ACC 241

Question 1

Sources of Law

Answer 1

Constitution, Codified, Administrative, Case

Question 2

What is case law?

Answer 2

Law established by the outcome of former cases

Question 3

Equitable Remedies

Answer 3

Injunction, Recission, Special Performance

Question 4

Stare Decisis

Answer 4

Similar cases decided with same reasoning (not necessarily with result)
Only vertically, not horizontally

Question 5

Differences in Civil vs. Criminal trials

Answer 5

Standard of Proof
Parties
Purpose

Question 6

Civil Standard of Proof

Answer 6

Proponderance of the evidence; more likely tha not, greater than 50%

Question 7

Criminal Standard of Proof

Answer 7

Beyond a reasonable doubt

Question 8

Civil Parties

Answer 8

Usually private parties (sometimes government though)

Question 9

Criminal Parties

Answer 9

Brought forth by government

Question 10

Civil Purpose

Answer 10

Compensate for injuries

Question 11

Criminal Purpose

Answer 11

punish people for their wrong doings

Question 12

Personal Jurisdiction Types

Answer 12

Resident
Non-resident
Property

Question 13

How many Supreme Court Justices have to agree to hear the case before it is accepted?

Answer 13

4

Question 14

What does Supreme Court submit saying they accept the case?

Answer 14

Writ of Cert

Question 15

Federal Jurisdiction

Answer 15

1) Federal Question Jurisdiction

OR

2) Diversity Jurisdiction (Residents of Different States AND >75,000)

Question 16

What cases are exclusive to federal court?

Answer 16

Anti-trust
Bankruptcy
Intellectual Property
Federal Crimes 
Maritime Law
Cases Where the US is a Party

Question 17

Things to worry about with standing:

Answer 17

Are these the right parties? – parties have stake

Is this a real controversy? – no hypotheticals

Question 18

Stages of Litigation

Answer 18

Pleadings, Pre-trail, Trail, Post-Trial, Appeals

Question 19

What is involved in the pleadings?

Answer 19

Summons and Complaint; Answer

Question 20

What things are in a complaint?

Answer 20

Jurisdiction, Cause of action, Ask for Remedy

Question 21

What is found in the answer to a complaint?

Answer 21

Admit or Deny, Affirmative Defense, Counter-Claim

Question 22

Motion for judgement on pleadings

Answer 22

make a motion according to what was pled

Question 23

Motion for summary judgment

Answer 23

if everything is true, it doesn’t matter because the law says nothings wrong with what happened

Question 24

Order in Trial

Answer 24

Plaintiff First, Defendant Second

Question 25

Post Trial Motions

Answer 25

Motion for new trial | Motion for judgment not withstanding the verdict

Question 26

Types of ADR

Answer 26

Negotiation, Mediation, Arbitration

Question 27

Freedom of Speech Types

Answer 27

Fully protected, Limited Protection, Unprotected

Question 28

Establishment Clause

Answer 28

Religion -- Cannot do anything that supports a specific religion

Question 29

Free Exercise Clause

Answer 29

Religion -- cannot pass laws that impinge on the free exercise of religion

Question 30

Protected Clauses

Answer 30

Race, Religion, Color, National Origin

Question 31

Substantive Due Process

Answer 31

must be clear and understandable

Question 32

Procedural Due Process

Answer 32

give notice and opportunity to be heard

Question 33

Responsible Corporate Officer Doctrine

Answer 33

against negligent supervision

Question 34

Burglary

Answer 34

Unauthorized entry into a dwelling with the intent to commit a felony (assault of theft)

Question 35

Robbery

Answer 35

taking personal property from another person or business by the use of fear/force

Question 36

Larceny

Answer 36

taking of property that isnt robbery or burglary

Question 37

Process from Arrest to Trial

Answer 37

Arrest; Booked at Station Initial appearance Arraignment

Question 38

What happens in arraignment

Answer 38

Enter plea Receive charging document Go to sentencing

Question 39

Exclusionary Rule

Answer 39

Government cannot use evidence obtained unlawfully

Question 40

Assault

Answer 40

Attempted Battery -- Fear or apprehension of an IMMINENT harmful or offensive contact

Question 41

Battery

Answer 41

intended harmful contact (remember transferred intent)

Question 42

Invasion of Privacy (4)

Answer 42

Intrusion upon inclusion Misappropriation False Light Publication or Disclosure f Private Facts

Question 43

Libel

Answer 43

written slander

Question 44

Slander

Answer 44

spoken slander

Question 45

Proof of Defamation

Answer 45

False Published to a third party Private (out of negligence) Public (with malicious intent)

Question 46

Disparagement (Trade Libel)

Answer 46

Defamation of a product

Question 47

Types of Intentional Torts

Answer 47

``` Assault, Battery, Invasion of Privacy Defamation Disparagement or Trade Libel Intentional Infliction of Emotional Distress Malicious Prosecution ```

Question 48

Elements of Negligence

Answer 48

Duty Breach of Duty Cause Injury

Question 49

Actual Causation

Answer 49

But/For

Question 50

Proximate Cause

Answer 50

Injury was foreseeable to the defendant

Question 51

Negligence Per Se

Answer 51

Statue describes the duty

Question 52

Res Ipsa Loquitur

Answer 52

Rule of evidence -- on Defendants to prove they weren't negligent

Question 53

What do you need for Res Ipsa Loquitur

Answer 53

Evidence doesn't happen unless someone was negligent | Defendant was under exclusive control

Question 54

Defenses for Neglect

Answer 54

Superseding or Intervening Event Assumption of the Risk Contributory Negligence Comparative Negligence

Question 55

Types of Defects

Answer 55

Manufacturing Design Failure to Warn

Question 56

Defenses for Product Liability

Answer 56

``` Generally known dangers Assumption of Risk Misuse of Product Supervening Event Statute of Limitation and Repose Contributory Negligence and Comparative Fault ```