Chapter 1

Question 1

Answer

Answer 1

In a civil suit, initial document filed by the defendant which may deny the plaintiffs claims or may offer a specific defenses under law

Question 2

Discovery

Answer 2

The pretrial process of fact-finding performed by both sides in a civil suit include deposing (formally questioning) prospective witnesses for the opposing side

Question 3

Deposition

Answer 3

A part of the discovery process in which potential witnesses for the opposing side are interviewed with attorneys present and with the transcript created

Question 4

Summary judgment

Answer 4

Judicial ruling to the effect that even in any facts in dispute are presumed in favor of the opposing party, the party seeking the order must prevail as a matter of law; such judgments avoid having to present facts to a jury or even to have a full trial

Question 5

Arraignment

Answer 5

A criminal defendants initial appearance before Judge at which time formal charges will be made and a plea may be offer

Question 6

Indictment

Answer 6

The document by which the government articulates a list of charges against a criminal defendant

Question 7

Grand jury

Answer 7

A jury impaneled for the purpose of determining whether sufficient cause exist to charge one or more possible defendants with a crime

Question 8

Petit jury

Answer 8

In criminal law, the jury that actually decides the defendants guilt or innocence

Question 9

Jurisdiction

Answer 9

Geographic area governed by specific court or subject matters which that court is empowered to adjudicate

Question 10

“American rule”

Answer 10

Procedure in this country whereby each side in the civil case generally pays its own legal expenses

Question 11

What are the three levels of the federal judiciary?

Answer 11

District courts, circuit courts of appeal, & Supreme Court

Question 12

True or false that federal judges are appointed for life while states vary as to whether judges are appointed or elected

Answer 12

True

Question 13

What are the five sources of communication law?

Answer 13

Constitutions, statues, executive orders, administrative agencies, common law

Question 14

Who developed constitutional law?

Answer 14

Developed by the framers of the US Constitution and state governments for state constitution

Question 15

The US Constitution is the yardstick for resolving what central legal question?

Answer 15

Is the law at issue “constitutional” or “unconstitutional”?

Question 16

What are the five causes of the first amendment?

Answer 16

Freedom from religious indoctrination, freedom to practice religion, freedom of expression, freedom of the press, freedom to complain to Government officials

Question 17

What is the establishment clause?

Answer 17

Freedom from religious indoctrination

Question 18

What is the free exercise clause?

Answer 18

Freedom to practice religion

Question 19

What is the free-speech clause?

Answer 19

Freedom of expression

Question 20

What is the free press clause?

Answer 20

Freedom for the press as an institution

Question 21

What is the petition clause?

Answer 21

Freedom to complain to government officials

Question 22

Who created the statutory laws?

Answer 22

Created by legislature, enforced by executive, and interpreted by judiciary. Classic theory of Separation of powers

Question 23

What is the fourth amendment?

Answer 23

Freedom from unreasonable search and seizure

Question 24

What is the fifth amendment?

Answer 24

Due process of law apply to federal government

Question 25

What is the sixth amendment?

Answer 25

Right to speedy, public, and fair trial

Question 26

Who developed and enforced the administrative regulations?

Answer 26

Developed and enforced by relevant agency, i.e. FCC, FTC and environmental protection agency

Question 27

Who issues executive orders?

Answer 27

Issued by the executive branch of government

Question 28

Who developed common law?

Answer 28

By the judiciary (i.e. Judges, magistrates, “the courts”) through the passage of time, multiple lawsuits, and ongoing refinement of core principles

Question 29

True or false: decisions are based on tradition instead of a specific statue in common law?

Answer 29

True

Question 30

Precedent

Answer 30

A court decision made prior to the one being argued at present, which at least one litigant suggest counts as a reason for ruling in a specific way in the current case

Question 31

When presented with the precedent, a court may do one of four things:

Answer 31

Follow it, distinguish it, modify it or overturn it

Question 32

What does the phrase stare decisis mean?

Answer 32

Let the decision stand

Question 33

Federalism produces two parallel court systems in federal and state spheres what are they?

Answer 33

Trial and appellate courts

Question 34

What do District Court’s do?

Answer 34

Conduct trials, involve hearing witnesses in evaluating evidence, findings of fact “and “conclusions of law”

Question 35

What do appellate courts do?

Answer 35

Review cases appealed from the District Court

Question 36

What is en banc?

Answer 36

A ruling by an entire federal appellate court (instead of a three judge panel)

Question 37

True or false: appellate courts decide only “questions of law” they will not review “findings of law” unless clear error made by District Court

Answer 37

True

Question 38

What is the process of civil litigation?

Answer 38

Plaintiff files complaint with proper Court, defendant files answer, discovery, summary judgment, trial, the levels of proof

Question 39

Complaint

Answer 39

Document filed by the plaintiff in a civil case alleging the wrongs done by the defendant