Chapter 1

Question 1

Legislated Law

Answer 1

Statutes

Question 2

Law based on judicial decisions

Answer 2

Common law

Question 3

What are the five sources of American Law.

Answer 3

1) Constitutions (federal/state)
2) Legislative bodies
3) Courts
4) Executive branches
5) Administrative agencies

Question 4

What are the express powers of congress?

Answer 4

1) regulate commerce among states
2) tax
3) borrow money
4) regulate bankruptcy

Question 5

What are the implied powers of Congress?

Answer 5

They let Congress make laws needed to exercise express powers.

Question 6

What does the Commerce Clause give Congress power to do?

Answer 6

regulate commerce with foreign nations and among states

Question 7

What does the due process clause of the 5th amendment do?

Answer 7

Prevents federal govt from depriving of life, liberty, property without due process.

Question 8

What does the equal protection clause of the 14’th amendment do?

Answer 8

No STATE should deprive anyone of equal protection of law or of life, liberty, or property without due process.

Question 9

This creates uniformity in the regulation of the sale of goods or other transactions.

Answer 9

UCC

Question 10

What does the state court system consist of?

Answer 10

Supreme Court
Appellate courts
Trial courts of general jurisdiction (probate courts)
Mayors courts (lowest courts)

Question 11

What does the Federal Court system consist of?

Answer 11

Supreme Court
US Circuit Courts of Appeal
US District Courts

Question 12

What do Federal Courts have jurisdiction over?

Answer 12

Cases with Federal questions of law
cases where US is defendant or plaintiff
Admiralty/maritime cases
Disputes under grants by different states 
Cases with diversity jurisdiction.

Question 13

When does a legislature have constitutional authority to delegate powers to an administrative agency?

Answer 13

1) scope of delegated power defined
2) agency make rules within scope of delegated power
3) rules subject to court review

Question 14

What are pretrial procedure steps?

Answer 14

1) complaint by plaintiff.
2) summons to defendant (copy of complaint included)
3) defendant files answer (sometimes counterclaim) or entry of appearance
4) plaintiff files reply
5) motions filed by parties (motion to dismiss, motion for judgment on the pleadings, motion for summary judgment
6) discovery procedures (interrogatories, depositions, subpoenas, motions to produce physical evidence)
7) either party can request prettily conference to stipulate some facts.

Question 15

A response to a summons by the defendant. It neither admits nor denies the allegations in a complaint, but states he will appear in court.

Answer 15

Entry of appearance

Question 16

A motion which requests the court to dismiss the claim

due to the plaintiff’s failure to state a claim for which the court can grant relief.

Answer 16

Motion to dismiss

Question 17

A motion which states there is no genuine issue of material fact and the moving party is entitled to judgment based on the law.

Answer 17

motion for summary judgment/motion for judgment on the pleadings

Question 18

What are the 8 steps of trial procedure?

Answer 18

1. Either party may challenge a juror for cause (possible bias) or use a preemptory challenge (to remove a juror without cause).
2. opening statements
3. The plaintiff atty direct examination / defendant atty cross examine
4. The defendant atty direct examination / plaintiff atty cross examine
5. Closing arguments
6. judge instructs the jury on the applicable law or may take the case from the jury.
7. The jury renders its verdict
8. The doctrine of res judicata makes final judgment on an issue binding on the parties in allfuture cases brought on the same matter.

Question 19

If a judge takes a case from the jury, what are the three possible outcomes?

Answer 19

a. directing a verdict
b. declaring a mistrial
c. declaring a nonsuit

Question 20

What are the two possible verdicts?

Answer 20

1) General verdict - one conclusion based on all issues

2) Special verdict - determination of specific findings of fact

Question 21

What is the doctrine of res judicata?

Answer 21

makes final judgment on an issue binding on the parties in all future cases brought on the same matter.

Question 22

Which cases does the doctrine of res judicata apply to?

Answer 22

Only to cases with the same parties and same issues.

Question 23

What does collateral estoppel mean?

Answer 23

once an issue has been decided, it is binding on the same parties in the future.

Question 24

What are the three appellate procedure steps?

Answer 24

1) Either party appeals
2) Each lawyer files a brief and makes an oral argument to the court.
3) Appellate court affirms or reverses, in writing, the lower court’s decision or sends the case back for retrial if the lower court’s error was prejudicial.

Question 25

What is the only thing a party can appeal?

Answer 25

Questions of law, not questions of fact.

Question 26

What does evidence have to be to be admissible?

Answer 26

1) Relevant
2) Material
3) Competent

Question 27

What are the three types of agency procedural rules ?

Answer 27

Legislative
Interpretative
Procedural

Question 28

What are federal agency procedural rules set by?

Answer 28

APA Administrative Procedure Act

Question 29

What are state agency procedural rules set by?

Answer 29

MSAPA Model State Administrative Procedure Act

Question 30

What are the 3 steps in administrative rule making?

Answer 30

1) publish notice of intent to atop regulation in official publication such as public register
2) opportunity for public comment in writing or at public hearing
3) agency either adopts, modifies, or nullifies
4) publishes final rule.

Question 31

Which tools does an administrative agency have?

Answer 31

Subpoena ad testificandum, subpoena duces tecum

Question 32

What are the limitations on agency powers?

Answer 32

4th amendment against illegal search and seizure - requests must be relevant and not unreasonably broad

5th amendment against self-incrimination - witness cannot be forced to incriminate himself

Question 33

What is required before judicial review of administrative agency actions?

Answer 33

1) standing to sue
2) exhaustion of administrative remedies
3) standard for review - action has to be arbitrary/capricious, unconstitutional, exceed statutory authority, result from illegal procedures, unsupported by substantial evidence in the record.