Quiz 1 (CH. 3 & 9)

Question 1

What is civil dispute resolution?

Answer 1

typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury

Question 2

What does civil dispute resolution have to do deal with?

Answer 2

Deals with private disputes and not criminal

Question 3

What are the main aspects that occur in the trial court level?

Answer 3

Plantiff files lawsuit against the defendant
- defendant must either file and ANSWER or MOTION TO DISMISS
- enter discovery (interrogatory, deposition)
- Motion for summary judgement

• IF motion is denied–> jury must review information and make a judgment

Question 4

What are the symbols of defendant and plantiff?

Answer 4

Defendant = triangle
Plantiff= pie math symbol

Question 5

What is discovery?

Answer 5

period of time where parties discover each other evidence (can ask questions of other side)

Question 6

What is an interrogatory?

Answer 6

identify witnesses-
- who are asked questions that will be answered in writing

Question 7

What is a deposition?

Answer 7

can take a private deposition where they swear to tell the truth and are asked questions of witnesses

Question 8

What is the end of discovery? How do most end?

Answer 8

all evidence and information is known to all parties
- Most cases determined during or after discovery

Question 9

What is a motion for summary judgment?

Answer 9

Follows discovery
- considered a motion to dismiss based on the evidence and judge decides whether the case goes to trial or not

Question 10

When the jury are brought in on a trial, what happens?

Answer 10

judge identifies and explains the applicable rules of law and they must apply the rules to the facts of the case in order to reach a decision

Question 11

If the plantiff or defendant lose their case in trial court, what they can do and where does the case go?

Answer 11

They can appeal it and it will go to the Intermediate Appellate Court

Question 12

What occurs in the Intermediate appellate court?

Answer 12

-get transcripts and therefore have no ability to determine credibility
- solely address the questions of law

Question 13

What happens if the case is appealed past the intermediate appellate court?

Answer 13

Goes to the highest court of appeal

Question 14

What occurs in the highest court of appeal? What is petition for centarori?

Answer 14

there is a petition for certification- a request that the Supreme Court order a lower court to send up the record of the case for review.

Question 15

What are the three courts in which the judicial system is organized?

Answer 15

1) Trial court
2) Intermediate appellate court
3) Highest appellate court

Question 16

What is jurisdiction?

Answer 16

power to hear and decide a case

Question 17

What are the ways in which a state court can have jurisdiction over a case?

Answer 17

1) Subject matter jurisdiction
AND (both together)
2) Personal jurisdiction or IN Rem Jur.

OR

3) General jurisdiction

Question 18

What is subject matter jurisdiction?

Answer 18

the type of court
- the power to address a subject in the certain type of court
- have to file in proper court for case to not be dismissed

Question 19

What are the types of subject matter courts?

Answer 19

property, traffic, small claims, probate, family

Question 20

What are the ways in which a court has personal jurisdiction?

Answer 20

1) Defendant voluntarily subjects themselves to jurisdiction
a) forum selection clause
b) doesn’t object to personal j.
c) Participates
2) Defendant is resident in state of lawsuit (where it was filed)
3) If defendant is served with the process in the state of filling
4) specific jurisdiction (sued in state where you had action)

Question 21

What is general jurisdiction?

Answer 21

defendant has sufficient minimum contacts within the state

Question 22

What is process?

Answer 22

the complaint and summons

Question 23

What is In rem jurisdiction?

Answer 23

jurisdiction based on location of real estate in a state

Question 24

What are the two ways in which a federal court can have jurisdiction over a case?

Answer 24

1) Subject matter jurisdiction
OR
2) Personal jurisdiction

Question 25

What are the two types of federal subject matter jurisdiction needed to have jurisdiction?

Answer 25

Either exclusive or concurrent

Question 26

What is exclusive (subject matter jur.)? Examples?

Answer 26

case can only be heard in a federal court 1) Federal tax 2) Federal intellectual property 3) Bankruptcy

Question 27

What is concurrent (federal)?

Answer 27

the federal court and state court both have the power to hear the case

Question 28

What are the two types of qualifications for a concurrent federal case?

Answer 28

federal question jurisdiction - diversity jurisdiction

Question 29

What is federal question jurisdiction?

Answer 29

suing for violation of federal law

Question 30

What is diversity jurisdiction?

Answer 30

citizens/residents of one state or country sue that of another state or country AND amount must be greater than $75k

Question 31

What is civil procedure?

Answer 31

rules of procedure that dictate what happens in a civil lawsuit (federal or state)

Question 32

What is a complaint?

Answer 32

motion to sue made by plantiff - lists out cause of action and jurisdiction and facts of what they want to prove

Question 33

What is an answer? When is it done?

Answer 33

defendant responds to each of allegations in complaint and answers either admit, deny, or without knolwedge - usually done following motion to dismiss

Question 34

What is ADR?

Answer 34

Alternative Dispute Resolution

Question 35

What is the other thing besides ADR?

Answer 35

litigation

Question 36

What are the three examples of ADR?

Answer 36

1) Settlement 2) Mediation 3) Arbitration

Question 37

What is a settlement? Importance?

Answer 37

Attorney's agree to settle on a case - sign NDA - doesn't involve court

Question 38

What is mediation?

Answer 38

- ordered by court - independent 3rd party helps come to a settlement - can take place at any time during a case

Question 39

What is arbitration?

Answer 39

private agreement made previously by parties to have a neutral party come and make a decision based on the provided evidence - legally binding and no appeal available

Question 40

What are arbitration clauses?

Answer 40

within contracts, where one cannot sue if the clause is signed and therefore is governed by the FAA (Federal arbitration act)

Question 41

What kind of jurisdiction is the federal arbitration act applying to typically?

Answer 41

applies to federal question jurisdiction

Question 42

Why is the FAA important?

Answer 42

Important because one cannot sue no matter the circumstances or even if the state law negates it (FAA law supercedes state law

Question 43

What are the primary advantages of arbitration?

Answer 43

- Private - Less adversarial - Expertise (pick someone that is an expert) - Easier to enforce internationally

Question 44

What are the four elements a contract?

Answer 44

1) Agreement 2) Consideration 3) Capacity 4) Legality

Question 45

What does legality refer to?

Answer 45

whether or not something (whether it be a transaction, document, object, person, or a person's actions) is in accordance with the law

Question 46

What is an agreement?

Answer 46

mutual acceptance and offer between two parties

Question 47

What does consideration refer to?

Answer 47

what the offerer asked for in exchange for a promise - both parties must ask for something

Question 48

What does capacity refer to? What are the 3 ways?

Answer 48

even though agreement made, one of the individuals lacks capacity to make the deal b/c either: - under 18 - mentally incapacitated - intoxication

Question 49

Why are the 4 elements of a contract important?

Answer 49

because all 4 must come together for a contract to be considered valid

Question 50

What are the types/classifications of contracts?

Answer 50

A.) Bilateral and Unilateral B.) Contracts based on enforceability C.) Expressed contract vs implied contract D) Executory vs Executed

Question 51

What is a bilateral contract?

Answer 51

promise for a promise - both parties made legal promise enforceable by law

Question 52

What is an example of bilateral contract?

Answer 52

"you work for me for one year and you will get 100k per year " - didn't start working yet, promise of payment

Question 53

What is a unilateral contract?

Answer 53

promise for an act - only way for a contract to be true is that an act must be done first

Question 54

What is an example of a unilateral contract?

Answer 54

a reward to find and return a puppy - Must go and find/return before contact can be completed (promise for act)

Question 55

What are the classifications of contracts based on enforceability?

Answer 55

1) Valid contract 2) Unenforceable contract 3) Voidable contract 4) Void contract

Question 56

What is a valid contract?

Answer 56

has all elements of "k" and no defense to enforceability

Question 57

What is a unenforceable contract?

Answer 57

has all elements of contract but is unenforceable for another reason

Question 58

What is a voidable contract?

Answer 58

contract that is otherwise enforceable, but one or both have the right to cancel it

Question 59

What is a void contract?

Answer 59

void agreement, if it is void, then it is completely unenforceable - could include statute of limitations

Question 60

What is an expressed contract?

Answer 60

stated, agreed in words - created by parties' words - can be written or verbal

Question 61

What is an implied contract?

Answer 61

created by the party's actions (implied or assumed based on pattern or precedence)

Question 62

What is interesting about implied and expressed contracts?

Answer 62

a contract can go from an expressed to implied

Question 63

What is an executory contract?

Answer 63

not fully performed - contract not yet fully performed

Question 64

What is an executed contract?

Answer 64

fully performed contract

Question 65

What are the two forms of Alternative Theories of recovery?

Answer 65

1) Quasi contract 2) Promissory Estoppel

Question 66

What are alternative theories of recovery?

Answer 66

alternative to a breach of contract

Question 67

What is a quasi contract's goal?

Answer 67

prevents unjust enrichment

Question 68

What are the elements/properties of Quasi contract?

Answer 68

1) Elements - Plantiff provides benefit to defendant (AND) - Defendant knowingly accepts benefit (AND) - unfair for defendant not to pay 2) Defendant pays reasonable value

Question 69

What is the goal of promissory estoppel?

Answer 69

protects reasonable reliance

Question 70

What are the elements/properties of promissory estoppel?

Answer 70

1) Elements a) Defendant makes a promise AND b) Defendant should expect plantiff to act in reliance (AND) C) Plantiff does act in reasonable reliance (AND) D) Plantiff suffered detriment 2) Defendant pays reliance damages

Question 71

What are the sources of contractual law?

Answer 71

1) Common Law (real estate/services) 2) Article 2 of Universal Commercial Code (contracts for goods) 3) Hybrid contract - Predominate factor test (selling a house with furniture)

Question 72

Rules of law from practice example: Written out

Answer 72

A valid contract requires an agreement (offer and acceptance) between two or more parties, which the court will enforce in the event of a breach. In order for there to be a valid offer, the offeror must exhibit objective intent to enter into a binding contract, the material terms of the proposed contract must be definite and reasonably certain (e.g, what the offeror is willing to do and what they want the offeree to do in return), and the offer must be communicated to the offeree. It must be more than preliminary negotiations (“Can we make a deal here?”), sales talk (“This car is a great deal”), invitations for offers (“I would expect to receive at least $500”), or requests for more information (“Does this car come with a CD player?”).