Midterm

Question 1

Cause of action

Answer 1

a claim that based on the law and the facts is sufficient to support a lawsuit. if the plaintiff does not sate a valid cause of action in the complaint, the court will dismiss it

Question 2

Overrule

Answer 2

a decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law

Question 3

Affirm

Answer 3

a decision is affirmed when the litigants appeal the trail court decision and the higher court agrees with what the lower court has done

Question 4

Prima facie case

Answer 4

when the prosecution or the plaintiff must be able to prove in order for the case to go to the jury - that is, the elements of the prosecution’s case or the plaintiff’s cause of action

Question 5

Regulations

Answer 5

laws promulgated by an administrative agency

Question 6

Reverse

Answer 6

a decision is reversed when an appellate court disagrees with the decision of a lower court

Question 7

standards (burden) of proof

Answer 7

the necessity of proving the truth of the matter asserted

Question 8

remand

Answer 8

when an appellate court sends a case back to the trial court for a trial or other action

Question 9

compensatory damages

Answer 9

money awarded to the plaintiff in payment for his or her actual losses

Question 10

punitive damages

Answer 10

money awarded to the plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others

Question 11

holding

Answer 11

in a case brief, the court’s answer to the issue presented to it; the new legal principle established by a court opinion

Question 12

nominal damages

Answer 12

a token sum awarded when liability has been found but monetary damages can not be shown

Question 13

concurring opinion

Answer 13

an opinion that agrees with the majority’s result but disagrees with its reasoning

Question 14

Stare decisis

Answer 14

the doctrine stating that normally once a court has decided one way on a particular issue, it and other courts int he same jurisdiction will decide the same way on that issue in future cases given a similar set of facts, unless they can be convinced of the need for a change

Question 15

jurisprudence

Answer 15

the study of law and legal philosophy

Question 16

dissenting opinion

Answer 16

an opinion that disagrees with the majority’s decision and reasoning

Question 17

precedent

Answer 17

one or more prior court decisions

Question 18

substantive facts

Answer 18

in a case brief, facts that deal with what happened to parties before the litigation began

Question 19

element

Answer 19

a separable part of a statute that must be satisfied for the statute to apply

Question 20

procedural facts

Answer 20

in a case brief, the facts that relate to what happened procedurally in the lower courts or the administrative agencies before the case reached the court issuing an opinion and how the appellate court disposed of the case.

Question 21

statute

Answer 21

a law enacted by a state legislator or by Congress

Question 22

issue

Answer 22

arises when the law is applied to specific facts and the result is not obvious. In a case brief, the statement of the problem facing the court. In an IRAC analysis, the statement of the clients problem. In probate law, a lineal heir.

Question 23

persuasive authority

Answer 23

analogous court decisions from an equal or lower court from the same jurisdiction or from a court with a different jurisdiction

Question 24

ordinance

Answer 24

a law enacted by a local government; a subcategory of statutory law

Question 25

statute of limitations

Answer 25

the law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost

Question 26

remedial statute

Answer 26

a statute enacted to correct a defect in prior law or to provide a remedy where none exists

Question 27

What does law mean and what are its functions?

Answer 27

- rules governing behavior and interactions - procedure or mechanism for dealing with disputes or violations of substantive rules - philosophical principles - The functions are to maintain social order and promote ability of all to achieve basic needs

Question 28

Articles of US Constitution mentioned in class

Answer 28

- Due Process (5th and 14th amendments) - Supremacy Clause: the power to preclude state courts from hearing a case or considering an issue...the federal court can have exclusive jurisdiction (Article VI)

Question 29

Constitutional Democracy vs. Pure Democracy

Answer 29

CD: system of government where the power of the government is limited and defined by written law (The Constitution) PD: democracy where the government is run by people rather than representatives

Question 30

Marbury v. Madison

Answer 30

(1803) Sig: formed the basis of judicial review by Article III of the Constitution Facts: on the last day of office, John Adams elected officials to keep Federalists in control once Jefferson was sworn in. The papers were not sent in before Jefferson took office, but it was assumed that the officers would come into power simply because it was decided before Adams left. The man, Marbury, created a case against the Supreme Court to make Madison approve the Commissions. The issues included whether or not Marbury had the right to commission and whether or not the Supreme Court had the right to go over the rules in the Constitution and render them void.

Question 31

Brown vs. Board of Education

Answer 31

(1954) Facts: it was suspected that even though schools were supposed to be "separate but equal" in regards to race, this was not the case. The issue was whether or not these schools were actually significantly different enough to allow desegregation. It was found that the schools were not equal, and therefore unconstitutional. Since then, it has been illegal to segregate schools based on race.

Question 32

McCullough v. Maryland

Answer 32

(1819) Facts: Maryland enacted a statute that created a tax for all banks in the state that were not chartered. The banks were not allowed to issue bank notes except on stamped paper issued by the state. The tax was used to pay for this paper that the banks needed to buy. McCullough was a banker who issues notes without the tax and he was being sued. He countered that this was unconstitutional. Issues: Does Congress have the authority to incorporate a bank? Does Maryland have the right to issue a tax on something that is controlled by Congress? Ruling: McCullough won his case because the bank should not be able to tax a Congress ruled entity.