Introduction to Law & Anatomy of a Civil Trial Review - Practice Problems

These flashcards cover essential concepts discussed in the lecture notes related to law, civil trials, and dispute resolution.

What is the process called through which administrative agencies obtain the power to make law?

Delegation

True or False: The government can be a party to a civil suit.

False

What should Judge Dullard do regarding the conflict between a statute and the common law rule he prefers?

He should apply the statute because statutes defeat inconsistent common law rules.

What does the legal school of realism emphasize?

It views laws as a social ordering process reflecting current societal interests and values.

What is considered as judge-made law that controls if no other type of law applies?

Common law

Which type of law would defeat a federal administrative regulation in case of a conflict?

A treaty

What is 'stare decisis' and why is it important in law?

Stare decisis means 'let the decision stand' and ensures consistency and predictability in the law.

True or False: Natural law advocates believe that an immoral law can be considered valid law.

False

What characterizes a civil case?

It regulates rights and duties between individuals and businesses.

What is typically the burden of proof in a civil case?

Beyond a preponderance of the evidence

What does in rem jurisdiction refer to?

The power of a court to exercise jurisdiction over property owned by a defendant.

What type of jurisdiction is granted to federal courts when parties reside in different states and the claim involves more than $75,000?

Diversity jurisdiction

What are the two primary methods of dispute resolution mentioned in your notes?

Litigation and arbitration

When a party receives a favorable judgment, can they appeal that judgment?

Yes, they can appeal.

In the context of a trial, what is a motion for a directed verdict?

A request to the court to rule in favor of one party based on the evidence presented.

What standard of proof does a plaintiff need to meet in a civil lawsuit?

They must prove their case by a preponderance of the evidence.

Which party has the burden to prove a cause of action in a civil suit?

The plaintiff.

What is meant by discovery in a civil lawsuit?

The process of gathering evidence from the other party or from witnesses before trial.

What is the role of the mediator in the mediation process?

To facilitate negotiation and help parties reach an agreement.

What can parties do during a pre-trial conference?

They can clarify issues, agree on facts, and set timelines.

True or False: An appeal can be filed after a jury verdict is reached during a trial.

True

What is one disadvantage of arbitration?

The parties may be barred from using the court system.

What are interrogatories?

Written questions submitted by one party to another party in a lawsuit.

True or False: A trial court can never exercise its jurisdiction without a pretrial hearing.

False

What are the main types of jurisdiction necessary for a court to have authority to hear a case?

Subject matter jurisdiction and personal jurisdiction.

What is an important feature of appellate courts?

They review the record from the trial court to determine if legal errors occurred.

What does it mean if a court exercises in personam jurisdiction?

It has the authority over the person involved in the case.

What is a common characteristic shared by both in rem and in personam jurisdiction?

Both relate to the location of parties or property within a state's borders.