Chapters 1 & 3

Question 1

What is the top legal issue impacting high school athletics?

Answer 1

Liability for sports injuries and the duties of personnel

Question 2

What is a top legal issue for high schools in the state of Iowa?

Answer 2

concussion management

Question 3

Do all 50 states and the United States have a constitution?

Answer 3

Yes

Question 4

What is the purpose or goal of a constitution?

Answer 4

limit the power of the government to protect certain rights

Question 5

what is the 1st amendment?

Answer 5

freedom of speech and religion

Question 6

what is the 4th amendment?

Answer 6

prohibits unreasonable searches and seizures

Question 7

what is the 14th amendment?

Answer 7

due process/equal protection

Question 8

what branch covers statutory law?

Answer 8

legislative

Question 9

what are statutes or statutory law?

Answer 9

written laws by legislatures for the US and states; passed by elected officials of that state

Question 10

what is common law?

Answer 10

laws created by court decisions that interpret existing laws as they apply to a certain case

Question 11

what is binding precedent?

Answer 11

decisions of higher courts establish the rule of law to be followed in similar cases in lower courts within the same jurisdiction

Question 12

persuasive precedent

Answer 12

legal decision that a court can consider when making a ruling, but is NOT required to follow it.

Question 13

when would the State have jurisdiction?

Answer 13

when both parties live and operate in the same state and when the cases involve state or federal laws

Question 14

when would it be considered federal jurisdiction?

Answer 14

when the parties involved are from different states or the lawsuit concerns federal law only

Question 15

what are the hierarchies of the courts from lowest to highest authority?

Answer 15

lowest - trial court (district court)
middle - appellate court (court of appeals)
highest - supreme court

Question 16

what are the three possibilities of appeals cases?

Answer 16

affirm = support lower court’s decision
reverse = overturn the lower court’s decision
remand = send the case back to the lower court to reconsider with new information and guidance

Question 17

what is certiorari?

Answer 17

a request for the decision of whether or not a higher court will or will not review a lower court’s decision

Question 18

in which court is a person charged with a crime against the state prosecuted?

Answer 18

criminal court

Question 19

in a criminal court case the prosecution must prove what?

Answer 19

guilt beyond a reasonable doubt

Question 20

what court cases hear cases that involve controversies of a noncriminal nature?

Answer 20

civil courts

Question 21

what is a tort?

Answer 21

civil wrong, other than a breach of contract; usually causing of damage to property, a person, a person’s reputation, or a person’s commerical interest

Question 22

in civil court, what is a preponderance of evidence?

Answer 22

the plaintiff has to prove that his or her case is more likely than not to be true

Question 23

what are the four steps of civil trial processs?

Answer 23

1. plaintiff files complaint
2. defendant answers complaint
3. discovery of evidence
4. settlement or trial

Question 24

How can you conclude a trial (4 options)

Answer 24

1. decision on the full merits of the case (guilty or not guilty)
2. motion to dismiss for failure to state a claim
3. motion for a summary judgment
4. preliminary injunction

Question 25

what is a summary judgment

Answer 25

a situation in which the facts in the case are not disputed by the plaintiff or the defendant – NO need for a trail and judge can render a decision based on the law and facts of the case

Question 26

what is a preliminary injunction?

Answer 26

plaintiff claims that something is happening quickly and the court needs to be involved asap

Question 27

what four things must be true for a preliminary injunction to be granted?

Answer 27

1. the plaintiff has a great likelihood of winning the case
2. the plaintiff will suffer irreparable injury if the preliminary injunction is not granted
3. the preliminary injunction will not inflict a greater injury on the defendant than the one threatening the plaintiff
4. the preliminary injunction will not have an adverse effect on the public interest