Exam 1

Question 1

Two types of law

Answer 1

Langdellian and

Kaganian

Question 2

the study of law was a rather technical pursuit in which students were simply told what the law is. Langdell applied the principles of pragmatism to the teaching of law as a result of which students were compelled to use their own reasoning powers to understand how the law might apply in a given case. This dialectical process came to be called the case method

Answer 2

Landellian Law

Question 3

Critical question of offer and acceptance

Answer 3

Was there a meeting of the minds?

Question 4

When can you get specific performance

Answer 4

Land, unique subject of contract, (sometimes) goods in short supply

Question 5

Statutes are passed by legislatures and usually take the form of rules to govern social behavior. Can be precise or general in content.

Answer 5

Statutory Law

Question 6

These originate from the executive branch of government; these rules are made by regulators after the legislature has passed a law stating that the executive branch has authority to make rules in a particular area

Answer 6

Administrative Regulations

Question 7

When can administrative regulations be challenged in court?

Answer 7

1. The process used to make a valid rule was not followed correctly
2. The rule itself exceeds the scope of authority granted to the regulators by the legislature
3. The rule is “arbitrary”

Question 8

laws from the US constitution; is above all other laws, statutes and rules

Answer 8

Constitutional Law

Question 9

rules that come from written opinions of judges in past cases, not from statutes or regulations

Answer 9

Common Law

Question 10

1. The legal order; regime of ordering human activities and relations through systematic application of the force of politically organized society
2. The aggregate of laws or legal precepts; the body of authoritative grounds of judicial and administrative action established in such a society
3. The judicial process; the process of determining controversies

Answer 10

Definition of Law

Question 11

1. maintain stability in the social, political, and economic system while simultaneously permitting change
2. protect the owner’s use of property and to facilitate voluntary agreements
3. the preservation of the state

Answer 11

Functions of law

Question 12

the means by which the law enforces the decisions of the courts

Answer 12

Sanctions

Question 13

The capacity of a person, with the aid of the law, to require another person or persons to perform, or refrain from performing a certain act

Answer 13

Right

Question 14

The obligation the law imposes upon a person to perform, or to refrain from performing, a certain act

Answer 14

Duty

Question 15

creates, defines and regulates legal rights and duties

Answer 15

Substantive Law

Question 16

Establishes the rules for enforcing those rights that exist by reason of substantive law

Answer 16

Procedural Law

Question 17

The branch of substantive law that deals with the government’s rights and powers in its political or sovereign capacity and in its relation individuals or groups

Answer 17

Public Law

Question 18

the part of substantive law governing individuals and legal entities (such as corporations) in their relations with one another

Answer 18

Private Law

Question 19

defines duties the violation of which constitutes a wrong against the party injured by the violation

Answer 19

Civil Law

Question 20

arty bringing a civil action, has the burden of proof which he must sustain
by a preponderance (greater weight) of the evidence

Answer 20

Plaintiff

Question 21

establishes duties he violation of which is a wrong doing against the whole community

Answer 21

Criminal Law

Question 22

the parties, not the court, must initiate and conduct litigation

Answer 22

Adversary System

Question 23

depend on comprehensive legislative enactments (called codes) and an inquisitorial method of adjudication

Answer 23

Civil Law System

Question 24

the judiciary initiates litigation, investigates pertinent facts and conducts the presentation of evidence

Answer 24

Inquisitorial System

Question 25

commands the defendant seller to perform his part of the contract by transferring title to the land

Answer 25

Specific Performance

Question 26

a court order requiring a party to do or refrain from doing a specified act

Answer 26

Injunction

Question 27

where, upon the ground of mutual mistake, contracting parties could bring an action to reform or change the language of a written agreement to conform to their actual intentions

Answer 27

Reformation

Question 28

allowed a party to invalidate a contract under certain circumstances

Answer 28

Rescission

Question 29

discretion according to the general legal principles

Answer 29

Maxims

Question 30

The primary source of new law and ordered social change in the US Legislature can overturn past laws more easily than common law

Answer 30

Legislative Law

Question 31

1. Simplify, clarify and modernize the law governing commercial transactions 2. Permit the continued expansion of commercial practices through custom, usage, and agreement of the parties 3. Make uniform the law among the various jurisdictions

Answer 31

Uniform Commercial Code (UCC)

Question 32

An agreement between or among independent nations

Answer 32

Treaty

Question 33

The president has the authority to issue laws

Answer 33

Executive Order

Question 34

the branch of public law that is created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies

Answer 34

Administrative Branch

Question 35

The study of the principles on which legal rules are based and the means that courts use to arrive at judicial decisions

Answer 35

Jurisprudence

Question 36

Postulates the existence of universal laws of nature which override human laws and provide the standard against which the efficacy and legitimacy of human laws are to be judged

Answer 36

Natural Law Theory

Question 37

Rejects the notion that law is a reflection of a set of natural principles and claims that the law is what those who hold political power say the law is

Answer 37

Legal Positivism

Question 38

Holds that law, as applied, almost always comes down to a matter of interpretation and that therefore the character and biases of individual judges often determine what the law is in individual cases

Answer 38

Legal Realism

Question 39

a radical theory that claims that all laws are merely political judgments which reflect the views of those with political and economic power

Answer 39

Critical Legal Studies

Question 40

an attempt to find rationality in the law by claiming that the law is or at least ought to be a reflection of certain neutral and objective principles grounded in economic theory

Answer 40

Law and Economics

Question 41

Laws framed by humans, only valid if in accordance with natural law

Answer 41

Positive Laws

Question 42

Number of justices in a quorum

Answer 42

6

Question 43

cases the court must hear should a party request recview

Answer 43

appeal by right

Question 44

requires lower court to produce the records of a case it has tried

Answer 44

writ of certiorari

Question 45

courts with jurisdiction over particular areas

Answer 45

Special Courts

Question 46

- Decide the least serious criminal and civil matters - Do not keep complete records of trial proceedings - Conduct Preliminary hearings in more serious criminal cases

Answer 46

Inferior Trial Courts

Question 47

inferior trial courts which hear civil cases involving a limited amount of money

Answer 47

Small Claims Court

Question 48

- Each state has trial courts of general jurisdiction - Do not have a dollar limitation - Hear all criminal cases other than minor offenses - Maintain formal records of proceedings

Answer 48

Trial Courts

Question 49

the power or authority of a court on hear and decide on a given case

Answer 49

Jurisdiction

Question 50

the authority of a particular court to adjudicate a controversy of a particular kind

Answer 50

Subject Matter Jurisdiction

Question 51

if congress so provides, federal courts have subject matter jurisdiction over some areas

Answer 51

exclusive federal jurisdiction

Question 52

federal courts share jurisdiction with the state courts, plaintiff chooses federal or state

Answer 52

concurrent federal jurisdiction

Question 53

any case arising under the Constitution, statutes or treaties of the US

Answer 53

Federal question

Question 54

exists when the plaintiffs are all citizens of a state or states different the state/states the of which the defendant is a citizen OR a foreign country brings an action against citizens of the United States OR when the controversy is between citizens of the US and citizens of a foreign country

Answer 54

Diversity of citizenship

Question 55

states have exclusive jurisdiction over all other matters not granted to the federal courts by the Constitution or Congress

Answer 55

exclusive state jurisdiction

Question 56

the legal principle of determining points in litigation according to precedent.

Answer 56

stare decisis

Question 57

jurisdiction of a court over the parties of a lawsuit

Answer 57

in personam jurisdiction

Question 58

expands jurisdiction to reach beyond persons who may be personally served within the state

Answer 58

long arm statute

Question 59

jurisdiction to adjudicate claims to property situated within the state if the plaintiff gives those persons who have interest in the property reasonable notice and opportunity to be heard

Answer 59

in rem jurisdiction

Question 60

jurisdiction over property rather than a person

Answer 60

attachment (quasi in rem) jurisdiction

Question 61

The geographical location where the case should be brought

Answer 61

Venue

Question 62

A series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses

Answer 62

the pleadings

Question 63

a dispute between parties regarding the events that gave rise to the lawsuit

Answer 63

issue of fact

Question 64

dispute between the parties as to what legal rules apply to the facts

Answer 64

issue of law

Question 65

Includes a statement claim with supporting facts and a demand for relief

Answer 65

complaint

Question 66

notification to the defendant that a suit has been brought against him

Answer 66

summons

Question 67

defendant's pleading in response to the plaintiff's complaint

Answer 67

answer

Question 68

plaintiff's pleading in response to the defendant's answer

Answer 68

reply

Question 69

process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

Answer 69

pretrial procedure

Question 70

a final ruling in favor of one party by the judge based on the pleadings

Answer 70

judgment on pleadings

Question 71

right of each party to obtain evidence from the other party

Answer 71

Discovery

Question 72

a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

Answer 72

Pretrial conference

Question 73

final ruling by the judge in favor of one party based on the evidence disclosed by discovery

Answer 73

Summary judgment

Question 74

determines the facts and the outcome of the case

Answer 74

Trial

Question 75

each party has an unlimited number of challenges for cause and a limited number of peremptory challenges

Answer 75

jury selection

Question 76

consists of opening statements by attorneys, direct and cross-examination of witnesses and closing arguments

Answer 76

conduct of trial

Question 77

judge gives the jury the particular rules of the law that apply to the case

Answer 77

jury instructions

Question 78

the jury's decision based on those facts the jury determines the evidence proves

Answer 78

verdict

Question 79

include motions for a new trial and a motion for judgement notwithstanding the verdict

Answer 79

motions challenging verdict

Question 80

determines whether the trial court committed prejudicial error

Answer 80

appeal

Question 81

plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize the property of the defendants and to garnishment to collect money owed to the defendant by a third party

Answer 81

enforcement

Question 82

a nonjudicial proceeding in which a neutral party selected by the disputants renders a binding decision (award)

Answer 82

arbitration

Question 83

a nonbinding process in which a third party acts as an intermediary between the disputing parties

Answer 83

conciliation

Question 84

a nonbinding process in which a third party acts as an intermediary and proposes solutions for them to consider

Answer 84

mediation

Question 85

a nonbinding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with a third party

Answer 85

Mini Trial

Question 86

mock trial followed by negotiations

Answer 86

summary jury trial

Question 87

consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without involving third parties

Answer 87

negotiation

Question 88

if both parties agree, a case may be decided without a jury

Answer 88

bench trial

Question 89

4 ways the judge limits the jury

Answer 89

1. limits what the jury can hear during the trial by applying the law of evidence 2. limits the issues that the jury can consider (issues of fact) 3. tells the jury what what rules apply in deciding the case and what those rules mean 4. can take the case away before the jury decides or upset the jury's verdict by granting one of several motions from either party

Question 90

process of weeding out jurors in order to make an impartial jury

Answer 90

voir dire "to speak the truth"