RAT REVIEW

Question 1

What kind of relief will a plaintiff be awarded for a civil case?

Answer 1

money

Question 2

What caused Natural Law Theory to lose dominance as a philosophy of American jurisprudence?

Answer 2

it had been used to justify racial discrimination, and other economic discrimination

Question 3

what classification of law refers to the organization of the government system or steps that implement the law?

Answer 3

procedural law

Question 4

who enacts statutes?

Answer 4

congress

Question 5

What type of law requires proof “beyond a reasonable doubt?”

Answer 5

criminal law

Question 6

what is judicial interpretation?

Answer 6

scrutiny of legislation to determine its meaning and may be required because the statute is not specific

Question 7

what is sociological theory?

Answer 7

a theory of jurisprudence that the law ought to strike a balance between changing, and frequently conflicting, interests over time

Question 8

what is a “reporter”?

Answer 8

a bound volume of chronological judges’ decisions that create the common law, such as contract law

Question 9

what is the most common definition of “the law”

Answer 9

body of rules meant to serve as guides for good behavior

Question 10

what branch of the government under the US Constitution articulates general policy?

Answer 10

congress

Question 11

what is the exclusionary rule?

Answer 11

the judicial branch checks the executive branch and illegally obtained evidence is inadmissible in court

Question 12

what was the watershed event that occurred in october of 1929?

Answer 12

stock market crash

Question 13

which part of the US Constitution voids State’s laws that come into conflict with Federal laws?

Answer 13

article VI (6)

Question 14

when was the US Constitution ratified?

Answer 14

1789

Question 15

when did William the Conqueror defeat Harold the Saxon?

Answer 15

1066

Question 16

in the constitution, where are most of the powers of congress set fourth?

Answer 16

article 1 section 8

Question 17

legislation at a local level is generated where?

Answer 17

county council

Question 18

describe the state regulation of interstate commerce rule:

Answer 18

even federal law does not preempt state law, there can be no direct conflict between state law and federal law

Question 19

plessy v. ferguson said what?

Answer 19

separate but equal is NOT a violation of the equal protection in the 14th amendment

Question 20

what is the “fourth” branch of the government?

Answer 20

administrative agencies

Question 21

what is the heart of common law?

Answer 21

stare decisis

Question 22

how does legislature override a veto of legislation by a chief executive?

Answer 22

2/3 majority vote in both state and senate

Question 23

mens rea means what?

Answer 23

guilty mind

Question 24

how does a court get jurisdiction over a defendant?

Answer 24

defendant is physically handed written notice of trial.

Question 25

where are civil cases viewed (regarding venue?)

Answer 25

where the incident occurred

Question 26

what are general trial courts called in the State of Washington?

Answer 26

superior court

Question 27

describe discovery:

Answer 27

each side finds out in advance what evidence the other side is going to present

Question 28

what does plenary jurisdiction mean?

Answer 28

state courts hear any kind of kcase unless the power was given up to the federal government

Question 29

what does remand mean?

Answer 29

appellate court finds error regarding admission of testimony and hands the case back to the trial court for a new trial

Question 30

what is a private nuisance?

Answer 30

the unreasonable interference with the use and enjoyment of just few other people's property

Question 31

what type of invention would be considered patentable?

Answer 31

an invention reflecting a "flash of thought."

Question 32

what is property (if it's not a thing)

Answer 32

a right

Question 33

what is required of a person who has been unjustly enriched?

Answer 33

restitution

Question 34

is a copyright tangible or intangible?

Answer 34

intangible

Question 35

the law of bailment is a major part of what law?

Answer 35

warehousing law

Question 36

describe joint tenancy:

Answer 36

land is owned with at least one other person, one dies, the interest in the land passes to the other

Question 37

what was the ruling of the Katko v. Briney case?

Answer 37

man-killing devices are not justifiable against a mere trespasser

Question 38

what type of law overlaps with torts?

Answer 38

criminal law

Question 39

what is prima facie?

Answer 39

plaintiff establishes all the elements of the cause of action

Question 40

who, in a tort case, determines the defendant had a duty of care?

Answer 40

the judge

Question 41

what does the plaintiff prove in a negligence case?

Answer 41

harm

Question 42

what does tort mean?

Answer 42

wrong

Question 43

what is the legal remedy for breach of contract that compensates a plaintiff for the direct loss caused by the breach?

Answer 43

compensatory damages

Question 44

what does usury mean?

Answer 44

charging excessive interest on a loan

Question 45

what is a breach of contract

Answer 45

failure to perform

Question 46

what is the primary equitable remedy in torts?

Answer 46

injunction

Question 47

acceptance means:

Answer 47

accepting an offer

Question 48

what must there be for an agent to avoid personal liability for a contract?

Answer 48

a principal

Question 49

what is another term for the master-servant doctrine?

Answer 49

respondeat superior

Question 50

what is another term for respondeat superior?

Answer 50

master-servant doctrine

Question 51

what is an agency?

Answer 51

one person consents that another should act on the former's behalf

Question 52

what is the test called to determine whether an employee was acting within the scope of employment (employee committed a tort during the general time frame of his employment)

Answer 52

the zone of risk test

Question 53

what is implied authority?

Answer 53

agent acts in a way reasonably necessary to accomplish the principal's purpose

Question 54

what is a franchise?

Answer 54

one party allows another to sell product, but they determine the details of the sale.

Question 55

what is an independent contractor?

Answer 55

person is hired for a specific job, but the hiring person has no say in how the job is accomplished.

Question 56

what form of business owners' are taxed like a partnership bul also enjoy limited liability of shareholders?

Answer 56

limited liability company

Question 57

when was the Revised Uniform Partnership Act promulgated?

Answer 57

1997

Question 58

what is an important cause for the invention and popularity of the corporate form?

Answer 58

owners are insulated from liability

Question 59

what is the main point of a sole proprietorship?

Answer 59

no legal distinction between the business and the individual who owns it

Question 60

how is the owners' interest in a corporation manifested?

Answer 60

ownership of stock certificates

Question 61

is a new owner of a sole proprietor ship responsible for the old creditors debts?

Answer 61

no

Question 62

what form of business organization created by congress ameliorates the burdens of double taxation?

Answer 62

a "s" corporation