Test 1

Question 1

Purpose of Law

Answer 1

Order and stability, resolving disputes, protection of life and property, and defense of individual liberties

Question 2

Order and stability

Answer 2

Laws allow people to plan their days and lives and cooperate in an orderly fashion

Question 3

Resolving Disputes

Answer 3

A system of laws tries to ensure that disputes are resolved not according to strength or emotion, or mob mentality, but according to procedures designed to pursue truth and fairness

Question 4

Protection of Life and Property

Answer 4

Criminal statutes punish people who violate the physical safety of property rights of others. Civil law provides for remedies for victims of crime of those who are injured or defrauded.

Question 5

Defense of Individual Liberties

Answer 5

The constitution and many state laws protect individuals rights to express unpopular opinions, worship as you want, associate with those you want, keep your home private, refrain from testifying against yourself, and own firearms.

Question 6

What is law?

Answer 6

Laws are the norms of behavior codified by authorities and enforced via promise of violence on the part of the state

Question 7

Sources of Law

Answer 7

The constitution, state legislatures, federal agencies, the president, and courts through judicial opinions

Question 8

Skills to foster

Answer 8

Logical reasoning, a neutral disposition, clarity and gravity in writing, and willingness to consider and defend the unpopular

Question 9

Law school admissions

Answer 9

Your LSAT and GPA are by far the most important factors when being considered for a law school

Question 10

Moot Court

Answer 10

A simulated appeal to a high court

Question 11

What lawyers do?

Answer 11

Many lawyers rarely step foot into the court but instead work outside of private firms for the government, in education, for private businesses, and for public interest,

Question 12

Litigation

Answer 12

Most cases settle outside of court so litigation attorneys spend most of their time meeting and interviewing clients, conducting legal research, drafting motions, pleadings, briefs, and other litigation documents, collecting and reviewing evidence, taking depositions, and negotiating

Question 13

Transactional attorneys

Answer 13

Advise clients and negotiate things like business deals not court settlements, draft contracts, help with real estate, and make sure that their clients activities comport with the law

Question 14

Public interest attorneys

Answer 14

Use the law and court system to achieve policy goals rather than just outcomes for particular clients

Question 15

Legal practice areas

Answer 15

Even within the categories of litigation or transactional law there are many specialities and sub-specialities

Question 16

Specialization

Answer 16

Some attorneys focus on a very narrow area of laws and others are generalists that have a very broad practice ranging from criminal defense to divorces to contracts

Question 17

Law firm structure

Answer 17

Partners own the firm and direct its legal operations. Associates are subordinate attorneys hired with the hope of eventually making partner.

Question 18

Government attorneys

Answer 18

Many government attorneys work as either prosecutors or public defenders. The attorney general essentially serves as the head lawyer for the government.

Question 19

Attorney client privilege

Answer 19

Ensures that communications between an attorney and client remain confidential

Question 20

Attorney client privilege exceptions

Answer 20

Attorneys cannot disclose client communications about past illegal behavior but can disclose to prevent future death or serious bodily harm

Question 21

Jurisdiction

Answer 21

the legal authority of a court to hear a case and issue a legal ruling

Question 22

Subject matter jurisdiction

Answer 22

The authority of the court to hear the type of case and is typically determined by the statute, cannot be waived or altered by the parties

Question 23

Personal jurisdiction

Answer 23

Asks whether the court has authority over the people involved in a case; can be established in a variety of ways like domicile/place of business, personal, consent, and minimal contacts; can be waived by the parties

Question 24

Federal jurisdiction

Answer 24

Cases can be heard in federal court if they involve a federal question(federal statutes, the US constitution, federally protected rights, and federal agency rules)

Question 25

Diversity jurisdiction

Answer 25

Allows federal courts to hear claims that do not involve a federal question if the parties are residents of different states and the amount in controversy is at least $75,000

Question 26

Concurrent jurisdiction

Answer 26

Can exist both between and within the state and federal systems

Question 27

Supplemental jurisdiction

Answer 27

State Supreme Court decisions would be binding on federal court

Question 28

Legislative oversight

Answer 28

Because jurisdiction in primarily granted by statute, jurisdiction can be taken away

Question 29

Judicial restraint

Answer 29

Courts can only hear cases with active controversy, will not issue porsopective opinions, accept cases only if they are specific and other remedies have failed, and side step political questions