Exam #1

Question 1

What is Federalism?

Answer 1

A system in which power is divided between the national and state governments.

Question 2

What is Civil Law?

Answer 2

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

Question 3

What is Criminal Law?

Answer 3

A system of law concerned with the punishment of those who commit crimes.

Question 4

What is a Summons?

Answer 4

A notice directing someone to appear in court to answer a complaint or a charge.

Question 5

What is a Complaint?

Answer 5

A formal notice that a lawsuit is being brought.

Question 6

What is a Default Judgment?

Answer 6

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

Question 7

What is an Answer?

Answer 7

Procedurally, a defendant’s response to the plaintiff’s complaint.

Question 8

What is Discovery?

Answer 8

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Question 9

What is Voir dire?

Answer 9

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Question 10

What is a Peremptory Challenge?

Answer 10

Removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challenges.

Question 11

What is Case in Chief?

Answer 11

The case presented by each party in a trial.

Question 12

What are Instructions to the Jury?

Answer 12

Instructions given by the judge that tell the jury what rules of law apply to the case.

Question 13

What is a Verdict?

Answer 13

The decision a jury makes in a trial; the decision said by the jury.

Question 14

What is Jurisdiction?

Answer 14

(n.) an area of authority or control; the right to administer justice.

Question 15

What is Venue?

Answer 15

The geographic district in which a legal action is tried and from which the jury is selected.

Question 16

What is Concurrent Jurisdiction?

Answer 16

Authority for both state and federal courts to hear and decide cases.

Question 17

What are Depositions (Discovery)?

Answer 17

Sworn testimony recorded and transcribed by a court reporter.

Question 18

What are Interrogatories?

Answer 18

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.

Question 19

What is the Burden of Proof in Civil Cases?

Answer 19

Preponderance of evidence, clear and convincing proof.

Question 20

What is the Burden of Proof in Criminal Cases?

Answer 20

Beyond a reasonable doubt.

Question 21

What is an Appellate Court?

Answer 21

Reviews the record of a trial court to determine if any legal errors were made.

Question 22

What is a Trial Court?

Answer 22

Determines the facts and applies the law to the facts in order to reach a verdict.

Question 23

What is Attorney-Client Privilege?

Answer 23

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

Question 24

What are Attorney Fee Arrangements?

Answer 24

Flat fee, Hourly fee, Contingent fee.

Question 25

What is Judicial Review (Marbury v. Madison)?

Answer 25

The power of the courts to declare laws unconstitutional.

Question 26

What is Separation of Power?

Answer 26

Constitutional division of powers among the legislative, executive, and judicial branches.

Question 27

What is the Supremacy Clause?

Answer 27

Federal law is supreme over state law.

Question 28

What is the Bill of Rights?

Answer 28

The first ten amendments to the Constitution.

Question 29

Who does the constitution constrain?

Answer 29

The government (not private citizens).

Question 30

What are First Amendment Rights?

Answer 30

Freedom of speech, press, religion, and assembly.

Question 31

When does the fifth amendment apply?

Answer 31

When you are not free to leave and are being questioned.

Question 32

What are exceptions to the 4th Amendment?

Answer 32

Consent, Incident to Lawful Arrest, Plain View, Exigent Circumstances, Automobile, Borders.

Question 33

What is Estate Planning?

Answer 33

Preparing a plan for transferring property during one's lifetime and at one's death.

Question 34

What is a Devise of Real Estate?

Answer 34

A gift of property by a will.

Question 35

What is a Specific Bequest?

Answer 35

A gift by will of a particular item of personal property.

Question 36

What is a Residuary Gift?

Answer 36

A gift of an estate left after the debts, taxes, and specific and general gifts have been given.

Question 37

What is a Testator?

Answer 37

A person who makes a will.

Question 38

What is an Executor?

Answer 38

Person designated to execute the terms of a will.

Question 39

What is Probate?

Answer 39

The official proving of a will.

Question 40

What is a Fiduciary?

Answer 40

A person or organization legally obligated to act in the best interest of another party.

Question 41

What is a Trustee?

Answer 41

A legislator who acts according to her or his conscience and the broad interests of the entire society.

Question 42

What are Requirements for a Formal Will?

Answer 42

- Be of legal age and sound mind - Must be in writing and signed by the testator - Must be witnessed by at least 2 people

Question 43

What is the IRS (Internal Revenue Service)?

Answer 43

US government agency that is responsible for the collection and enforcement of taxes.

Question 44

What is the FAA (Federal Aviation Administration)?

Answer 44

Government agency responsible for regulating civil aviation and commercial space transportation, maintaining air traffic control and develop aviation safety programs

Question 45

What is the DOE (Department of Education)?

Answer 45

Oversees and enforces education policy and administers funds to educational programs