Test 1

Question 1

Law

Answer 1

Body of rules of action or conduct that has a binding legal force

Question 2

Common Law

Answer 2

Primarily created by the judicial system “judge made law”. Based on precedents and judges issues opinions when deciding cases.

Question 3

Precedent

Answer 3

A rule of law established in a court decision. Becomes a precedent when it reaches the Appellate courts and must be within same jurisdiction

Question 4

Stare Decisis

Answer 4

“Stand by decision” - Provides for the adherence to precedent

Question 5

Statutory Law

Answer 5

Written laws that covered parties must adhere

Question 6

Separation of Powers

Answer 6

Established by constitution (Legislative/Executive/Judicial). Powers not given to federal gov’t are reserved to the states

Question 7

Constitution

Answer 7

Supreme law of the land - Provides important guarantee of individual rights

Question 8

Plaintiff

Answer 8

The party who files a complaint

Question 9

Defendant

Answer 9

The party who a complaint is being filed against

Question 10

Jurisdiction

Answer 10

Depends on Personal/Property and Subject Matter

Question 11

Personal Jurisdiction

Answer 11

Jurisdiction over a person. A court must have jurisdiction over the parties in a lawsuit

Question 12

Subject Matter Jurisdiction

Answer 12

Federal and state courts have jurisdictions over specific subjects (pg. 57)

Question 13

Long Arm Jurisdiction

Answer 13

Give state personal jurisdiction over a non-resident defendant in a lawsuit as long as the defendant had the “minimum contact”

Question 14

Exclusive Jurisdiction

Answer 14

Court has exclusive jurisdiction, usually defined in terms of subject matter

Question 15

In Rem Jurisdiction

Answer 15

Jurisdiction of the property involved in the lawsuit

Question 16

Quasi In Rem Jurisdiction

Answer 16

Quasi (Attachment) Plaintiff who obtains a judgement in one state tries to collect the judgement by attaching the property of another state

Question 17

Concurrent Jurisdiction

Answer 17

When two or more courts have jurisdiction over specific case. Opens door for (Forum Shopping)

Question 18

Conflict of Law

Answer 18

A set of procedural rules that determines which legal system and jurisdiction apply to a given dispute

Question 19

Judicial Immunity

Answer 19

Protects judges and others employed by the judiciary to be in a lawsuit

Question 20

Finder of Fact

Answer 20

person or group who determines the facts in a legal proceeding

Question 21

Deep Pocket Theory

Answer 21

Go after the person with the most money

Question 22

Complaint

Answer 22

Filed by plaintiff; includes parties, alleges facts and laws violated, contains “prayer of relief”

Question 23

Answer

Answer 23

Defendant admits or denies the allegations contained in the complaint.

Question 24

Default Judgement

Answer 24

When defendant does not respond to a complaint. Default judgement establishes the defendant’s liability

Question 25

Statute of Limitations

Answer 25

period of time during which a plaintiff must bring a lawsuit against a defendant

Question 26

Counterclaim

Answer 26

Defendant brings claim against plaintiff

Question 27

Affirmative Defense

Answer 27

assertive answers by defendant (i.e. self defense/statute of limitations)

Question 28

Deposition

Answer 28

Oral testimony given by a party or witness prior to trial

Question 29

Interrogatory

Answer 29

Written questions submitted by one party to another

Question 30

Voir Dire

Answer 30

Process of "jury selection"

Question 31

Directed Verdict

Answer 31

When a case has no facts for jury to decide, it can go into a directed verdict

Question 32

Judgment Notwithstanding the Verdict (j.n.o.v)

Answer 32

Judge overturns jury's veridic if it finds a bias or jury misconduct

Question 33

Compensatory Damages

Answer 33

an award "usually money" intended to compensate for loss or injury

Question 34

Punitive Damages

Answer 34

Damages awarded to punish the defendant to deter from similar future conduct and set example to others

Question 35

Nominal Damages

Answer 35

Damages awarded when no financial loss has resulted from breach. Usually $1 or small amount.

Question 36

Equity

Answer 36

A doctrine that permits judges to make decisions based on fairness, equality, moral rights, and natural law

Question 37

Specific Performance

Answer 37

a remedy that orders the breaching party to perform the acts promised in the contract

Question 38

Injunction

Answer 38

A court order that prohibits a person from doing a certain act

Question 39

Crime vs. Civil wrong

Answer 39

Crime - positive/negative act that violates a penal law. | Civil - breach of contract or true

Question 40

Burden of Proof

Answer 40

Criminal - guilty beyond reasonable doubt | Civil - clear and convincing evidence

Question 41

Criminal Classification

Answer 41

Felony- mala in se (inherently evil) Misdemeanor- mala prohibita (prohibited by society) Violations - punish by fine

Question 42

Jury Decision in Criminal Case

Answer 42

Unanimous decision

Question 43

If not unanimous, what is is called?

Answer 43

Hung Jury

Question 44

Actus Reis

Answer 44

Guilty Act

Question 45

Mens Res

Answer 45

Evil Intent (criminal intent)

Question 46

Grand Jury

Answer 46

Group of judges who decide if a case should proceed to court - issues an indictment

Question 47

Constitutional Safeguard to defendants (criminal)

Answer 47

5th Amendment - privilege against self incrimination/ right to a lawyer/ Miranda rights/ Attorney client confidentiality/ 8th amend against cruel and unusual punishment/ 6th amend - impartial jury/speedy trial

Question 48

White Crimes

Answer 48

Forgery, Embezzlement, Self-incrimination

Question 49

Commerce Clause

Answer 49

Authorizes the federal gov't to regulate commerce with foreign nations, interstate, within Indian Tribes

Question 50

Wickard v. Filburn

Answer 50

Gov't decided the rights to control the amount of crop to be farmed for personal consumption as it also affected interstate commerce and pricing

Question 51

State Law Interfere w/ Commerce

Answer 51

"States' Police Power" intrastate is regulated by the state. Regulates business conduct

Question 52

Constitution relating to Supremacy

Answer 52

U.S Constitution and federal treaties, laws, and regulations are the supreme law of the land

Question 53

Freedom of Speech

Answer 53

Applies to business and is protected

Question 54

Advertising

Answer 54

It is subject to time, place and manner restrictions

Question 55

Constitutional Protection for Crimes

Answer 55

14th Amendment Due Process - no person shall be deprived of "life, liberty, or property" Equal Protection

Question 56

Eminent Domain

Answer 56

Gov't right to take private property for public use by state.