BLAW 3201 Test 1 LSU Mark Fry

law

a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong

functions of a law

to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change.

legal sanctions

are means by which the law enforces the decisions of the courts

laws

morals

are different but overlapping; ________ provides sanctions, while ________ do not

justice

is the fair, equitable, and impartial treatment of competing interests with due regard for the common good.

substantive law

law creating rights and duties.

procedural law

rules for enforcing substantive law

public law

law dealing with the relationship between government and individuals

private law

law governing the relationships among individuals and legal entities

civil law

law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity

criminal law

law establishing duties which, if violated, constitute a wrong against the entire community.

constitutional law

fundamental law of a government establishing its powers and limitations.

common law

body of law developed by the courts and Equity based upon principles distinct from common law and providing remedies not available at law (part of judicial law)

equity law

body of law based upon principles distinct from common law and providing remedies not available at law (part of judicial law)

legislative law

statutes adopted by legislative bodies; includes Treaties and Executive Orders

administrative law

rules, regulations, orders, and decisions made by administrative agencies

reports

Decisions of State courts of appeals are published in consecutively numbered volumes.

statutes

laws that are enacted by legislature

any act or omission prohibited by the government and made punishable in a judicial proceeding brought by the government.

in the common law system on the US, a crime is defined as:

the US constitution

What is the supreme law of the land in the United States?

an example of a remedy that can be obtained from a court of equity is "specific performance"

Which of the following is a remedy that can be obtained from a court of equity?

a. A maxim

b. Specific performance

c. Money damages

d. Stare decisis

C

Which one of the following is NOT true of a suit brought under criminal law?

a. It must be brought by the government.

b. It is brought on the ground of public policy.

c. Proof of guilt must be "by preponderance of the evidence."

d. Conviction may result in imprisonment.

D

Sources of federal law include all but which of the following?

a. Rules of administrative agencies

b. Decisions of federal courts

c. Executive orders of the President of the United States

d. Hearings before the Senate

the federal judiciary

the congress

the executive branch

what does the separation of power involve

constitution

is the fundamental law for a particular level of government

decree

In a court of equity, a chancellor could issue an order called a ________, compelling a defendant to do or refrain from doing a certain act.

administrative law

The branch of public law that deals with the various regulatory functions and activities of the government is:

plaintiff

The person who files or commences a civil lawsuit is known as the:

injunction

A court order requiring that a person do or refrain from doing a particular act is known as a(n):

restatements of law

The ________ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.

1. state administrative regulations

2. executive orders

3. ordinances

The sources of law in the American legal system include:

deterrence

what is a common purpose of the civil and criminal law?

common law legal system

relies heavily on the adversary method for settling disputes.

--It depends heavily on comprehensive legislative enactments called Codes.

administrative law

The area of public law that creates the most rules and decides the most controversies is:

1. Specific Performance

2. Injunction

3. Reformation

name 3 examples of equitable remedies:

equity courts

They were originally presided over by a chancellor.

They provided remedies not available in courts of law.

They followed maxims.

judiciary

adversary system

A common law system relies heavily on the ________ as a source of law and on the ________ for settling disputes.

president

US senate

Under the U.S. Constitution, treaties must be signed by the ________ and approved by the ________

the 9th amendment

The ________ to the U.S. Constitution makes it clear that the enumeration of rights found in the Constitution does not in any way deny or limit other rights that the people retain.

appellant

The party who files an appeal is the:

district courts

trial courts of general jurisdiction that can hear and decide most legal controversies in the Federal system.

court of appeals

hear appeals from the district courts and review orders of certain administrative agencies

-determine whether the trial court committed prejudicial error

if they determine the trial court committed prejudicial error, the appellate court will reverse or modify the judgment and if necessary remand it (send it back) to the lower court for further proceeding.

If no prejudicial error exists, the appellate court will affirm the decision of the lower court.

what happens after the court of appeals examines a case on appeal?

the supreme court

the nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts

special courts

have jurisdiction over cases in a particular area of Federal Law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, and the U.S. Court of Appeals for the Federal Circuit.

inferior trial courts

are state courts that hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money; conduct preliminary hearings in more serious criminal cases

trial courts

are state courts that have general jurisdiction over civil and criminal cases.

state special court

trial courts, such as probate courts and family courts, having jurisdiction over a particular area of State law.

appellate courts

are state courts; include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court.

jurisdiction

means the power or authority of a court to hear and decide a given case.

subject matter jurisdiction

authority of a court to decide a particular kind of case

exclusive federal jurisdiction

Federal courts have sole jurisdiction over Federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases.

state jurisdiction

State courts have exclusive jurisdiction over all matters to which the Federal judicial power does not reach.

jurisdiction over the parties

the power of a court to bind the parties to a suit.

the Personam jurisdiction

jurisdiction based upon claims against a person, in contract to jurisdiction over the person's property.

in Rem jurisdiction

jurisdiction based on claims against property.

attachment jurisdiction

jurisdiction over a defendant's property to obtain payments not related to the property.

civil procedure

civil disputes that enter the judicial system must follow the rules of ________. These rules are designed to resolve the dispute justly, promptly, and inexpensively

the pleadings

a series of statements that give notice and establish the issues of fact and law presented and disputed

complaint

- initial pleading by the plaintiff stating his case.

summons

- notice given to inform a person of a lawsuit against her.

answer

- defendant's pleading in response to the plaintiff's complaint.

reply

- plaintiff's pleading in response to the defendant's answer.

pretrial procedure

process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient.

discovery

right of each party to obtain evidence from the other party.

pretrial conference

a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial.

summary judgement

final ruling by the judge in favor of one party based on the evidence disclosed by discovery.

trial

determines the facts and outcome of the case

jury selection

each party has an unlimited number of challenges for cause and a limited number of peremptory challenges for ________

conduct of trial

consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments

directed verdict

final ruling by the judge in favor of one party based on the evidence introduced at trial.

writ of execution

plaintiff with an unpaid judgment may resort to a _______ to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party.

arbitration

a nonjudicial proceeding in which a neutral party selected by the disputants renders a binding decision (award).

conciliation

a nonbinding process in which a third party acts as an intermediary between the disputing parties.

mediation

a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.

mini trial

a nonbinding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party.

summary jury trial

mock trial followed by negotiations.

negotiation

consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties.

a deposition

is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.

to give notice and to establish what issues of fact and law are disputed.

what is the purpose of a pleading

If the amount of controversy is over $75,000

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court:

made a contract in state A

Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

1. the production of documents

2. written interrogatories

3. depositions

What does the "discovery" stage of trial include?

motion for judgement not withstanding verdict

When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case, the judge grants a:

the discretionary writ of certiorari

The U.S. Supreme Court reviews most decisions of lower courts by:

two

To resolve a lawsuit, a court must have how many different types of jurisdiction?

the pretrial stage, including discovery

The procedural stage of a lawsuit after the pleadings but before trial is:

diversity of citizenship

When a federal court hears a case solely under _______ jurisdiction, no federal question is involved.

special verdict

With a ______, the jury makes specific written findings on each factual issue; the judge then applies the law to these findings.

law; fact

When a trial is conducted with a jury, the judge determines issues of _________ and the jury determines questions of ________.

quasi in rem

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as _________ jurisdiction.

federal procedural law and state substantive law

in diversity of citizenship cases, federal courts apply:

personal jurisdiction

may be obtained by personally serving a person within a state if that person is domiciled (lawful, permanent resident) in that state.

award

the decision of an arbitrator is called a(n):

may be called county, district, common pleas, or superior courts.

State trial courts of general jurisdiction:

demurrer

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

6

a quorum consists of how many justices on the US supreme court?

(1) voluntarily assumed, as by contract, or

(2) involuntarily assumed, as imposed by law.

All forms of civil liability are either

(1) to compensate persons who sustain harm or loss resulting from another's conduct,

(2) to place the cost of that compensation only on those parties who should bear it, and

(3) to prevent future harms and losses.

The law of tort has three principal objectives:

1. a duty owed by one person to another

2. is breached and

3. proximately causes

4. injury or damage to the owner of a legally protected interest.

In general, a tort is committed when: