LEGL 2700 Chapter 1

Question 1

what is law?

Answer 1

rules established by the state and backed up by enforcement

Question 2

what is Rule of Law?

Answer 2

the principle whereby all members of a society are considered equally subject to publicly disposed legal codes and processes

Question 3

what is the US ranked on the World Justice Project?

Answer 3

27

Question 4

What country is last on the World Justice Project?

Answer 4

Venezuela

Question 5

what is the common law system?

Answer 5

Strong emphasis on judges’ interpretation and application of laws

Question 6

what are the pros of the common law system?

Answer 6

can be concise and stare decisis

Question 7

define stare decisis

Answer 7

let the decision stand

Question 8

what are the cons of the common law system?

Answer 8

volume of cases
conflicting precedents

Question 9

what is the civil law system?

Answer 9

focuses on legislation and judges do not make law and are not bound by precedent

Question 10

what US state uses the civil law system?

Answer 10

Louisiana

Question 11

what is public law?

Answer 11

regulation of society

Question 12

what laws are under public law?

Answer 12

constitutional, administrative, and criminal law

Question 13

what is constitutional law?

Answer 13

involves the interpretation and application of either the federal or state constitutions

Question 14

what is administrative law?

Answer 14

covers the legal principles that apply to government agencies, bureaus, and commissions

Question 15

what is criminal law?

Answer 15

specifies various offenses against the proper order of the state

Question 16

what is private law?

Answer 16

regulation of private resources

Question 17

what laws are under private law?

Answer 17

property, contract and tort law

Question 18

what is property law?

Answer 18

involves the recognition of an exclusive right in both tangible and intangible resources

Question 19

what is contract law?

Answer 19

covers the enforcement of promises to exchange resources

Question 20

what is tort law?

Answer 20

establishes rule of compensation when a person’s legal boundaries are wrongfully crossed by another

Question 21

what is substantive law?

Answer 21

the time allowed for one party to sue another and the rules of law governing the process of lawsuit

Question 22

what is procedural law?

Answer 22

the method and means by which substantive law is made and administered

Question 23

what is at the top of the hierarchy of law?

Answer 23

US constitution

Question 24

what is at the bottom of the hierarchy of law?

Answer 24

local ordinances

Question 25

define opinions

Answer 25

written decisions of judges

Question 26

define precedent

Answer 26

a prior judicial decision relied upon as an example of a rule of law

Question 27

define jurisdiction

Answer 27

the power of the court to hear a case

Question 28

define subject matter jurisdiction

Answer 28

the power over the issues involved in the case

Question 29

what are some limited jurisdiction courts?

Answer 29

Probates, wills and family court

Question 30

what do judges at trial courts do?

Answer 30

determine the rules of law for case and what evidence is admissible

Question 31

what do judges decide at appeals courts?

Answer 31

the appeals and provide reasons for their decisions

Question 32

what do judges do a bench trials?

Answer 32

find the facts since there is no jury

Question 33

what amendments guarantee trial by jury?

Answer 33

6th and 7th

Question 34

what is a petit jury?

Answer 34

trial jury that returns a verdict in criminal and civil trials

Question 35

how many people do petit jury's consists of historically?

Answer 35

12

Question 36

what must a party be granted before the Supreme Court will hear the case?

Answer 36

writ of certiorari

Question 37

how many times do you have the right to appeal?

Answer 37

one

Question 38

what is the effect of the Supreme Court refusing to hear a case?

Answer 38

Court of Appeals decision stands

Question 39

can you appeal if you lose district courts?

Answer 39

yes

Question 40

define judicial review

Answer 40

the power of the courts to review laws passed by the legislative body to declare them unconstitutional

Question 41

what case established judicial review?

Answer 41

Marbury v Madison (1803)

Question 42

define judicial restraint

Answer 42

allow political process and not the courts to correct society's ills

Question 43

define judicial activism

Answer 43

believes that the political process cannot adequately handle society's difficult issues

Question 44

what is an example of judicial activism ?

Answer 44

Brown v Board of Education (1954)

Question 45

what is the difference between a petit jury and a grand jury?

Answer 45

A grand jury is 23 people and they decide in a criminal prosecution whether to indict a person in crime, a petit jury is the actual trial

Question 46

what did article III of the constitution establish?

Answer 46

the federal judiciary

Question 47

what do federal courts have subject matter jurisdiction over?

Answer 47

questions of federal law the United States as a party controversies among states cases with diversity of citizenship

Question 48

how much must the claim of cases with diversity of citizenship be?

Answer 48

$75,000

Question 49

what is the United States v Windsor (2013) about?

Answer 49

held that the Defense of Marriage Act was a violation of the Due Process Clause of the 5th amendment

Question 50

Why was the Defense of Marriage Act challenged?

Answer 50

because a widow was denied an estate tax benefit since it was not available to same sex spouses

Question 51

what is Citizens v Fed. Election Comm'n (2010) about?

Answer 51

an act that prohibited corporations from making independent expenditures for electioneering communications was struck down as a violation of the first amendment

Question 52

define majority opinion

Answer 52

written reasoning for the conclusion reached by the majority

Question 53

true or false: the majority opinion is binding precedent on lower courts

Answer 53

true

Question 54

define concurring opinion

Answer 54

agrees with the majority but for different reasons

Question 55

is the concurring opinion binding?

Answer 55

no but can be influential

Question 56

define plurality opinion

Answer 56

concurring opinion joined by the greatest number of judges when no majority opinion is reached

Question 57

is the plurality opinion binding?

Answer 57

no, but can be influential

Question 58

define dissenting opinion

Answer 58

disagrees with the conclusion of the majority

Question 59

is the dissenting opinion binding?

Answer 59

no, but can be influential

Question 60

Devin plans to sue Tom for the injuries he suffered when Tom crashed into the back of his car. Where would he file his lawsuit?

Answer 60

He would file the lawsuit at the trial court level since tort law is a state law

Question 61

Greg sues his employer, Home Depot, for employment discrimination under the Federal Equal Employment Opportunity Act in Georgia state court. Home Depot files a motion to have the case removed to federal court. Should the judge grant the motion?

Answer 61

No because when you have a federal question, citizenship stuff does not matter

Question 62

what is the order of the federal courts?

Answer 62

district courts ---> federal court of appeals ---> Supreme Court