Intro to Law - Exam 1

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Statutes

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103 Terms

1

Statutes

Laws passed by legislature deriving from bills

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2

Common Law

Judge-made law that gives the concept of legal precedent

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3

Where is Federal Law primarily found?

The U.S. Constitution, statutes, regulations, and cases interpreting these sources

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4

Does the U.S. government have Common Law?

No

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5

The Common Law of all cases are written by __

A state court of a given subject

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6

Who writes precedent cases?

Appellate judges

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7

In trial court, the judge is the finder of __ and the jury is the finder of __

Law; Facts

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8

How many judges are in the Appellate Court?

3

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9

Does the Appellate Court have a jury?

No

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10

How many justices are in the Supreme Court?

7

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11

Which two courts create precedence?

Appellate and Supreme Courts

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12

Stare Decisis

The basic principle of law

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13

Does Stare Decisis still apply when interpreting non-Common Law rules?

Yes

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14

What are US District Courts?

Federal Trial Courts

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15

How many US District Courts does each state have?

At least one

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16

What is Limited Jurisdiction?

A court is only enabled to hear a limited amount of civil cases

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17

What cases can Limited Jurisdiction courts hear?

Federal Court Jurisdiction, Diversity Jurisdiction, Admiralty, Patent + Contract + Trademark (can't be state), Antitrust (can't be state), and actions against foreign governments

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18

What is General Jurisdiction?

A court can hear any case except ones removed from its jurisdiction

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19

What jurisdiction are U.S. District Courts? What about the California Supreme Court?

Limited; General

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20

What is Diversity Jurisdiction?

An idea that gives federal courts the ability to decide on cases based around state law

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21

Is Complete Diversity necessary for District Courts to hear all civil actions?

Yes

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22

What are the two States of Incorporation?

Primary Place of Business + States of Incorporation

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23

In state civil cases, what is the fraction of a jury that needs to vote in a majority to decide on a case?

9/12

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24

In federal civil cases, what is the fraction of a jury that needs to vote in a majority to decide on a case?

ALL.

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25

Where is the Central District of the Courts of California?

LA

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26

Where is the Northern District of the Courts of California?

San Francisco

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27

Where is the Southern District of the Courts of California?

San Diego

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28

Where is the Eastern District of the Courts of California?

Sacramento

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29

How many justices are in the U.S. Supreme Court?

9

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30

What fraction of a majority decides the outcome of a case in the U.S. Supreme Court?

5/9

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31

What is a Petition for Writ of Certiorari?

A party's attempt to convince the Supreme Court that their case should be heard because it is a federal issue

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32

What is a Writ of Certiorari?

A form of order for the appellate courts to set up the case for the Supreme Court

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33

Which court always has the last say in an issue?

Supreme Court

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34

Who nominates federal judges?

The president

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35

How long are Article III judges appointed for?

Life

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36

What are Superior Courts?

State Trial Courts

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37

Can a small claims court have a jury?

No

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38

Can a small claims court party have a lawyer?

No

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39

Can small claims court decisions be appealed?

Yes, by the losing side ONLY

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40

Can a judge be replaced in small claims court?

One time

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41

What has to happen for a judge to be replaced in small claims court?

Both parties have to agree on a new judge

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42

What is a commissioner?

A judicial officer elected by the court to make small claims court decisions when no judge is present

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43

What type of court is the California Superior Court?

General Jurisdiction

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44

What cases are filed in Superior Court?

All except small claims court cases

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45

How many years do judges serve before they have to be re-elected in Superior Court?

6

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46

If a new judge is elected halfway through their predecessor's term, do they have to go through the election process when it is over?

Yes

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47

Where are appeals from the Superior Court in Unlimited Jurisdiction cases filed?

A California Court of Appeals

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48

Where is the 1st district in the CA Court of Appeals?

San Francisco

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49

Where is the 2nd district in the CA Court of Appeals?

Los Angeles

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50

Where is the 3rd district in the CA Court of Appeals?

Sacramento

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51

Where is the 4th district in the CA Court of Appeals?

San Diego, Riverside, Santa Ana

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52

Where is the 5th district in the CA Court of Appeals

Fresno

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53

Where is the 6th district in the CA Court of Appeals

San Jose

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54

How many judges are needed for a California Court of Appeals case?

3

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55

Who needs to vote in a judge in a federal appellate court?

A majority of the Senate

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56

How many years do Court of Appeals justices and California Supreme Court justices serve?

12

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57

What appointment takes place in the Court of Appeals to keep a justice in the courtroom?

a Confirmation Appointment where voters agree on whether to keep them or not

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58

What petition is needed to bring a case to the California Supreme Court?

Petition for Review

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59

What happens in a Petition for Review?

One party argues why the case is important, and the other argues why it isn't

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60

How many justices need to agree to view a case in the California Supreme Court?

4/7

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61

When a Chief Justice elects a judge in the California Supreme Court to write a Calendar Memorandum, what are they asking them to write?

The facts of the case, facts of law, and what the law says about the case's results

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62

How many justices have to agree that the Calendar Memorandum is sufficient?

4/7

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63

What is justice?

Fairness

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64

Is justice subjective or objective?

Subjective

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65

What was Richard Posner's opinion on economics?

The economy should have few decisions and allow competition to work itself out

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66

How is justice measured?

How something affects groups of people

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67

How does the government pay for everyone's salary in the courtroom?

Tax dollars

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68

Will the government appoint a lawyer to defend someone in a civil case?

No

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69

What are 2 types of cases that can't be settled?

Probate and Divorce

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70

Some lawyers only get paid if they win a case.

True

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71

An example of a firm that only gets paid if it wins is __

A plaintiff-only firm

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72

What percentage of payment if a typical contingency fee?

1/3%

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73

If a case is settled, do plaintiff-only lawyers get 1/3% of the money?

Yes

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74

What are partners?

People who own a law firm

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75

What are associates?

Lawyers of a law firm

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76

What is an "Of Counsel" person?

Someone who has an office at a firm and can assist lawyers there but does not give legal advice or represent a party in court

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77

What are paralegals?

Legal professionals who have training or experience that qualify them to assist a lawyer

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78

What are law clerks?

Employees who are still in school but work at a firm

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79

What is the difference between state law clerks and federal law clerks?

Federal law clerks are no longer in school, but state law clerks typically are

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80

When is someone allowed into the well in a courtroom?

If the judge grants permission

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81

What people are allowed to walk past the bar in a courtroom?

Lawyers, jurors, court personnel, and witnesses

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82

Who provides security in a Superior Courtroom?

A Bailiff

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83

Who provides security in a Federal Courtroom?

A U.S. Marshall

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84

Who provides security in a civil courtroom?

A courtroom attendant

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85

Where should a lawyer go when permitted to speak with the judge away from the jury?

The sidebar

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86

In a civil case, is the plaintiff or the defendant closer to the jury?

Plaintiff

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87

In a crime case, is the plaintiff or the defendant closer to the jury?

Defendant

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88

In a criminal court case, how much of the jury has to agree on a solution?

100%

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89

In a civil court case, how much of the jury has to agree on a solution?

75%

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90

Do federal court trials require a unanimous jury?

Yes

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91

How many jurors does a typical courtroom have?

12 jurors

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92

What are the 3 types of law schools in California?

ABA Approved, State Bar Approved, and Unaccredited

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93

What are the 3 possible tests that law school students may take to graduate?

LSAT, JD-Next, and GRE

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94

Does the LSAT or the GRE require a writing sample?

LSAT

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95

What do lawyers exist for?

To serve the needs of their client

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96

Lawyers are ___ of the court

Officers

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97

What did the 13th amendment do?

Abolish slavery

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98

What did the 14th amendment do?

Prevent states from abridging the privileges or immunities of US citizens

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99

What did the 15th amendment do?

Prohibited the federal government from denying the right to vote based on color, race, or previous conditions of servitude

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100

What was the issue with the first 10 amendments?

They did not apply to the states

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