Packet #1

Question 1

the study and science of the law

Answer 1

jurisprudence

Question 2

our judicial system operates through two parallel, independent, multi-tiered systems: _______ & ________.

Answer 2

State and Federal

Question 3

T/F Most law suits are filed in a state trial court

Answer 3

True

Question 4

if either party is sufficiently dissatisfied, the decision may be appealed to the __________ court and then (usually only if the court grants permission) to the ___________ court.

Answer 4

Intermediate, States highest

Question 5

______ dictate what you must do

Answer 5

laws

Question 6

______ dictate what you should do

Answer 6

ethics

Question 7

Our court system has both a ______ and ______ jurisdiction

Answer 7

Civil & criminal

Question 8

T/F Only federal courts handle both civil and criminal cases

Answer 8

FALSE, both state and federal courts handle both

Question 9

T/F Courts have different sets of rules for civil and criminal matters

Answer 9

True

Question 10

_________ law represents crimes against society

Answer 10

Criminal

Question 11

Criminal or Civil law?

• Prosecuted in the public interest
• Burden of proof is “beyond a reasonable doubt” (over 50%)
• penalties are usually fines, imprisonment and capital punishment

Answer 11

Criminal

Question 12

________ law represents wrongs against an individual

Answer 12

Civil

Question 13

Criminal or Civil law?

• usually brought by one individual against another
• prosecuted in the private interest
• burden of proof is “preponderance of evidence” (only 50%)
• Penalties are usually monetary or equitable remedies

Answer 13

Civil

Question 14

T/F Civil cases are more about money and property

Answer 14

True

Question 15

What category do simple malpractice cases fall into?

Answer 15

Civil

Question 16

What category do personal injury cases fall into?

Answer 16

Civil

Question 17

What category does worker’s compensation fall into?

Answer 17

Civil

Question 18

T/F The accused wrongdoer in a civil case has less at stake than a criminal defendant

Answer 18

True

Question 19

A form of civil law, not just an agreement.

Answer 19

Contract Law

Question 20

a _______ is any agreement between two or more parties that a court will enforce because the agreement creates legally binding obligations between/among parties

Answer 20

Contract

Question 21

T/F Contracts need to be in writing in order to be legally binding

Answer 21

FALSE

Question 22

What are the contract types?

Answer 22

• Bilateral
• Unilateral
• Formal
• Informal
• Expressed
• Implied/Quasi
• Valid
• Void

Question 23

Parties must be ________ to enter into a contract and have mutual assent/meeting of the minds

Answer 23

competent

Question 24

__________ is something of legal value given by each party. Promise can be of legal value.

Answer 24

Consideration

Question 25

__________ of one party makes the promise of other party enforceable.

Answer 25

Consideration

Question 26

____________: consideration may also be a sacrifice, giving something up or refraining from doing something.

Answer 26

Legal Detriment

Question 27

T/F Patient may rely on doctor's promise to his or her detriment

Answer 27

True

Question 28

T/F Adequacy of consideration is usually not considered by the courts unless unfair (unconscionable)

Answer 28

True

Question 29

T/F Consideration may be nominal ($1)

Answer 29

True

Question 30

___________ parties legally and mentally capable of entering into a contract

Answer 30

Competent parties

Question 31

Key is understanding of the legal obligation created by the ________.

Answer 31

Contract

Question 32

______________ legal right of incompetent party to set aside agreement

Answer 32

Disaffirmation

Question 33

3 types of disaffirmation?

Answer 33

minors, under the influence, mental illness