LA 201 - Final Exam

Common Law

Common law systems are those based on the concept of precedent or stare decisis. The concept of precedent requires courts to follow the decisions of earlier courts.

Three sources of law

Constitution, statues, and case decisions

Substantive Rights

Define the rights and duties of parties and establish the legal basis for any lawsuit

Procedural laws

Relate to the enforcement of the substantive rights and duties

Crime

Defines behavior that society has declared illegal and has decided to punish

Jurisdiction

A court that has jurisdiction has the power to hear a case regarding a specific issue

_______ contained rules that governed different aspects of society, including criminal laws, domestic relations, and contract laws.

Code

_____ consists of a set of rules and procedures usually intended to regulate some aspect of society.

Law

Which one of the following is not one of the sources of law:
- Constitutional Law
- Statutory Law
- Case Law
- Administrational Law

Administrational Law

______ refers to the fact that the court must have the power or authority to hear a case.

Jurisdiction

Federalism

Two separate governments, federal and state, regulate citizens

Concurrent jurisdiction

Areas that are regulated by both the federal and state governments

Supremacy Clause

When a conflict exists, federal law controls

Texas v. Johnson (1989)

Desecrating a flag is not in violation of the first amendment right of free speech. The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. You cannot be convicted of expressive conduct.

Sources of law

Constitutional law, case law, statutory law, and administrative law

Consitutional Law

The federal government and each state have constitutions. The U.S. Constitution contains the original 7 basic articles in addition to 27 amendments which have been adopted over the years.

Case Law

It uses precedent (old cases) and the concept of stare decisis to decide new cases the same way old cases with similar facts have been decided. It creates consistency.

Statutory Law

Statutes passed by the federal government or the local municipalities. State governments may also provide for statutory law to be created through the voter process, that is, by initiative.

Administrative Law

Administrative regulations placed by Federal Administrative agencies such as the IRS (Internal Revenue Service)

District of Columbia v. Heller (2008)

States cannot pass laws that violate the right to own a fire arm for self defense in the home. The second amendment right to bear arms applies to everyone, not just the militia.

If a defendant is indignant and cannot afford an attorney, he must proceed and represent himself without one.

False

At trial, the plaintiff must prove his or her case by a standard known as preponderance of the evidence. This can best be described as ______.

More than 50%

_______ requires courts to follow decisions of earlier courts.

Precedent

_______ define behavior that society has declared illegal and has decided to punish.

Crimes

If a jury finds no guilt, then the defendant is acquitted.

True

Common law originated with _______.

England

Matters that are not within the express or implied powers of the federal government are generally left to the __________________ to regulate.

States

Tennessee v Garner was a Supreme Court case regarding which of the following issues?

Use of Force

The power of the federal government to regulate and make laws has no limitation.

False

When a conflict exists, federal law control. This is because of the _________.

Supremacy Clause

State governments have the sole power to regulate within their state boundaries.

False

_______ means that the federal government has the exclusive right to regulate a particular subject area.

Preemption

When a state passes a law that conflicts with the Constitution, the U.S. Supreme Court has the power to declare that state law is unconstitutional.

True

Income tax is an example of concurrent jurisdiction.

True

States are said to have general police powers.

True

Levels of federal courts

Supreme court, appeals courts, and district courts

Specialized trial courts

Bankruptcy court, U.S. court of international trade, U.S. claims court, U.S. tax courts

Rule of Four

At least four of the nine supreme court justices must want to hear the case.

How are state judges chosen?

They are elected

Fiduciary relationship

The attorney must exercise the highest degree of trust and care with that client

Ethics for lawyers

State associations can sanction or disbar an attorney who fails to live up to ethical standards. Disbarment results in an attorney being denied the right to practice law in that state. This punishment can be permanent.

Ethics for paralegals

Paralegals are not subject to disciplinary action by the state bar because they are not licensed, but the attorney who is the supervisor for that paralegal may be disciplined for failure to properly supervise.

Ethics of criminal justice professionals

The first, fourth, fifth, and sixth amendments state the responsibilities of law enforcement officers when detaining and arresting those suspected of criminal behavior

What are the requirements for diversity of citizenship?

Issue is between parties of different states and the amount in controversy more than $75,000.

How many justices sit on the U.S. Supreme Court?

9

All federal judges are appointed by:

Appointed by the President

Many states have more than one federal district court.

True

How many Supreme Court justices must vote to hear a case before it can be heard?

4

There are also district courts for the U.S. territories.

True

Which of the following is NOT a specialized trial court?: Bankruptcy Court, Criminal Court, Claims Court, Tax Court.

Criminal Court

The president has absolute authority when appointing federal judges.

False

How many federal appeals circuits are there?

13

All states have trial courts and more than one appellate court.

False

Alternative dispute resolution

Alternative dispute resolution methods include such proceedings as negotiation, arbitration, mediation, and the use of private judges

Benefits of ADR

ADR can reduce costs, eliminate unnecessary delays, and provide the parties with a degree of privacy not available once a lawsuit is filed

Negotiation

Negotiation involves the parties or their attorneys discussing the disputed issues and attempting to resolve their differences

Arbitration

In an arbitration proceeding, parties present their case to a neutral individual or panel of individuals, known as arbitrators, who listen to each side and then make a decision regarding the dispute. Arbitration can be binding. If so, the parties must accept the decision of the arbitrator, and the right to appeal may be limited.

Mediation

Mediation is a process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person, the mediator.
In a traditional mediation process, the neutral mediator assists the parties in coming to an agreement.
A mediator does not decide the disputed issues, but rather they try to get the parties to come to an agreement.

A process where a panel of senior executives from all of the disputing businesses are selected to act as a "jury". Attorneys for the businesses present evidence to this jury. The executives making up the jury then deliberate and try to come to some agreement.

Mini Trial

Which one of the following is NOT a benefit to ADR?

Chance of Recovery

In order for the arbitration agreement to be binding on the parties, a majority of the parties have to consent to an arbitration.

False

A process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person.

Mediation

_______ involves parties or their attorneys discussing the disputed issues and attempting to resolve their differences.

Negotiation

How often is Alternative Dispute Resolution binding?

It may be binding, but it is not required.

When parties present their case to a neutral individual or panel of individuals who listen to each side and then make a decision regarding the dispute, this is called

Arbitration

ADR is becoming a new legal specialty, with attorneys receiving training and advertising their services.

True

The one requirement that all arbitrators, mediators, or neutrals must have is ________.

Neutrality

It is a requirement to be an attorney to mediate a dispute.

False

Marbury v. Madison

The Supreme Court case in which the court ruled it had the power to interpret the Constitution

Freedom of Religion

The government can make no law respecting the establishment of a religion (Establishment Clause), nor can it make any law prohibiting the free exercise of religion. (Free Exercise Clause)
This amendment limits the right of government to interfere in a person's practice of his or her religion.

Sante Fe Independent School District v. Doe

Held that a school allowing a student to deliver a prayer over the public address system before each home varsity football game violated the Establishment Clause

Holt v. Hobbs (2015)

The Supreme Court ruled that refusing to allow someone who was Muslim to grow a short beard violated his religious rights where they were allowing others with skin conditions to grow them.

Freedom of Speech

Extends beyond speech to expression

Defamation

False statements made about someone else is actionable and not protected free speech

Obscenity

Something determined by community standards, but it is not protected free speech

Pornography

Child pornography is not protected freedom of expression, but using adults posing as minors is ok according to the court in Ashcroft v. Free Speech Coalition because an adult playing the part of a minor in a film is not criminal

Protests

The Supreme Court ruled that protest was a protected speech as long as the protesters were obeying restrictions and were not violating any city ordinances

Westboro Baptist Church

Were allowed by the Supreme Court to protest a funeral with signs stating "Thank God for Dead Soldiers", "Fags Doom Nations", "America is Doomed", "Priests Rape Boys", "You're Going to Hell"

United States v Alvarez

The Stolen Valor Act was struck down as unconstitutional

13th Amendment

Abolished slavery or involuntary servitude

14th Amendment

Prohibited any state from denying a person of life, liberty, or property without due process of law

15th Amendment

The right to vote should not be denied to anyone because of race, color, or previous condition of servitude

Brown v. Board of Education (1954)

The Supreme Court ruled in Brown v. Board of Education that the separate but equal policy used in education that supported the use of separate educational facilities for minorities and whites was unconstitutional. The Court reasoned that separating kids on the basis of race created in them a feeling of inferiority as to their status in the community. Since then, there have been court cases on admissions that state race can be considered in determining whether to admit an applicant, but it can't be a significant factor.

Griswold v. Connecticut (1965)

The Supreme Court ruled that a law restricting the use of contraceptives was unconstitutional

Lawrence v Texas

The Supreme Court ruled in Lawrence v. Texas that a state law prohibiting sexual acts between two people of the same sex was unconstitutional

Roe v. Wade (1973)

The Supreme Court ruled that under certain circumstances, a woman had the rights to choose whether she would follow through with an abortion

Which clause states that government can make no law respecting the establishment of a religion?

Establishment clause

Which of the following Supreme Court cases ruled that citizens have the right to keep arms in their home for the purpose of self defense?
- Texas v Johnson
- Lawrence v Texas
- District of Columbia v Heller
- Griswold v Connecticut

District of Columbia v Heller

Which of the following is NOT one of the three branches of government?
- Executive
- Legislative
- Congressional
- Judicial

Congressional

The Supreme Court ruled Westboro Baptist Church's protests of funerals were unconstitutional.

False

The first amendment freedom of speech is absolute.

False

The Supreme Court ruled that citizens who never received military service medals could wear them because that was protected by the first amendment.

True

Which of the following Supreme Court cases ruled that citizens have a right to freedom of expression, and that burning an American flag was protected free speech?

Texas v. Johnson

The Supreme Court has ruled that the freedom of speech does not also include the freedom of expression.

False

The Supremacy Clause states that the Constitution "shall be the supreme law of the land".

True

Which of the following cases ruled that the "separate but equal" policy established for those of separate races was unconstitutional?

Brown v. Board of Education

Intentional torts

An intentional tort is one in which the part committing the tort intends to do the act either knowing or recklessly disregarding its consequences

University of California v. Bakke (1978)

The Supreme Court ruled that while the use of affirmative action programs is legal, they must apply them in such a way that the right of others is not violated.

Gratz v. Bollinger (2003)

Struck down use of "bonus points" for race in undergrad admissions at University of Michigan.

Which amendment abolished slavery or involuntary servitude?

13th Amendment