Law Quiz Review Flashcards

Vocabulary flashcards based on law quiz questions covering jurisdiction, constitutional law, trial procedures, and legal schools of thought.

Which of the following is not an equitable remedy?

A judgment in the amount of $25,000 compensating a person for injuries sustained

In Heart of Atlanta Motel v. United States, under what doctrine did the U.S. Supreme Court hold that the Federal Government could regulate discrimination in public accommodations?

Commerce Claus

Corporations have a right against self-incrimination, as set forth in the Fifth Amendment to the Constitution.

False

Ralph, owner of Comics R Us, a bookstore in Billings, Montana, is suing Western Publishers, a Kansas City, Kansas book wholesaler, for breach of contract. Ralph paid $22,000 for books he claims were never delivered. Where will Ralph properly file suit?

State court in Montana

Which test is used to determine if jurisdiction under a state's long arm statute is proper?

The Defendant must have minimum contacts with the jurisdiction.

The Plaintiff wants to ask questions, under oath, to a witness before trial. The witness is not a party to the lawsuit. What discovery tool can best accomplish this?

Deposition

Jack lives in Nevada. He is driving through Colorado on a road trip to New York. While driving through Colorado he causes a car accident. Teddi is injured. Teddi files suit in State Court of Colorado. Colorado would have personal jurisdiction over Jack based upon which of the following?

Colorado's long arm statute.

Federal Subject Matter Jurisdiction

Is there a substantial governmental interest being served by the restriction?

Does the restriction directly accomplish the governmental interest?

Is the restriction narrowly tailored?

All of these

In which of the following cases would there be Federal subject matter jurisdiction?

A case in which the Justice Department is prosecuting for violations of the Sherman Act.

The ABC Company and the XYZ Company enter a contract. The contract says any disputes related to this agreement shall be heard in the courts of Seattle, Washington. The language is best described as:

A choice of Forum paragraph

If four Justices of the Supreme Court decide to hear an appeal the court will issue a:

Writ of Certiorari

Right Side of the Class Inc. sues Left Side of the Class Inc. The jury returns a verdict in favor of Left Side. Unhappy with the results, Right Side files an appeal. In the appeal:

Right Side is the Appellant

Plaintiff has called their last witness and rests their case in chief. Defendant believes the Plaintiff failed to present evidence to establish their claim. Defendant asks the Judge to rule in favor of the defendant based upon this argument. The request is best described as:

Motion for a Directed Verdict

In a trial, during __________, a party may argue the merits of their claim and attack the evidence presented by the other side.

The Closing

Stare decisis is a Latin term meaning:

Let the decision stand.

In Personam jurisdiction:

Refers to jurisdiction over the parties in a case.

During voir dire, a juror gives responses that make the plaintiff's attorney believe the juror is biased against the plaintiff. The plaintiff's attorney cannot convince the judge of this bias. The plaintiff's attorney decides to strike or remove this juror. This is known as a _____ challenge.

Peremptory challenge

Jurisdiction based upon an item (thing) being located in the forum state is called:

In Rem Jurisdiction

Paul files a lawsuit against Art for breach of contract in New York State Court. Art has never lived in or done any business in New York. Art does not believe the New York State Court has authority to hear the case. Prior to filing an answer to the lawsuit, what motion could Art file to avoid having the case heard in New York?

Motion to Dismiss

An appellate court Justice agrees with the majority, but has different reasoning than that of the majority opinion. That Justice could author what type of opinion?

Concurring

On appeal, the justice finds an error of law was made. A piece of evidence was introduced which should not have been presented to the jury. The court orders a retrial. This time the evidence will not be shown to the jury. The result on appeal is best described as:

Reversed and Remanded

What case established the power of judicial review?

Marbury v. Madison

In the sliding scale applied to internet presence, which of the following is not likely to result in jurisdiction over a defendant?

Passive website as its only presence

Mary operates a coffee shop. In her store she sells pastries she purchases from the Blue Jay Way Bakery Shop. Unfortunately, the Bakery fails to deliver several items, causing Mary to lose money. She files a breach of contract claim against Blue Jay Way. To succeed at trial, she must meet what burden of proof standard?

Preponderance of the evidence

Which of the following is an example of a secondary source of law?

A Restatement of Law

Which school of legal thought states there is a higher or universal law that applies to all beings?

The Natural School

Norman's Diesel Fuel Company is appearing before the Nevada District Court of Clark County. There is no Nevada precedent on the issue. Counsel for Norman cites to case law from Colorado in support of its argument. The precedent cited by Norman is best described as:

Persuasive Authority

If the law impacts a minority, based upon a fundamental right, the court must analyze the law under the equal protection clause of the U.S. Constitution. What test should the court apply?

Strict Scrutiny

Under the U.S. Constitution, states may not put unreasonable burdens on the citizens of another state. This is referred to as the:

The Privileges and Immunities Clause

A decision by the Ninth Circuit Court of Appeals is binding on Federal Courts located in the Fifth Circuit.

False

What procedural rules govern a lawsuit between private parties in the Federal Courts?

The Federal Rules of Civil Procedure

The power of judicial review is an example of:

Checks and Balances

A state law is in direct conflict with a Federal law. Under which doctrine could a court determine the state law unenforceable?

Supremacy Clause

The belief that, to avoid anarchy, a law must be obeyed until it is changed, is part of which legal school of thought?

Legal Positivism

Corporate Political Speech is not protected by the First Amendment.

False

The commerce clause found in Article I Section 8 of the U.S. Constitution authorizes Congress to regulate:

Commerce with Indian Nations

Interstate Commerce

Commerce with Foreign Nations

All of these

In determining if a document is admissible at trial, a Judge must consider the issue under the guidance of:

Rules of Evidence

Daxton Enterprises files a lawsuit against Carson Industries. Daxton is a Nevada Corporation. Carson is a Utah Corporation that does business in Nevada. The dispute is based upon a breach of contract claim. Daxton alleges it is owed $500,000. In which courts could Daxton file its lawsuit?

Nevada State Court or Federal District Court Located in Nevada

Which Amendment to the U.S. Constitution prevents laws that prohibit the practice of religion?

The First

Which of the following is NOT a citation for a U.S. Supreme Court opinion?

798 F.2d 1214

In order to obtain a search warrant, law enforcement must present evidence to a judge that ______ exists.

Probable Cause