Chapter 2

Question 1

Courts

Answer 1

Represent the primary mechanisms for enforcement of laws

provide the muscle for federal regulatory systems such as antitrust, securities law and environment regulations

Question 2

Trial Courts

Answer 2

such as the US District courts and similar state courts, have the first responsibility to consider legal disputes.

determine
1. question of law
2.question of fact

Question 3

questions of law

Answer 3

which are applicable to any dispute on a preliminary basis; this is accomplished by the judge

Question 4

questions of facts

Answer 4

true facts underlying the dispute, sorting through divergent claims of the litigating parties and settling on a conclusion as to why actually happened; this its accomplish either by a jury or by a judge depending on the type of matter involved and choices exercised by parties

Question 5

appellate courts

Answer 5

consider assertion by parties that the trial court applied improper or wrong law, that is questions of law
do not consider questions of facts

Question 6

United States district courts

Answer 6

are the primary trial court for federal matters and all federal matters are initiated here

each district is allotted a number of judges by Congress, depending on case load

Question 7

Magistrate Courts

Answer 7

are positioned bellow district court and handle only certain matters delegated down by the District court.

they are considered to be lower level courts, handling less difficult or important and more routine matters

not organic

judges serve limited terms, not lifetime

Question 8

Circuit courts of appeals

Answer 8

are appellate courts to which parties who dispute the finding of a district court can appeal.

are higher levels courts than district courts and represent the first level of appeal for decisions appealed from the district courts.

appointed for a lifetime

Question 9

the United States supreme court

Answer 9

is the appellate court of last resort in the federal system
Justices must hear certain limited sorts cases automatically but in most cases may decide other or not hear an appeal form the circuit court.

typically heard by all 9 justices

appointment for a lifetime

Question 10

Bankruptcy courts

Answer 10

decisions of a bankruptcy judge are appealable torte circuit court of appeals.

serve a limited, not lifetime terms

Question 11

Court of claims

Answer 11

is an unusual court created by the Congress to adjudicate claims by citizens agains the United States.
compensation when United States exercise eminent domain

serve limited terms

Question 12

Administrative Judges

Answer 12

Certain agencies have the power to utilize _______ to resolve

Question 13

Administrative Judges

Answer 13

Certain agencies have the power to utilize _______ to resolveue

Question 14

Litigations

Answer 14

Disputes are resolved in an enforceable manner in courts

Question 15

Federal rules of civil procedures

Answer 15

defines mandatory process for the litigation of all federal civil matters

Question 16

Federal rules of criminal procedures

Answer 16

mandatory process for the litigation of all criminal matters

Question 17

Federal rules of evidence

Answer 17

govern the admissibly of evidence at the federal trials with regard to all matters

Question 18

Jurisdiction

Answer 18

is the principle that asks whether a court has the legal power to hear a particular matter.

Question 19

venu

Answer 19

asks which court among those having jurisdiction is the best courts to hear the matter

Question 20

Pleadings

Answer 20

are papers filed by counsel to the parties, which activate, frame and define litigations.

Question 21

Complaint

Answer 21

is the document filed by the plaintiff (the person starting the litigations) to being the lawsuit

Question 22

Answer

Answer 22

is the document filed by the defendant (the party being sued) in response to the complaint to admit or deny the allegations made by the plaintiff in the complaint

Question 23

Counterclaim

Answer 23

if the defendant desires to to sue the plaintiff in response
alleging a suit against the plaintiff; the plaintiff must then file an answer to the _______

Question 24

Motions

Answer 24

which are request made by one party to the court requesting certain action.

Question 25

Motions to dismiss

Answer 25

arguing that the court should throw out the lawsuit because it is somewhat legally deficient
Defendent

Question 26

Motion of Summary Judgement

Answer 26

Either party
claiming that there is no real dispute as the facts and asking for the court to decide the case without a trial.

Question 27

Criminal Matter

Answer 27

Grand Jury
Indictment

Question 28

grandy Jury (true Bill)

Answer 28

A prosecution must be initiated by a finding made by a )_____ determining that probable cause exists to believe that a crime has been committed and that the defendant committed that crime

Question 29

Indictment

Answer 29

the prosecutors files
which is a document similar to a complaint in a civil matter
a court than makes a determination concerning the probable cause that a crime has been committed and that the defendant committed the crime

Question 30

Discovery

Answer 30

is the process whereby parties can investigate claims using the power of the court to compel disclosure of information; discovery also allows each party to learn all information known to the other side

Question 31

Deposition (discovery)

Answer 31

where one party compels either another party or any witness to come answer questions under oath in advance of the trial
occur prior to the trail and while they are similar to witness testimony given at the trial , there is no judge present to rule on evidential questions; for this reason, all objections to questions in ________ are reserved to trial, and witnesses generally are required to answer all questions pending evidential ruling later at trial

Question 32

Interrogatories (discovery)

Answer 32

Where one party submits written questions to another; a written answer must then be filed by the party receiving the ______

Question 33

Request for Production of Documents (discovery)

Answer 33

where a party is required to produce for inspections and copying any documents or other other items (tangible Itmes)

Question 34

Request of admissions

Answer 34

where a party is required to admit or deny statements submitted by the other party with financial penalties for failure to admit that which is later proved to be true

Question 35

Juries in criminal mattes

Answer 35

is required to render a unanimous verdict

Question 36

Civil juries

Answer 36

in most states, _______ may decide cases with fewer than al jurors

Question 37

Voir dire

Answer 37

the process of determining which person will actually be asked to sit on the jury and involves questioning of jurors by the judge ad by counsel of each party

Question 38

jurors challenge for cause

Answer 38

each party usually has the right to object to a jury because of some prejudice

Question 39

jurors preemptory challenges

Answer 39

typically each party may eliminate some prospective jurors without stating any reason

Question 40

sequestered

Answer 40

in rare instances jurors are required to stay away form home during the trial to avoid contact with other persons and the media

Question 41

Opening statements

Answer 41

are intended to describe the evidence which that party intends to produce and the case with that party plans to make

plaintiff or prosecutors speaks first

Question 42

Evidence

Answer 42

after opening statement
______ is presented
the party bearing the burden puts on evidence first, followed by the defendant , and then followed by any rebuttal ________

Question 43

Rebuttal evidence

Answer 43

which the plaintiff or prosecutor may need to present to respond to evidence provided by the defendant.

Question 44

Closing Argument

Answer 44

are designed to be argumentative and persuasive

Question 45

Instructions

Answer 45

Telling the jury what they are to do and what law applies
the jury is then released to the jury room to deliberate

Question 46

Judgements

Answer 46

are judicial orders requiring one party to pay another party money (or absolving a party from such judgements)

are written documents , signed by a judge which contain the ultimate effect of th4e disposition of any dispute through litigation

Question 47

Orders

Answer 47

are written or oral directions given by the court; parties are required to comply and the penalty for failure to do is contempt of court which may involve fines or incarcerations

Question 48

Injunctions or Temporary restraining orders

Answer 48

are orders requiring a party to take some actions or refrain from taking some actions, subject to penalties for contempt of court

Question 49

statues of limitation

Answer 49

require that a lawsuit be filed within a certain specified time after the cause of action has become ripe; failure to tile the suit in a timely manner results in forfeiture of the claim

Question 50

Declaratory judgements

Answer 50

are legally conclusive (subject to appeal) and establish in an enforceable manner the respective position of parties.

Question 51

Legal remedies

Answer 51

relate to the law allowing a court to award damages in the form of monetary judgements and then to enforce the right to money by providing mechanism to take. money or items monetary value forcible from a recalcitrant party deemed to owe a sum to the other party

Question 52

Compensatory damages

Answer 52

These damages relate to direct monetary results of the wrongful conduct of the other party
money compensation a party for expenses incurred of the loss of a benefit from a bargain breached

Question 53

Consequential damages

Answer 53

these damages represent monies awarded for more extended and indirect results of the wrongful conduct of a party.

Question 54

Punitive Damages

Answer 54

These are the amounts awarded as punishment for egregious conduct and which are designed to deter future egregious acts.
tort cases

Question 55

Nominal Damages

Answer 55

there is no real quantifiable amount of injury, bu tit is nonetheless appropriate to demonstrate a principle by awarding a “nominal” amount as a small symbolic remedy

Question 56

Liquidated Damages

Answer 56

parties to a contract (not tort or other case) agree in advance that a certain amount of money in fair remedy in the event of a breach.
the court may award that agreed-upon amount as liquidated damages.

Question 57

Specified Performance (Equitable Remedies)

Answer 57

in a contract matter
the court can order a party to do what or she promised, that is, to reverse the breach of contract.
this is more appropriate where a breach cannot be meaningfully remedied by an award of money.

Question 58

Rescission (Equitable Remedies)

Answer 58

where circumstances governed by contract law merit.
a contract an be rescinded, that is declared void ab initio (void from the beginning)
both parties are restored to their pre-contract state

Question 59

Void ab initio

Answer 59

void from the beginning

Question 60

Reformation (Equitable Remedies)

Answer 60

a contract can be essentially re-written by a court, most often to correct a scrivener’s error to typographical mistake.

Question 61

Injunction/Restraining order

Answer 61

where justice merits
a court can order a party to take some action or refrain from some actions

Question 62

Restitution

Answer 62

the convicted criminal may be required to pay _____ to the victim or victim’s family or survivors as a way to provide some partial compensation.

Question 63

Arbitration

Answer 63

offers an alternative to litigation which can be selected by parties but is not imposed by the government unless the parties so agree.

Question 64

Arbitration advisory

Answer 64

in which case the parties are not required to follow the results

Question 65

Arbitration Biding

Answer 65

in which case the result is enforceable upon the parties

Question 66

Mediator

Answer 66

does not render any decisions: rather the job of the mediator is to attempt to act as a facilitator to encourage and help in the consensual settlement of the dispute