test 1

Question 1

Statute

Answer 1

law created by Congress/legislative branch

Question 2

Precedent

Answer 2

previous case or legal decision that is followed in later similar cases

Question 3

Common Law (or case law)

Answer 3

use of precedents in court

Question 4

Tort

Answer 4

wrongful act that causes harm to person or property and results in compensation

Question 5

New York Court System

Answer 5

1. Supreme Courts (62 each county)
2. Appellate Division (4) (federal; diff. states only)
3. NY Court of Appeals (final stop)

Question 5

Sources of Law (3)

Answer 5

1. US Constitution
2. Statutes
3. Precedents

Question 6

Jurisdiction

Answer 6

having power, right, or authority to interpret and apply the law (must have subject matter + personal jurisdiction over defendant)

Question 7

Subject-matter jurisdiciton

Answer 7

authority of court to hear case based on what it is about (being in the right court)

Question 8

In-personam jurisdiction

Answer 8

based on residence, location, and activities of defendant

Question 9

Long-arm statute

Answer 9

used to obtain in-personam jurisdiction over non-residential defendants

Question 10

Diversity Jurisdiction

Answer 10

cases when both citizens are from different states (and amount exceeds 75,000)

Question 10

Adversary system

Answer 10

legal system where there is a judge and jury to decide

Question 11

Pleadings in a case

Answer 11

Complaint - states plaintiffs claim
Answer - responds to complaint (affirmative defense or counterclaim)

Question 12

Bench Trial

Answer 12

just judge (determines law)

Question 13

Jury Trial

Answer 13

judge and jury (determines facts)

Question 14

Alternate Dispute Resolutions (3)

Answer 14

1. Arbitration
2. Mediation
3. Settlement

Question 15

Civil Law

Answer 15

1. plaintiff is the injured party
2. more likely than not

Question 16

Criminal Law

Answer 16

1. plaintiff is the people
2. beyond a reasonable doubt

Question 17

Amendment 4

Answer 17

protects citizens from unreasonable search and seizure (expectation of privacy)

Question 18

Amendment 5

Answer 18

prohibits self-incrimination (plead the fifth)

Question 19

Amendment 6

Answer 19

right to speedy trial

Question 20

Amendment 8

Answer 20

Protection against cruel/unusual punishment

Question 21

Types of Torts (4)

Answer 21

1. Intentional
2. Reckless
3. Negligence (most common)
4. Strict Liability (inherently dangerous)

Question 22

Elements of proving Negligence

Answer 22

1. Duty of care (foreseeability)
2. Breach of duty
3. Causation (must prove actual AND proximate (foreseeability))

Question 23

Negligence Per Se

Answer 23

proof of itself to be negligent (violation of statute/law)

Question 24

Intentional Torts

Answer 24

1. Assault 2. Battery 3. Intentional infliction of emotional distress (outrageous behavior)