Exam 1

Question 1

Formalism

Answer 1

Golden Rule.

Duty Based

Question 2

Consequentialism

Answer 2

Outcome based
Focuses on weighing pros and cons
Most good

Question 3

Compensatory Damage

Answer 3

Actual damage

Question 4

Punitive Damage

Answer 4

Punish them

Question 5

Substantive

Answer 5

Create and define legal rights and responsibilities

Question 6

Procedural

Answer 6

Establishes methods required to enforce substantive laws

Question 7

Jurisprudence

Answer 7

Learning about different schools of legal thought and how it affects decision making

Question 8

Secondary sources

Answer 8

Treatises

Law review articles

Question 9

Supreme Law of the Land

Answer 9

Article 6

Federal Rights

Question 10

States rights

Answer 10

10th amendment

All powers not granted to federal gov are reserved by the state

Question 11

Statutory Law

Answer 11

Law generally made by elected officials

Question 12

Case law

Answer 12

Judge made law

Interprets statutory law

Question 13

Administrative law

Answer 13

Rules and regulations by federal and state and local agencies

Question 14

37A O.S. SS 6-101 (a) (1)

Answer 14

Statutory

Title 37a section 6-101 subsection subsection

Question 15

509 P.2d 668

Answer 15

Volume 509 2nd edition page 668

Question 16

Three stages of litigation

Answer 16

Pre trial
Trial
Post trial

Question 17

Three requirements before lawsuit can be heard

Answer 17

Jurisdiction
Venue
Standing

Question 18

Domicile

Answer 18

Defendant resides and and where he plans to stay

Question 19

Consent

Answer 19

If incorporated in state or qualified to do business in state by registering as forgein corp

Question 20

Long arm statute

Answer 20

Sufficient minimum contacts in state

Question 21

Venue

Answer 21

Land - where the land is

1 where the defendant resides
2 where the claim arose

Question 22

PreTrial

Answer 22

Petition
Summons

Answer

Reply

Question 23

Petition

Answer 23

Facts of the case
Legal conclusions
Prayer for relief

Question 24

Summons

Answer 24

Comes with petition

Provides formal notice of lawsuit

Question 25

How many days does defendant have to respond to summons and petition

Answer 25

20 days

Question 26

If plaintiff fails to serve summons in ___ days then the case may be dismissed without prejudice

Answer 26

180

Question 27

Answer

Answer 27

Filed by defendant in response to petition

Question 28

How to get extension on answer??

Answer 28

Request 20 more days | Give up certain defenses

Question 29

In answer the defendant will

Answer 29

1 admit, deny, or claim insufficient knowledge each allegation 2 set forth affirmative defenses 3 assert counter claim

Question 30

Statute of limitations

Answer 30

Time limit to bring about a case after the event

Question 31

Plaintiffs reply

Answer 31

Send in 20 days after answer | Address defenses and counter claim

Question 32

Pre trial discovery

Answer 32

Used to obtain evidence from opposing party and witnesses prior to trial

Question 33

Relevant Evidence

Answer 33

Tends to prove or disprove a fact

Question 34

Deposition

Answer 34

Verbal questions under oath

Question 35

Interrogatories

Answer 35

Written questions answered under oath to parties only. Limit 30 can be expanded Must respond in 30 days Or 45 days if served with the petition

Question 36

Request for production

Answer 36

Require party to produce documents or other evidence Can obtain similar from witnesses using subpoena duces tecum Limit 30 requests but can be expanded 30 days to respond unless served with petition

Question 37

Request for admissions

Answer 37

Written requests to parties to admit the truth of any matter 30 requests blah blah blah

Question 38

Pre trial conference

Answer 38

Explore settlement Exchange witness and exhibit lists

Question 39

Jury selection

Answer 39

Voice dire Parties can challenge in two ways Preemptory - limit three - no reason Challenge for cause - give reason

Question 40

Opening statement

Answer 40

Not required with a judge

Question 41

Order of trial

Answer 41

1 opening statement 2 plaintiffs direct examination of witnesses - cross examined by defendant 3 defendants direct exam of witnesses - cross examined by plaintiff 4 closing arguments 5 jury instructions 6 court decision - if judge- doesn’t have to be that day

Question 42

Post trial

Answer 42

Both parties may appeal to higher court Appellant - party who appeals Speller - party who responds to appeal