Chapter 2: U.S. Law & Legal System Basics Exam 1

Question 1

What is the U.S. constitution?

Answer 1

-Became supreme law of the land on Sept 17, 1787
-Establishes the national gov and the 3 branches
-Protects individual rights
-Ensures individual states retain power not given to federal gov

Question 2

True or False: Each state has own constitution & 3 branches

Answer 2

True

Question 3

Legislative Branch

Answer 3

-Makes laws (Statutory Law)
-Congress, Senate, & House of Representatives
-Federal ex: Americans w/ Disabilities Act (ADA), HIPAA, etc.
-State ex: Waiver Statutes, Professional Licensing Statutes, AED Statutes, etc.

Question 4

Executive Branch

Answer 4

-Carries out laws (Administrative Law)
-President, Vice President, & Cabinet
-Federal Agencies enforce the laws: Dept. of Defense, Dept. of Education, Dept. of Health & Human Services

Question 5

Judicial Branch

Answer 5

-Interprets laws (Case Law)
-Supreme Court & Other Federal Courts
-Trial Courts, Intermediate Appellate Courts, & Supreme Courts (Fed & State have these levels)

Question 6

Civil Law

Answer 6

-General Description: Party 1 (plaintiff) & Party 2 (defendant)
-Standard of Proof: Preponderance of the evidence meaning most likely the defendant’s conduct caused the harm
-Burden of Proof: Plaintiff has burden of proof
-Type of Punishment: Defendant liable
-Negligent conduct: breach of contract, civil rights violation, etc.

Question 7

Criminal Law

Answer 7

-General Description: Government & Defendant
-Standard of Proof: Beyond a reasonable doubt
-Burden of Proof: Prosecution must prove defendant guilty
-Type of Punishment: Defendant guilty
-Criminal conduct: Theft, sexual assault, etc.

Question 8

Legal Process of Civil Lawsuits (PRE-TRIAL)

Answer 8

1. Plaintiff speaks with attorney to determine if there is a legal basis for lawsuit
2. Plantiff’s attorney files a complaint
3. Complaint is served via summons to defendant by court officer
4. Defendant must get attorney & file an answer
5. If not dismissed, both parties move to discovery phase

Question 9

Legal Process of Civil Lawsuits (Discovery Phase)

Answer 9

-Learn about facts in dispute between parties
-Interrogatories
-Depositions
-Motions to Produce Evidence

Question 10

Legal Process of Civil Lawsuits (PRE-TRIAL AFTER DISCOVERY PHASE)

Answer 10

-Motion for Summary Judgement
-Out-of-Court Settlement
-Case Moves to Trial (when dismissal or settlement does not occur)

Question 11

Interrogatories

Answer 11

Attorneys question, parties answer under oath w/ legal counsel present

Question 12

Depositions

Answer 12

Oral questioning of parties & witnesses by attorneys under oath w/ legal counsel present)

Question 13

Motions to Produce Evidence

Answer 13

Request sent to judge that require opposing party to provide relevant evidence

Question 14

Motion for Summary Judgement

Answer 14

-Request for dismissal, usually by defendant, due to no genuine issue of material fact
-If dismissed, can be appealed by the plaintiff to higher court with goal of settlement or moving to trial

Question 15

Out-of-Court Settlement

Answer 15

-Defendant’s attempts to settle without trial (defendant doesn’t have strong evidence to defend & less time/money compared to trial)
-Possible for parties not coming to an agreement for settlement

Question 16

Legal Process of Civil Lawsuits (During Trial)

Answer 16

1. Opening statements by both parties
2. Presentation of evidence
3. Calling of witnesses (Plaintiff examines, defendant cross-examines, plaintiff re-cross examines, repeated with defendant’s witnesses)
4. Closing arguments by both parties
5. Decision rendered

Question 17

Fact Witness

Answer 17

Those who saw or heard something & are directly involved in incident in some way

Question 18

Expert Witness

Answer 18

Share knowledge/expertise & educate court regarding the “standard of care” the defendant owed plaintiff

Question 19

Tort Law

Answer 19

-Conduct that reflects a legal wrong that causes harm (physical, emotional, or both)
-3 Levels of Fault: Intentional, Negligence, & Strict Liability

Question 20

Intentional Tort

Answer 20

-Intent to cause harm or acts knowingly that their conduct is substantially certain to cause harm
-Many criminal acts

Question 21

Negligence Tort

Answer 21

-Due to careless conduct
-Plantiff must prove 4 elements by preponderance of evidence
-Omission (failure to perform) & Commission (improper performance)

Question 22

Gross Negligence

Answer 22

-Failure to exercise even slight care/diligence
-Extreme departure from the standard of care

Question 23

Ordinary Negligence

Answer 23

-Failes to exercise necessary caution
-Careless conduct

Question 24

Four Essential Elements of Negligence

Answer 24

-Duty(court determines duty owed to plaintiff)
-Breach of Duty
-Causation
-Harm/Damages

Question 25

Special Damages

Answer 25

Medical expenses, lost wages, repair or replacement of property

Question 26

General Damages

Answer 26

Pain & suffering, emotional distress

Question 27

Punitive Damages

Answer 27

Additional damages to punish wrongdoer of gross negligence

Question 28

Best defense for negligence?

Answer 28

Prove no breach of duty

Question 29

Examples of Bad Defenses for Negligence

Answer 29

-Financial Costs -Staff Time -Misunderstanding of Law -Burden of Barrier for Fitness Participants -No need to inform of risks -Customary Practice -Misunderstanding of Credentials -Poor Advice from Legal Counsel

Question 30

Strict Liability in Tort Law

Answer 30

1. Based on public policy 2. Businesses must compensate individuals who are injured by their products, services, or activities -Ultrahazardous Activities -Product Liability

Question 31

Contract

Answer 31

An agreement that can be enforceable in court and is formed when two (or more) parties exchange binding promises

Question 32

Breach of Contract

Answer 32

When one party does not fulfill it’s promises outlined in the contract