Find study materials for any course. Check these out:
Browse by school
Make your own
To login with Google, please enable popups
To login with Google, please enable popups
Don’t have an account?
To signup with Google, please enable popups
To signup with Google, please enable popups
Sign up withor
1. What is common law?
1.What is litigation?
2.What is alternative dispute resolution?
3.The U.S. has over ___________ (number) systems of courts
4. What are two types of court systems?
How do the three separate powers balance oneanother?
The Congress is comprised of the House of Representatives and the Senate.
a) How many voting members are there in the house?
b) And how many senators are there?
What is the Commerce Clause?
What is the substantial effect rule? What impact did the ruling in Wickard v. Millburn have on this rule?
What does the dormant aspect of the CommerceClause govern? What does it hold?
What is the supremacy clause?
Even in cases where there is no conflict, ifCongress demonstrates to exercise______ 1 ____ ___ 2 ____ over an issue, federallaw ______ 3 _______.
What are three key executive powers?
Article 3 of the Constitution creates theSupreme Court and permits Congress to establish___1___ courts within the___2___court system.
What are the two key functions of federalcourts?
What is judicial activism?
5. What is the responsibility of the trial court?
6. What is meant by the term jurisdiction?
What is judicial restraint?
The amendments to the Constitution protect thepeople from the___________ of state and federal government.
The First Amendment guarantees rights of:
The 14th amendment guarantees ________ _______ of the law.
The first amendment states that “Congress shallmake no law…… abridging the________ of speech.
What was the court’s ruling in Texas versus Johnson?
Even when speech is protected, the governmentmay regulate the ___1__, ___2_ and ____3___ of such speech.
What is commercial speech?
The government may regulate other commercialspeech, provided that the rules are ____1____ and directed to a _________2___________.
1. Under what circumstances would an employer beliable for an employee’s injuries if the employee was injured?
What was the court’s ruling in the Tarasoff v.Regents of the University of California case (p. 78) What does that rulingmean?
What are examples of taking the liberty?
The fact finder and a formal hearing processmust be ___________.
What does the takings clause prohibit a Statefrom doing?
What is eminent domain?
What is substantive due process?
What are considered fundamental rights?
7. What are two types of jurisdiction?
8. What is mean by the term subject matter jurisdiction?
9. What is meant by the term “trial courts of limitedjurisdiction”?
Classification based on sex must meet a toughertest than those resulting from economic or social regulation. Such laws mustsubstantially _____1_____ to important government__2_____.
Any governmental action that intentionallydiscriminates against racial or ethnic minorities or interferes with thefundamental right, is presumed_________.
10. What is mean by the term “trial courts of generaljurisdiction”?
11. When does personal jurisdiction exist (when is itgenerally applicable)?
How is a new law created?
List three reasons why bills are proposed?
1. Courts are called upon to interpret a statute(explain exactly what the language means and how it apples in a given case).List the three primary steps in the court’s statutory interpretation.
12. What is a long-arm statute?
13. What is an appellate court and how does it differ fromtrial courts?
14. What can happen if the trial court makes an error oflaw?
15. If a party to a law suit (plaintiff or defendant) losesat the trial court level what can he or she do next?
16. Who or what is the appellant?
17. Who or what is the appellee?
If the President vetoes a bill sent up fromCongress to signed into law, what if anything can Congress do and what is requiredfor Congress to be successful?
What is administrative law?
List 10 examples of administrative agencies.
Why does Congress need to create administrativeagencies?
What was the first administrative agency createdby Congress?
Administrative agencies exist at the_______________________,_____________________and__________________________________ levels (3 levels).
18. What is the State Supreme Court?
19. If a party to a lawsuit that has been appealed to theCourt of Appeals loses the appeal, what can he or she do? Is there an absoluteright to appeal at the next level?
20. What are 10 types of Federal Courts?
21. There are only two types of civil lawsuits permitted infederal court. What are they?
22. What is meant by the term “federal question”?
what are the two classifications of agencies,what is an important difference between the two?
How does Congress create a federal agency? (Hint:by passing_________________________).
What three kinds of powers does anadministrative agency possess?
23. When is the concept of diversity jurisdiction applicable(name two requirements).
24.The U.S. District Court is the ___________ trial court inthe federal system.
25. How many district courts are there in the nation?
26. Who nominates all federal judges to the bench?
27. How many U.S. Court of Appeals circuits (geographicalareas) are there?
28. How many justices are there on the U.S. Supreme Court?
29. What is a writ of certiorari?
30. Is the U.S. Supreme Court required to grant a writ ofcertiorari?
31. How many judges must be in favor of granting a writ ofcertiorari?
To create a new rule is to_________________________it.
List two types of rules.
______________________________rules are the mostimportant rules and they are much like __________________________________.
32. What documents are required to begin a law suit?
33. What are these documents?
34. What is a default judgment?
35. What is a counter-claim?
36. What is a reply?
37. What is a class action?
38. What is discovery and why is it important?
39. What are interrogatories?
40. What are depositions?
How does an administrative agency create a law?
Do interpretive rules change the law? If not,why not?
What are the two basic methods of rulemaking?Describe each.
Administrative agencies are allowed to conductinvestigations of companies or persons who are alleged to be violating laws,rules and regulations. One investigatory method is the use of a subpoena. Whatis it? What is a subpoena duces tecum?
There are some limits to an agency’s investigation.The information sought in the investigation must be: (list three requirements)
Under certain circumstances an agency mayconduct a surprise search of an enterprise and seize any evidence ofwrongdoing. Under what circumstance can the agency do so?
The administrative agency may adjudicate a case.What does that term mean?
What is an administrative law judge?
Is there a jury in the administrative hearing?
What are the four primary methods of controlthat limits an administrative agency’s power?
What is the Freedom of Information Act (FOIA)and how does it “avoid government by secrecy”?
What are the exceptions to the FOIA disclosurerequirements?
What does the 1974 Privacy act prohibit thefederal agencies from doing?
41. Who is the deponent?
42. In production of documents and things, what may eachside ask the other side to do?
43. May a party ask the court to order a physical and mentalexamination of the other party?
44. What is a motion for a protective order?
45. What are parties entitled to discover during thediscovery process?
46. What is e-discovery?
47. What is a summary judgment?
48. What type of system is our trial system?
49. Is there a right to trial by jury?
50. What is voir dire?
51. What does voir dire mean?
52. What is the burden of proof in a criminal case and whatdoes it mean?
53. What is the burden of proof in a civil case and whatdoes it mean?
54. Who goes first in a trial (the plaintiff or defendant)?
55. What is meant by the term direct examination?
56. What is meant by the term cross examination?
57. What is a directed verdict?
58. What is judgment non obstante verdedicto?
59. What is a precedent?
60. If the losing party appeals the decision to the court ofappeals, and after reviewing the case, the court of appeals may take one offour actions. What are those four actions and what do they mean?
61. What is meant by the term “harmless error”. What is theimpact on the court of appeals decision in the case of a harmless error?
62. What are three types of alternative dispute resolution?
63. What is the fastest growing method of disputeresolution?
64. What is the advantage of mediation?
65. What is the difference between mediation andarbitration?
What is a tort? Give two examples.
What is the definition of intentional tort?
List 5 categories of intentional torts
List and describe two types of defamation?
List two valid defenses to a claim of defamation?
What are the elements of defamation (what the plaintiff mustprove).
What is slander per se?
Discuss the concept of opinion as it relates to theallegation of defamation.
Who are considered public figures? Do they get receive moreor less protection from defamation?
If a public official or public figure sues a newspaper fordefamation because of an unflattering article published by the paper, thepublic official or figure must prove actualmalice in the statements by the defendant. What is meant by the termactual malice as it applies in this situation?
Regarding online defamation, does the internet serviceprovider have any immunity from defamation suits? If so, under what law. If not, why not?
What is meant by the term “false imprisonment”? Give anexample of false imprisonment.
What is intentional infliction of emotional distress? Fromwhat does it result?
What is the tort of battery?
What is the tort of assault?
What is tort of trespass?
What is the tort of fraud?
What is the tort of conversion? Give an example.
What is meant by the term compensatory damages and what areincluded in those damages?
What is the single recovery rule?
What are punitive damages and under what conditions willthey be awarded?
What is “tortious interference with business relations”?
What is “tortuous interference with the contract”?
What is a defense to the “tortuous interference withcontract” claim?
What is “tortuous interference with the perspectiveadvantage”?
What is the tort of intrusion? Give an example.
What is the Lanham Act? To whom or what does it apply?
What is criminal procedure
To What is the purpose of a criminal law?
What is restitution?
What is the burden of proof in a criminal case?
When does a defendant have a rightto a jury trial?
What is a felony?
What is a misdemeanor?
How are crimes “created”?
The Fifth and Fourteenth Amendments require that language of criminal statutes be clear and definiteenough that (list two requirements):
A defendant is not guilty if she acted under _____________?
What is entrapment?
What does the Fourth Amendment tothe Constitution prohibit?
What must a warrant specify with reasonable certainty?
What is probable cause?
List seven circumstances underwhich the police may search without a warrant
What is the exclusionary rule?
What are the two exceptions to theexclusionary rule?
What does due process require?
What is meant by the term“capacity”?
Discuss capacity in terms of a“minor” party to the contract.
Define and discuss disaffirmanceas it relates to a minor.
Define and discuss restitution as it relates to a minor.
What is the rule regarding timing of disaffirmance and ratification as it relates to a minor?
What is the exception rule and necessaries?
What is the rule ofmisrepresentation of age as it relates to a minor?
When is a person considered mentally impaired?
Is a court ruling of mental impairment required?
What kind of contract does aperson suffering from a mental impairment create?
What does the law presume inregards to mental capacity?
What is the rule in terms ofintoxication as it rules to a contract?
What must a mentally infirmedperson who seeks to void a contract do in terms of restitution?
What are four claims that can bemade when a party to a contract makes an effort to rescind a contract basedupon lack of valid consent?
What is misrepresentation as itrelates to a contract?
What is an innocent misrepresentation?
What is innocent misrepresentation?
What is a fraudulent misrepresentation?
What three (3) things must beproved by a party to a contract and who wishes rescind a contract based uponmisrepresentation or fraud?
What is puffery? Does it amount to fraud?
When is a statement made whenentering into a contract considered to be a false statement?
When is a statement considered to be a material statement?
What is justifiable reliance? Givean example
Does a party to a contract have aduty to investigate the other party’s factual statement?
What is the plaintiff’s remedy for misrepresentation or fraud?
Under the UCC sale of goods, can aparty rescind a contract and the sue for damages whether the misrepresentationis fraudulent or innocent?
In what four (4) situations doessilence or non-disclosure of a fact amount to misrepresentation? Please listand discuss.
What is the definition of mistakeas it relates to contracts?
What is a bilateral mistake?
What is the rule as to the contract when there is a bilateral mistake?
What is the rule regarding conscious uncertainty as it relates to the thing being exchanged?
What is a unilateral mistake?
What is the rule regarding the rescission of a contract due to a unilateral mistake?
What is the rule of contract made under duress?
What is economic duress as itrelates to a contract?
When a court analyzes the claim of economicduress, what four factors will the courts consider?
What must the injured party to the contract prove in a claim of undue influence?
According to the statue of frauds which agreements must bein writing and signed by the defendant?
True or false: Once an agreement is fully executed, it doesnot matter if the agreement was unwritten:______
What is meant by the phrase “interest in land”?
Give three (3) examples of interests in land.
If a seller completely performs her side of an oral contractfor an interest in land, will the court enforce it?
Can the buyer of land be able to enforce a contract if hepaid part of the purchase price andeither entered upon the land or madeimprovements to it?
Does promissory estoppel apply in an oral contract forinterest in land?
What is the statute of frauds rule about contracts that can’tbe completed in one year?
What is a collateral promise?
What is the exception to the collateral promise rule?
Discuss the promise made by an executor of an estate rule.
What are the general requirements of a contract or(memorandum of understanding)in terms of signatures, identification of parties,subject matter, terms and conditions?
Give three examples of a signature that is acceptable underthe statute of frauds?
Are electronic signatures valid in all 50 states?
The UCC requires that the sale of goods be in writing if thegoods are worth how much?
Under the UCC Section 2-201 (1) what is the “basic rule”?
What is the merchant’s exception?
Under UCC under what situations can an oral contract beenforceable even without a written memorandum?
Define the term “parol evidence”.
What is an integrated contract?
What is the parol evidence rule?
Under what circumstances will a court permit parol evidence?
What is the effect of a licensing requirement upon a contract? Does it make a difference if the license requirement is designed to raise revenue?
What is meant by the term bailment?
What is an adhesion contract?
Sign up for free and study better.
Get started today!