LGS - 200

Question 1

tEnd of chapter 2 with begging of 4

Question 2

Judicial review

Answer 2

the process by which courts decided on the constitutionality(quality of being in accordance with) of legislative enactments and actions of the executive branch
- Marbury v. Madison - us supreme court

Question 3

Basic judicial requirements

Answer 3

before a lawsuit may be brought before a court, the following must be ment:
1. jurisdiction
2. venue
3. standing to sue

Question 4

jurisdiction

Answer 4

the authority of a court to hear a case and decide a specific action

Question 5

personam jurisdiction

Answer 5

court jurisdiction over the “person” involved in a legal action; personal jurisdiction

Question 6

long arm statute

Answer 6

a state statute that permits a state to obtain personal jurisdiction over nonresident defendants

Question 7

Federal courts have subject matter jurisdiction in two situations:

Answer 7

• When a federal question is involved - Federal question – A question that pertains to the U.S. Constitution, acts of
  Congress, or treaties.
• When there is diversity of citizenship

Question 8

Court procedures

Question 9

Hiring an Attorney

Answer 9

• prior to filing a lawsuit, find help form a LICENSED attorney
• they provide advice such as probability of success, what’s to be expected, procedures involved, & advantages and disadvantages

Question 10

Payment of an attorney 3

Answer 10

• fixed
• hourly
• contingency

Question 11

Stages of Litigations 3

Answer 11

• pretrial
• trial
• posttrial

Question 12

Pretiral

Answer 12

Involves :
- filing of a pleading
- pretrial motions
- gathering evidence (discovery)

Question 13

Pleadings

Answer 13

• formal statement made by plaintiff & defendant
• details the fact, allegations, & defende involved in the litigations
• 2 parts
  1. complaint - filed by injured party (plaintiff)
  2. answer - filed by the alleged defendant

Question 14

Complaint

Answer 14

-the pleading made by a injured party claiming wrongdoing from defendant - doc. when flied in court instigates a lawsuit

Question 15

service of process

Answer 15

delivery of the complaint & summons to a defendant

Question 16

administrative agencies

Answer 16

a federal OR state gov. agency that was created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the government

Question 17

Enabling legislation

Answer 17

• a statute enacted by congress that authorizes the creation of an administrative agency & specific the specific name, purpose, and power of the agency

Question 18

Federal administrative agencies

Answer 18

• Can ONLY exercise the powers congress has granted them in enabling legislation
• can NOT regulate beyond powers granted
• may have to take some regulatory actions as required by the statute

Question 19

Agency examples 1: Federal Trade commision (FTC)

Answer 19

• congress created the FTC in the FTC Act

Question 20

Two types of agencies

Answer 20

1. executive: Federal executive agencies, appointed by the president , reports to executive branch
2. independent regulatory: OUTSIDE federal executives, president’s power is less valuable

Question 21

tort

Answer 21

a civil wrong not arising form a breach of contact.

Question 22

breach

Answer 22

a breach of legal duty that proximately causes harm or injury to another

Question 23

2 types of tort

Answer 23

1. wrongs
2. compensation

Question 24

damages

Answer 24

a monetary award sought as a remedy for a breach of contract or a tortious act

Question 25

compensatory damages

Answer 25

a money award equivalent to the actual value of injured/damage sustained by the aggrieved party

Question 26

special damages

Answer 26

an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as monetary losses

Question 27

List of tort against person

Answer 27

1. assult 2. abttery 3. false inprisonment 4. intentional inflicion of emotional distress 5. defamation 6. flauduletn misprepesentation 7. abusive or frivolus litigation 8. invation of privaxy

Question 28

Promise

Answer 28

a persons assurance that he or she will or will not do some

Question 29

promisor

Answer 29

is a person who makes MAKES a promise

Question 30

promisee

Answer 30

is a person is a person to whom a promise is MADE

Question 31

contract

Answer 31

an agreement that can be enforced in court, formed by 2 parties

Question 32

offeror

Answer 32

a person who MAKES an offer

Question 33

offeree

Answer 33

a person to