Exam Flashcards
(30 cards)
Which was the first country to establish colonies in North America?
Spain
Who were the founding fathers of the USA?
Benjamin Franklin
Thomas Jefferson
James Madison
Which are the four stages of civil procedure?
Pleading
Pre-Trian
Trial
Post-Trial
Illustrate the principle of cheks and balances emodied in the US Consitution
The power to declare war is with the Congress, but the President is commander chief of the armes forces
At what stage in US civil procedure is discovery usually done?
After the plaintiff has filled his complaint
A statement about federal jugdes
They are appointed by the president with the advice and consent of the Senate
- Rider from New Yrok
- Insured collision in New York
- By a woman from New Jersey
- 100,000 $ damage
- NY state court
- is federal court possible?
Yes, if the plaintiff is seeking more then 75,000 $ in damages
- Woman wants to file a law suit
- against the hotel
- under federal civil right law
- must she file this suit in a federal court?
Yes, because her claims is under federal law
The US Congress passes a law, is this law immediately effective?
No, because it has not yet been signed by the President
- under state law
- state court
- appeals and loses
- appeals at the state supreme court
- does he have the right to have the US Sumpreme Court hear the appeal?
No, because there is no right to have the Supreme Court heard appeals in any but a very select category of cases in which this case does not fall
Is it correkt to say the original text of the US Constitution does not provide for any fundamental rights?
Yes, those rights were added later
What was the signifiance of the Decleration of Independence of 4 July 1776?
The original 13 states seceded Great Britain
Under the US Consitution:
The Supreme Court made itself the most powerful branch
The Supreme Court decided whether something is constituional or not. Why can the Supreme Court do this?
Because the Supreme Court has given itself the power to do so
Before which court would you file a claim based on the Sherman Act?
This is federal law, therefore before a federal court
Why did Bank Wegelin settle its case before the US court although it has no business presence in the USA?
The fact alone that the bank would have been indicated before a US court would have forced Wegelin to file for bankruptcy
How many court systems do the US have?
The US has two court systems: a federal one and a state one (one each state one)
What are the 5 specialities of a US civil procedure?
Jury, discovery, class action, lawyers fee, punititive damage
What is consideration?
A necessary element to make agreements binding contracts
What is needed to win a tort case?
Tort cases need either negligence or intention, unless there is strict liability
What is the so called Deleware effect?
Deleware has a low level of company regulation what causes other states to lower the level of their regulations, too
What is the rule of reason?
This rule allows the courts not to apply the wording of the provision of the Sherman Act to all offenses strictly but only to the called hard core violations
On what sources of law did the courts base its decision in Pierson v. Post?
Common law, citing prior cases not only decided by British courts but also sources like laws made by the late Roman emperors
What is TTIP?
A comprehensive free trade agreement between the USA and the EU
