Exam 1 Flashcards
(76 cards)
1
Q
American law is based greatly on
A
English common law
2
Q
With English common law came
A
Courts of law and courts of equity
3
Q
What kind of relief did the courts of law provide
A
Monetary relief
4
Q
What kind of relief did the courts of equity provide
A
Non-monetary relief (based on notions of justice and fair dealing)
5
Q
What are “laches”
A
Todays version of statute of limitations
6
Q
What is “stare decisis”
A
The idea that judges must rule according to the judges before them
7
Q
What at the three aspects of “stare decisis”
A
- Courts are obliged to follow within their jurisdictions
- Courts would not overturn its own precedents
- Decisions made by a higher court one binding on lower courts
8
Q
Courts can depart from “stare decisis” if…
A
- the precedent is incorrect
- Technological or social changes have rendered the precedent inapplicable
9
Q
Before the revolutionary war states wanted a government with…
A
A weak national government
10
Q
What was the first governing doctrine of the US?
A
The articles of confederation
11
Q
When did e the confederation establish a new form of federal government
A
1787 at the constitutional convention
12
Q
How much power did the new government have?
A
The federal government hadlimited, enumerated powers delegated by the states.
13
Q
Which amendment gives the states inherent sovereignty?
A
10th amendment
14
Q
As a result of the 10th amendment states have what kind of powers
A
Police powers (the ability to regulate certain affairs within their borders)
15
Q
What does the priveledges and immunity clause do?
A
Prevents states from imposing unreasonable burdens on noncitizens, particularly with regard to basic and essential activities such as legal protection, access to courts, travel rights, and property rights.
16
Q
What is the separation of powers
A
The three branches of government
17
Q
What are the three branches of government
A
- Legislative branch
- Executive branch
- Judicial branch
18
Q
What does the legislative branch do?
A
Create law
19
Q
What does the executive branch do?
A
Enforces law.
20
Q
Whet does the judicial branch do?
A
Interprets law
21
Q
Which branch is most powerful?
A
The executive branch
22
Q
What’s the point of having three branches
A
To limit the power of all branches
23
Q
What must be met to have jurisdiction
A
Jurisdiction over the: issue and the person or company
24
Q
General jurisdiction courts overhear … kinds of cases
A
Any
25
Limited jurisdiction courts can oversee...
Only certain types of cases.
26
Courts of original jurisdiction are those inwhich
The case is decided and heard for the first time --where cases originate.
27
Courts of appellate jurisdiction ware the power to...
Review a prior decision in the same case made by another court
28
To have standing to sue, a party must have…
A legally protected and tangible interest at state in the litigation
29
Standing has 3 elements:
Harm, causation, and redressability
30
Which of the following is not one of the four main schools of jurisprudential thought?
1) natural law view
2) common law view
3) historical view
4) legal realism view
Common law view
31
Medicrite Inc. makes and sells goods that are substandard. Naomi, who has never bought or used a Medicrite Inc. product, alleging hat its products are detective. The companies best grounds for dismissal of the suit is that Naomi does not have...
Standing to sue
32
Whatever powers not specifically assigned to the federal governmentby the US constitution ave reserved to...
The state governments or people
33
The sources of law in the American legal system include what?
State administrative regulations, executive orders, ordinances
34
A clause in a contract between timber corporation, a as firm, und wang Ltd, a Japanese firm, specifies that disputes over the contract will be adjudicated in the US. This is an example of...
A forum selection clause
35
The FTC is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The jackson county board and the peach city council enacts ordinances. Administrative law includes:
The rules, orders, and decisions of the FTC.
36
The ___ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.
Restatements of law
37
Jan and Kyle sign a contract that provides that if a dispute arises, they will submit to arbitration. A dsipute arrises but before it goes to arbitration, Jan files a suit against Kyle. The court will likely...
compel arbitration
38
A decision by the EPA on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation...
The EPA's decision takes precedence
39
Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through Kentucky. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has,
personal jurisdiction
(in personam jurisdiction)
40
Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying during discovery:
All documents in Flying's possession relating to the contract
41
The U.S. Supreme Court interprets the Commerce Clause of the U.S. Constitution:
as giving virtually complete power to Congress to regulate the economy
42
in Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sale of a car. now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to:
allow the minor to cancel the contract
43
Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel's orchards, Mabel denies loren's charge and claims that loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel's claim is:
a counterclaim
44
Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legistlaure enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This may violate...
The Privileges and Immunities Clause
45
A federal state regulates an employment practice. To resolve a despite concerning the practice, Paula, a judge, will most likely apply:
the statute
46
Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court if...
the amount in controversy is over $75,000
47
Java Cafes Inc, and Kaffe Import Corporation dispute a term in their contract. if Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because:
the process is not adversarial
48
As a judge, Nina decides cases that involve principles of various sources of law. Common law is:
case law
49
If a provision in the Florida state constitution conflicts with a provision in the U.S. constitution:
The U.S. constitution takes precedence
50
The requirement that no person be deprived of "life, liberty or property without due process of law" is found in:
the Fifth and Fourteenth amendments
51
The U.S. Congress enacts a new federal stature that sets different standards for the liability of businesses selling defective products. This statute applies to...
all of the states
52
In a suit against Sandy, Tippy obtains damages. In the U.S. legal system, this remedy at law is:
normal
53
If a provision in the Florida state constitution conflicts with a provision in the U.s. Constitution:
The U.S. constitution takes precedence
54
A plaintiff is a person against whom a lawsuit is brought
FALSE, a plaintiff is someone who initiates a lawsuit.
55
A judge deciding a common law case must look to decisions in prior, similar cases for guidance
TRUE
56
Equity is a branch of unwritten law that seeks to supply remedies other than damages
TRUE
57
US district courts have original jurisdiction in matters involving federal questions
TRUE
58
State courts are independent of federal courts
TRUE
59
Service of process is the process of obtaining information from an opposing party before trial
FALSE
60
Venue is the term for subject matter of a case
FALSE
61
Equal protection means that the government must treat similarly situated individuals differently
FALSE
62
Constitutional law includes only the US constitution.
FALSE
63
Areas of the law not governed by constitutional, statutory or administrative law are governed by the common law.
TRUE
64
A default judgement is entered against a party who fails to respond to the allegations in a complaint.
TRUE
65
A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts within the state.
TRUE
66
Unless it conflicts with the US Constitution or a federal law, a state constitution is supreme within the state's borders.
TRUE
67
The Supremacy Clause of the US Constitution provides that a state law is invalid when it directly conflicts with a federal law.
TRUE
68
Concurrent jurisdiction exists when both federal and state courts have the power to hear a certain case.
TRUE
69
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.
TRUE
70
A court can exercise jursidiction over property that is located within its boundaries.
TRUE
71
Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.
FALSE
72
Under their police powers, states can regulate private activities to protect or promote the public order
TRUE
73
The US Constitution is the supreme law of the United States
TRUE
74
How judges apply the law to specific disputes may depend in part on their personal philosophical views.
TRUE
75
The first amendment allows free speech in any and all circumstances
FALSE
76
The federal government can regulate any activity that substantially affects interstate commerce.
TRUE
