determine a given class of cases, the power to act over a particular defendant

Answer 2

jurisdiction

Question 3

judicial authority to hear a particular type of case

Answer 3

subject matter jurisdiction

Question 4

the authority to hear a controversy when it is first brought to court

Answer 4

original jurisdiction

Question 5

the power to hear and decide most controversies involving legal rights and duties

Answer 5

general jurisdiction

Question 6

the authority to only hear particular kinds of cases

Answer 6

limited (special) jurisdiction

Question 7

the power of a court to hear and decide a given class of cases on appeal from another court of administrative agency

Answer 7

appellate jursidiction

Question 8

taking a case to a reviewing court to determine whether the judgement of the lower court or admin agency was correct

Answer 8

appeal

Question 9

an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court

Answer 9

reversible error

Question 10

action taken by an appellate court that approves the decision of the court below

Answer 10

affirm

Question 11

the term used when the appellate court sets aside the verdict or judgement of a lower court

Answer 11

reverse

Question 12

term used when an appellate court sends a case back to trial court for additional hearings or a new trial

Answer 12

remand

Question 13

a general trial court of the federal system

Answer 13

fed district court

Question 14

the term used when the full panel of judges on the appellate court hears a case

Answer 14

en banc

Question 15

the US supreme court granting a right of review by the court of the lower court decision

Answer 15

writ of certiorari

Question 16

courts that resolve disputes between parties when those disputes do not exceed a minimal level, no lawyers are permitted, the parties represent themselves

Answer 16

small claims court

Question 17

party who initiates a lawsuit

Answer 17

plaintiff

Question 18

party who originates a criminal proceeding

Answer 18

prosecutor

Question 19

party charged with a violation of civil or criminal law in a proceeding

Answer 19

defendant

Question 20

primary officer of the court

Answer 20

judge

Question 21

right of individual to have discussions with his/her attorney kept private and confidential

Answer 21

attorney client privilege

Question 22

a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them

Answer 22

jury

Question 23

the initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant

Answer 23

complaint

Question 24

paperwork served personally on a defendant in a civil case

Answer 24

process

Question 25

what a defendant must file to admit or deny facts asserted by the plaintiff

Answer 25

answer

Question 26

a pleading that may be filed to attack the adverse partys pleading as not stating a cause of action or a defense

Answer 26

motion to dismiss

Question 27

a pleading to dismiss the adverse partys pleading for not stating a cause of action or a defense

Answer 27

demurrer

Question 28

a claim that the defendant in an action may make against the plaintiff

Answer 28

counterclaim

Question 29

the papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems the pleadings merely give notice or a general indication of the nature of the issues

Answer 29

pleadings

Question 30

procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation

Answer 30

discovery

Question 31

the testimony of a witness taken out of court before a person authorized to administer oaths

Answer 31

deposition

Question 32

using prior inconsistent evidence to challenge the credibility of a witness

Answer 32

impeach

Question 33

written questions used as a discovery tool that must be answered under oath

Answer 33

interrogatories

Question 34

discovery tool for uncovering paper evidence in a case

Answer 34

request for production of documents

Question 35

request that the court decide a case on basis of law only because there are no material issues disputed by the parties

Answer 35

motion for summary judgement

Question 36

one who has acquired special knowledge in a particular field as through particular experience or study, or both, whose opinion is admissible as an aid to the trier of fact

Answer 36

expert witness

Question 37

the preliminary exam of a juror or a witness to ascertain fitness to act as such

Answer 37

vior dire exam

Question 38

statements by opposing attorneys that tell the jury what their cases will prove

Answer 38

opening statements

Question 39

the quality of the evidence in a case that allows it to be presented to the jury

Answer 39

admissibility

Question 40

exam of a witness by his or her attorney

Answer 40

direct exam

Question 41

the exam made of a witness by the attorney for the adverse party

Answer 41

cross exam

Question 42

questioning after cross exam, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross exam

Answer 42

redirect exam

Question 43

an exam by the other sides attorney that follows the redirect exam

Answer 43

recross exam

Question 44

a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action

Answer 44

directed verdict

Question 45

the attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury

Answer 45

summation

Question 46

a courts declaration that terminates a trial and postpones it to a later date, commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct

Answer 46

mistrial

Question 47

summary of the law given to jurors by the judge before deliberation begins

Answer 47

instruction

Question 48

a judgement entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict

Answer 48

judgement nov, non obstante veredicto

Question 49

carrying out out of a judgement of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgement creditor

Answer 49

execution

Question 50

name given in some states to attachment proceedings

Answer 50

garnishment

Question 51

settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound

Answer 51

arbitration

Question 52

settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case

Answer 52

mediation

Question 53

settlement that allows a nonparty to resolve the dispute

Answer 53

reference to a third party

Question 54

a court created by a trade association or group for the resolution of disputes among its members

Answer 54

association tribunal

Question 55

a mock or dry run trial for parties to get a feel for how their cases will play to a jury

Answer 55

summary jury trial

Question 56

dispute resolution through private courts with judges paid to be referees for the cases

Answer 56

rent a judge plan

Question 57

a trial held on portions of the case or certain issues in the case

Answer 57

minitrial

Question 58

branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct

Answer 58

ethics

Question 59

balancing the goal of profits with values of individuals and society

Answer 59

business ethics

Question 60

law enacted and codified by govt authority

Answer 60

positive law

Question 61

a system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by mans rational intelligence

Answer 61

natural law

Question 62

the term used when natural law proponents violate positive law

Answer 62

civil disobedience

Question 63

standard of ethics that requires that we avoid one sided benefit for us as a result of a conduct or decision

Answer 63

kants categorical imperative

Question 64

the Locke and Rawlsian standard for ethics that requires that we all agree on certain universal principles in advance

Answer 64

theory of justice

Question 65

the agreement under Locke and Rawls as to what our ethical standards will be

Answer 65

social contract

Question 66

Nozicks theory of ethics that we all have a set of rights that must be honored and protected by govt

Answer 66

rights theory

Question 67

another name for Nozicks theory that we all have certian rights that must be honored and protected by govt

Answer 67

entitlement theory

Question 68

theory of ethics that we should all act in our own self interst, the Ayn Rand theory that separates guilt from acting in our own self interest

Answer 68

ethical egoism

Question 69

theory of ethics based on doing the most good for the most people in making decisions

Answer 69

utilitarians

Question 70

those who make decisions based on circumstances and not on a basis of any predefined standards

Answer 70

moral relativists

Question 71

those who have a stake, or interest, in the activities of a corp, these include employees, members of the community in which the corp operates, venders, customers, and any other who are affected by the actions and decisions of the corp

Answer 71

stakeholders

Question 72

when a decision maker views a problem from different perspectives and measures the impact of a decision on various groups

Answer 72

stakeholder analysis

Question 73

the adherence to ones values and principles despite the costs and consequences

Answer 73

integrity

Question 74

conduct that compromises an employees allegiance to that company

Answer 74

conflict of interest

Question 75

above all, do no harm

Answer 75

primum non nocere

Question 76

the system of govt in which a central govt is given power to administer to national concerns while individual states retain the power to administer to local concerns

Answer 76

federal system

Question 77

a body of principles that establishes the structure of a govt and the relationship of the govt to the people who are governed

Answer 77

constitution

Question 78

three part division

Answer 78

tripartate

Question 79

the branch of govt forms to make the laws

Answer 79

legislative branch, congress

Question 80

the branch of govt formed to execute the laws

Answer 80

executive branch, president

Question 81

the branch of govt form to interpret the laws

Answer 81

judicial branch, the courts

Question 82

a two house form of a legislative branch of govt

Answer 82

bicameral

Question 83

powers expressly granted the national govt by the constitution

Answer 83

delegated powers

Question 84

powers that are held by both state and national govt

Answer 84

shared powers

Question 85

the power to govern, the power to adopt laws for the protection of the public health, welfare, safety, and morals

Answer 85

police powers

Question 86

a law making criminal an act that was lawful when done or that increases the penalty when done, such laws are generally prohibited by constitutional provisions

Answer 86

ex post facto laws

Question 87

federal govts superior regulatory position over state laws on the same subject area

Answer 87

preemption

Question 88

a strict constructionist interpretation of a const

Answer 88

bedrock view

Question 89

when a constitution is interpreted according to changes in conditions

Answer 89

living document view

Question 90

that section of the US constitution allocating business regulation between federal and state govts

Answer 90

commerce clause

Question 91

a guarantee of protection against the loss of property or rights without the chance to be heard

Answer 91

due process clause

Question 92

forms of hearings in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard

Answer 92

quasi judicial proceedings

Question 93

a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state

Answer 93

privileges and immunities clause

Question 94

govt body charged with administering and implementing legislation

Answer 94

administrative agency

Question 95

law governing administrative agencies

Answer 95

administrative law

Question 96

federal law that establishes the operating rules for administrative agencies

Answer 96

administrative procedure act

Question 97

federal law permitting citizens to request documents and records from administrative agencies

Answer 97

freedom of info act

Question 98

law that requires advance notice of agency meeting and public access

Answer 98

open meeting law

Question 99

fed law requiring agencies to make public disclosure of proposed rules, passed rules, and activities

Answer 99

fed register act

Question 100

govt publication issued five days a week that lists all admin regulations, all presidential proclamations and executive order, and other documents and classes of documents that the president or congress direct to be published

Answer 100

federal register

Question 101

judicial figure who hears administrative agency actions

Answer 101

admin law judge

Question 102

negotiated disposition of a matter before an admin agency, generally without public sanctions

Answer 102

informal settlements

Question 103

informal settlements of enforcement actions brought by agencies

Answer 103

consent decrees

Question 104

another name for an administrative law jude

Answer 104

hearing officer, examiner

Question 105

in admin actions, third party who have an interest in the issues being determined by an ALJ

Answer 105

intervenors

Question 106

order issued by a court or admin agency to stop a practice that it decided is improper

Answer 106

cease and desist order

Question 107

req that an agency make its final decision before the parties can go to court

Answer 107

exhaustion of admin remedies

Question 108

violation of the law that is punished as an offense against the state or govt

Answer 108

crime

Question 109

criminal offense with a sentence of less than one year that is neither treason nor a felony

Answer 109

misdemeanor

Question 110

criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute

Answer 110

felony

Question 111

fed standards used bu judges in determining mandatory sentence terms for those convicted of fed crimes

Answer 111

fed sentencing guidelines

Question 112

fed reforms passed as a result of the collapses of companies such as Enron, provides for longer sentences and higher fines for both executives and companies

Answer 112

white collar crime penalty enhancement act of 2002

Question 113

crimes that do not use nor threaten to use force or violence or do not cause injury to person or property

Answer 113

white collar crimes

Question 114

agreement between two or more persons to commit an unlawful act

Answer 114

conspiracy

Question 115

federal law, initially targeting organized crime that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of rackettering

Answer 115

rackateer influended and corrupt organizations act RICO

Question 116

qualifying inderlying offense for RICo liability

Answer 116

predicate act

Question 117

illegal demand by a public officer acting with apparent authority

Answer 117

extortion

Question 118

extortion demands made by a nonpublic official

Answer 118

blackmail

Question 119

fed law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such as contracts for sales and services, also imposed financial reporting req of certain US corps

Answer 119

foreign corrupt practices act FCPA

Question 120

fraudulently making or altering an instrument that apparently creates or alters a legal liability of another

Answer 120

forgery

Question 121

crime of issuing or delivering a forged instrument to another person

Answer 121

uttering

Question 122

statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer

Answer 122

embezzlement

Question 123

wrongs committed using a computer or with knowledge of computers

Answer 123

computer crimes

Question 124

fed law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and info from a computer to an unauthorized person

Answer 124

economic espionage act EEA

Question 125

allows private companies to bring suit against spammers for their unauthorized use of internet service providers

Answer 125

controlling the assult of non-solicited pornography and marketing act

Question 126

privacy protection in the US Const, prohibits unauthorized searches and seizures

Answer 126

fourth amend

Question 127

judicial auth for a search of property where there is the expectation of privacy

Answer 127

search warrant

Question 128

constitutional protection against self incrimination, also guarantees due process

Answer 128

fifth amend

Question 129

warnings required to prevent self incrimination in a criminal matter

Answer 129

miranda warnings

Question 130

the constitutional right to be heard, question witnesses and present evidence

Answer 130

due process

Question 131

the US const amend that guarantees a speedy trial

Answer 131

sixth amend

Question 132

civil wrong that interferes with ones property or person

Answer 132

tort

Question 133

civil wrong that results from intentional conduct

Answer 133

intentional tort

Question 134

failure to exercise due care under the circumstances in conseqence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due care

Answer 134

negligence

Question 135

civil wrong for which there is absolute liability because of the inherent danger in the underlying activity, for example the use of explosives

Answer 135

strict liability

Question 136

intentional detention of a person without that persons consent, called the shoplifters tort when shoplifters are unlawfully detained

Answer 136

false imprisonment

Question 137

right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment

Answer 137

shopkeepers priviliege

Question 138

tort that produces mental anguish caused by conduct that exceeds all bounds of decency

Answer 138

intentional infliction of emotional distress

Question 139

tort of intentional intrusion into the private affairs of another

Answer 139

invasion of privacy

Question 140

untrue statement by one party about another to a third party

Answer 140

defamation

Question 141

defamation of character by spoken words or gestures

Answer 141

slander

Question 142

written or visual defamation without legal justification

Answer 142

libel

Question 143

complete defense against the tort of defamation, as in the speeches of members of congress on the fllor and witnesses in a trial

Answer 143

absolute privilege

Question 144

media privilege to print inaccurate info without liability for defamation, so long as a retraction is printed and there was no malice

Answer 144

qualified priviliege

Question 145

malicious making of false statements as to a sellers titel

Answer 145

slander of title

Question 146

written defamation about a product or service

Answer 146

trade libel

Question 147

false statements made about a product or business

Answer 147

product disparagement

Question 148

tort is which a third party interferes with others freedom to contract

Answer 148

contract interference

Question 149

unauthorized action with respect to person or property

Answer 149

trespass

Question 150

when services are not properly rendered in accordance with commonly accepted standards, negligence by a professional in performing his or her skill

Answer 150

malpractice

Question 151

negligence of the plaintiff that contributes to injury and at common law bars recovery from the defendant although the defendant may have been more negligent than the plaintiff

Answer 151

contributory negligence

Question 152

mark that identifies a product

Answer 152

trademark

Question 153

mark that identifies a service

Answer 153

service mark

Question 154

capable of serving the source identifying function of a mark

Answer 154

distinctiveness

Question 155

through advertising, use and association over time, an ordinary descriptive word or phrase has taken on a new source identifying meaning and functions as a mark in the eyes of the public

Answer 155

acquired distinctiveness

Question 156

a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source identifying function of a mark

Answer 156

secondary meaning

Question 157

products total image including its overall packaging look

Answer 157

trade dress

Question 158

those who register and set up domain names on the internet for resale to the famous users of the names in question

Answer 158

cybersquatters

Question 159

exclusive right given by fed statute to the creator of a literary or an artistic work to use, reproduce, and display the work

Answer 159

copyright

Question 160

showing that an invention as a whole would have been obvious to a person or ordinary skill in the art when the invention was patented

Answer 160

prior art

Question 161

any formula, device, or compilation of info that is used in ones business and is of such a nature that it provides an advantage over competitors who do not have the info

Answer 161

trade secret

Question 162

specific form of expression embodied in a chip design, including the stencils used in manufacturing semiconductor chip products

Answer 162

mask work

Question 163

product placed on a piece of semiconductor matierial in accordance with a predetermined pattern that is intended to perform electronic circuitry functions

Answer 163

semiconductor chip product

Question 164

a binding agreement based on the genuine assent of the parties, made for a lawful object, between competent parties, in the form required by law, and generally supported by consideration

Answer 164

contract

Question 165

person who makes a promise

Answer 165

promisor

Question 166

person to whom a promisor is made

Answer 166

promisee

Question 167

another name for promisor

Answer 167

obligor

Question 168

promisee who can claim the benefit of the obligations

Answer 168

obligee

Question 169

succession or chain of relationship to the same thing or right such as privity of contract, privity of estate, prvity of possession

Answer 169

privity

Question 170

relationship between a promisor and the promisee

Answer 170

privity of contract

Question 171

person qho makes an offer

Answer 171

offeror

Question 172

person to whom an offer is made

Answer 172

offeree

Question 173

written conracts or agreements whose formality signifies the parties intention to abide by the terms

Answer 173

formal contract

Question 174

contract executed by affixing a seal or making an impression on the paper or on some adhering substance such as wax attached to the document

Answer 174

contract under seal

Question 175

obligation entered into before a court to do some act, as to appear at a later date for a hearing

Answer 175

recongnizance

Question 176

simple oral or written contract

Answer 176

informal contract

Question 177

agreement of the parties manifested by their words, whether spoken or written

Answer 177

express contract

Question 178

contract expressed by conduct or implied or deduced from the facts

Answer 178

implied contract

Question 179

agreement that is binding and enforceable

Answer 179

valid contract

Question 180

agreement that is otherwise binding and enforeable but may be rejected at the option of one of the parties as the result of specific circumstance

Answer 180

voidable contract

Question 181

agreement that cannot be enforced

Answer 181

void agreement

Question 182

agreement that has been completely performed

Answer 182

executed contract

Question 183

agreement by which something remains to be done by one or both parties

Answer 183

executory contract

Question 184

agreement under which one promise is given in exchange for another

Answer 184

bilateral contract

Question 185

contract under which only one party makes a promise

Answer 185

unilateral contract

Question 186

contract to hold an offer to make a contract open for a fixed period of time

Answer 186

option contract

Question 187

right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement

Answer 187

right of first refusal

Question 188

court imposed obligation to prevent unjust enrichment in the absence of a contract

Answer 188

quasi contract

Question 189

as much as deserved, an action brought for the value of the services rendered the defendant when there was no express contract as to the purchase price

Answer 189

quantum meruit

Question 190

expression of an offerors willingness to enter into a contractual agreement

Answer 190

offer

Question 191

agreement consisting of two or more parts, each calling for corresponding performances of each part by the parties

Answer 191

divisible contract

Question 192

contract to buy all requirements of the buyer from the seller

Answer 192

requirements contract

Question 193

contract of a producer to sell its entire production or output to a given buyer

Answer 193

output contract

Question 194

offer stated to be held open for a specified time, under the UCC, with respect to merchants

Answer 194

firm offer

Question 195

proposal by an offeree to the offeror that changes the terms of, and thus rejects the originial offer

Answer 195

counteroffer

Question 196

unqualified assent to the act or proposal of another, as the acceptance of a draft, of an offer to make a contract, of goods delivered by the seller, or of a gift or deed

Answer 196

acceptance