LGS Exam 1

Question 1

system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason

Answer 1

Natural Law

Question 2

national law, the written law of a given society at a particular point in time. Applies only to the citizens of that nation or society

Answer 2

Positive Law

Question 3

School emphasizing the evolutionary process of law by concentrating on the origin and history of the legal system

Answer 3

Historical School

Question 4

Based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs

Answer 4

Legal Realism

Question 5

School that views law as a tool for promoting justice in society. Strongly influenced by legal realism

Answer 5

Sociological School

Question 6

Know the 4 primary sources of law

Answer 6

1. US Constitution and state constitutions
2. statutory law
3. Regulations created by administrative agencies
4. Case law and common law doctrines

Question 7

Secondary Sources

Answer 7

books and articles that summarize and clarify the primary sources of law

Question 8

statutes passed by municipal or county governing units to govern matters not covered by federal or state law

Answer 8

ordinances

Question 9

Any law that is passed must pass muster with the ___________ or it will be voided.

Answer 9

Constitution

Question 10

Fancy word for a law, passed by congress or legislature in each state. Passed when a law is passed.

Answer 10

Statute

Question 11

Statures are codified in to book form called the:

Answer 11

US Code, or AL Code

Question 12

laws based on particular federal agencies that have their own set of rules and regulations

Answer 12

Administrative law

Question 13

Veterans Agency, SSA, and EPA are examples of what type of law?

Answer 13

Administrative

Question 14

Is there such a things as an administrative law judge?

Answer 14

YES

Question 15

Can be dated back to 1066 when William the Conqueror used the court system to unify the nation through a set of laws. Appointed the King’s Court

Answer 15

Case law/common law

Question 16

in 1066, cases were recorded and said what happened, the ruling, and why the ruling was made as such in…

Answer 16

year books

Question 17

A system where a similar case would be ruled the same as it was previously

Answer 17

System of Precedent

Question 18

latin term for “stand on decided cases.” Refers to the system of precedent

Answer 18

Stare Decisis

Question 19

We adopted the common law of _________.

Answer 19

England

Question 20

only _________ __________ are recorded in the National Reporter System

Answer 20

Appellate Cases

Question 21

What are the 4 steps to briefing a case?

Answer 21

1. Give basic facts
2. What is the issue
3. decision regarding issue
4. reasoning of decision

Question 22

What is the purpose of compensatory damages?

Answer 22

to make recipients whole again

Question 23

what is the purpose of punitive damages?

Answer 23

punish and deter

Question 24

What is the authority of a court to hear a case?

Answer 24

jurisdiction

Question 25

What latin term means the court's jurisdiction over a person?

Answer 25

in personum. (personal jurisdiction)

Question 26

true or false: any court can hear any case

Answer 26

FALSE. Courts are limited in the types of cases they can hear. Appeals courts only hear appellate cases

Question 27

what gives a state jurisdiction over a person even if they don't live in that state?

Answer 27

sufficient minimum contact

Question 28

How is in personum (personal jurisdiction) determined?

Answer 28

over geographic boundaries. Based on where you reside, those courts have jurisdiction over you.

Question 29

Latin term for jurisdiction over the person or over the thing at regards to location.

Answer 29

In rem

Question 30

true or false: you cannot file a lawsuit to the AL supreme court

Answer 30

TRUE

Question 31

A case involving more than $75000 will go to

Answer 31

federal court

Question 32

Can federal court hear state law cases?

Answer 32

YES. I.e. suing over an accident in florida with people from two other different states with damages exceeding $75000`

Question 33

Subject matter jurisdiction

Answer 33

courts have limited subject matter jurisdiction...every court cannot hear every case.

Question 34

The proper or most convenient location for the trial in a civil case

Answer 34

Venue

Question 35

Where our constitution was formed; written in that the states delegate powers to the US government

Answer 35

Constitutional Convention

Question 36

Clause stating that a state must have a substantial reason for treating out of state or foreign citizens differently than their own state citizens

Answer 36

Privileges and immunities clause

Question 37

Clause stating that states must give the acknowledge and accept civil matters like deeds, contracts, wills, etc. that were drafted in other states. Allows mobility amongst our citizens.

Answer 37

Full faith and credit clause

Question 38

Clause that gives power to congress to regulate interstate commerce. "Gives congress the power to regulate power with foreign nations and among the several states with indian tribes."

Answer 38

Commerce Clause

Question 39

A case that gave congress the power to regulate intrastate commerce

Answer 39

Gibbons v. Ogden

Question 40

Clause that allows congress and the courts to strike down and/or regulate anything that "places an undue burden or substantially affects interstate commerce"

Answer 40

Commerce clause

Question 41

Clause that states that the laws, treaties, and the constitution of the US are the supreme laws of the land. Breaks ties.

Answer 41

Supremacy Clause

Question 42

All but which of the 10 amendments apply to businesses as well?

Answer 42

4th amendment

Question 43

First amendment:

Answer 43

Freedom of speech, press, religion, assembly, petition the government

Question 44

5th amendment:

Answer 44

Due process: the government shall not deprive a person of life, liberty, or property without due process of law

Question 45

two types of due process:

Answer 45

procedural and substantive

Question 46

Type of due process dealing with challenging the substance or content of a statute:

Answer 46

Substantive

Question 47

Type of due process dealing with procedures that are in place to protect rights to a trial, guilt/not guilty, rights to appeal, right to confront your accusers

Answer 47

Procedural

Question 48

14th amendment:

Answer 48

equal protection

Question 49

If a law is passed and seems to affect a certain group more than another in a negative way, that will be challenged under the __________

Answer 49

Equal protection amendment (14th)

Question 50

Alternatives for having to go to trial, because most people want to avoid trial.

Answer 50

Alternative Dispute Resolution (ADR)