Chapter 1&2

Question 1

Law

Answer 1

A collection of rules and regulations that govern the affairs of a community
and are enforced by a legal authority. There are multiple sources of law
including Constitutional law and laws enacted, enforced, and interpreted by
the three branches of government.

Question 2

Constitution

Answer 2

A document that sets forth the basic principles of government,
including limits on government power. The federal government, as well as all 50
states, has a constitution.

Question 3

Legislative Branch

Answer 3

A Congress (or legislature), either state or federal, is the legislative branch of
the government comprised of elected officials in the Senate and in the House of
Representatives.
- responsible for enacting and
amending statutory laws.

Question 4

Statutory Laws (Statutes)

Answer 4

written laws adopted by legislatures at
all levels of government. The function of statutes is to create the law within a
particular area governed by an authoring legislature. The statutes will only be
valid within that area.

Question 5

Executive Branch

Answer 5

enforces existing laws through
elected officials or administrative agencies, which are
created by the executive branch. When statutes require
further explanation to be applied to real-life scenarios, the
executive branch or an administrative agency will create
regulations.

Question 6

Regulations

Answer 6

“rules and administrative codes issued by
governmental agencies at all levels, municipal, county, state
and federal. Although they are not laws, regulations have
the force of law, since they are adopted under authority
granted by statutes, and often include penalties for violations.”

Question 7

Judicial Branch

Answer 7

interprets constitutions or other existing laws through the federal and
state court systems. When a court makes a decision in a legal case, and authors a written opinion,
the decision is referred to as case law.

Question 8

Common Law

Answer 8

the collective body of case law which establishes precedent for future cases.

Question 9

Precedent

Answer 9

exists when a prior reported opinion of an appeals court establishes the legal rule
for future cases involving the same legal question.

Question 10

Binding Precedent

Answer 10

exists within a specific court
system and must be followed by all courts within
that system at the same or lower level.

Question 11

Persuasive precedent

Answer 11

can come from any
court system

Question 12

Court System

Answer 12

a structured collection of individual courts

Question 13

What are the three primary court systems?

Answer 13

– *Federal Court System
– *State Court System
– Administrative Court System

Question 14

Jurisdiction

Answer 14

a court’s ability to hear a case and
provide remedy. In order to hear a case, a court must have:
– Personal Jurisdiction – power over the parties in the
case
– Subject Matter Jurisdiction - the power to hear the type
of case
CONCURRENT JURISDICTION - when one case qualifies for both federal and state jurisdiction

Question 15

What one of the following criteria must be met to obtain federal subject matter jurisdiction?

Answer 15

The claim must arise from federal statutes or the U.S. Constitution (federal questions jurisdiction)
– The claim must be filed by (or against) the federal government
– The amount in controversy exceeds $75,000 and all opposing parties live in different states (diversity of citizenship jurisdiction)

Question 16

Appeal

Answer 16

1. If a party to the lawsuit does not feel the law was properly
   interpreted or applied in the District Court, he or she may appeal the
   case on the basis of legal error; in other words, ask a higher level
   court to review the case for mistakes of law.
2. The United States Supreme Court (USSC) is the highest tier in the
   federal court system. To appeal a case to the USSC, the
   appellant must request certiorari.

Question 17

Certiorari

Answer 17

1.“An order of a higher court to a lower court to send all
the documents in a case to it so the higher court can review the lower
court’s decision.”
2. If the USSC grants certiorari, they are accepting the case for review.
– Four of the nine Supreme Court Justices must approve.
3. Each year, the USSC accepts less than 5% of certiorari requests.

Question 18

State Court System

Answer 18

1. A State Court has personal jurisdiction over parties that reside in the state, conduct
   business in the state, consent to jurisdiction (typically through court appearance) or have
   sufficient “minimum contact” with the state (a court determines if a party has enough
   contact with the state to make jurisdiction appropriate).
2. Subject matter jurisdiction exists for any event or activity that occurred within the state.

Question 19

Standing

Answer 19

The legal right to file a lawsuit.

Question 20

Plaintiffs

Answer 20

Party filing the lawsuit

Question 21

Defendant

Answer 21

Party against whom the claim is filed.

Question 22

Class action lawsuit

Answer 22

Large group of people filing lawsuit collectively against defendant

Question 23

Complaint

Answer 23

A formal pleading to the court that must state both the factual and legal basis for the claim. Filed by plaintiff.

Question 24

Summons

Answer 24

Issued to defendant once complaint is filed. Gives the name and file
number of the lawsuit and instructs the defendant to file an answer or other
response.

Question 25

Statute of limitations

Answer 25

the maximum amount of time a potential plaintiff can wait
before filing a legal claim

Question 26

Damages

Answer 26

monetary compensation rewarded as a remedy for defendant liability

Question 27

Discovery

Answer 27

the period of time during which both parties gather facts and
information to be used as evidence in a trial. ex: Documents and depositions

Question 28

Motions

Answer 28

formal requests made to the court seeking a specific action or decision.
* Motion for judgment on the pleadings
* Motion to dismiss
* Motion for summary judgment