CPCU 530 Ch. 1

Question 1

The principle that lower courts must follow precedents set by higher courts

Answer 1

Doctrine of stare decisis

Question 2

Fairness, or a body of principles constituting what is fair and right

Answer 2

Equity

Question 3

The branch of the law that imposes penalties for wrongs against society

Answer 3

Criminal law

Question 4

A classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties to others

Answer 4

Civil law

Question 5

A classification of law that creates, defines, and regulates parties rights, duties, and powers

Answer 5

Substantive law

Question 6

A classification of law that prescribes steps, or processes, for enforcing the rights and duties defined by substantive law

Answer 6

Procedural law

Question 7

A part of the 14th amendment to the US constitution prohibiting the state laws that discriminate unfairly or arbitrarily, and requiring equal treatment to all persons under like circumstances and conditions

Answer 7

Equal protection clause

Question 8

An association of insurance commissioners from the 50 US states, the district of Columbia, and the five US territories and possessions, whose purpose is to coordinate insurance regulation activities among the various state insurance departments

Answer 8

National Association of Insurance Commissioners (NAIC)

Question 9

The power of a court in which cases are initiated to hear those cases

Answer 9

Original jurisdiction

Question 10

The authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum

Answer 10

Diversity jurisdiction

Question 11

An appellate of federal district court’s order directing a lower court to deliver its record in case for appellate review

Answer 11

Writ of certiorari

Question 12

A body of law that resolves questions when state’s laws conflict

Answer 12

Conflicts of law

Question 13

The statutory laws that grant power to administrative agencies to act and the body of law that is created by administrative agencies themselves

Answer 13

Administrative law

Question 14

A claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgement against the defendant

Answer 14

Allegation

Question 15

The allegations made by the plaintiff in a lawsuit

Answer 15

Complaint

Question 16

A formal written statement of the facts and claims of each party to a lawsuit

Answer 16

Pleading

Question 17

A plaintiff’s legal grounds to sue a defendant

Answer 17

Cause of action

Question 18

A document filed in court by a defendant responding to a plaintiff’s complaint and explaining why the plaintiff should not win the case

Answer 18

Answer

Question 19

A complaint brought by the defendant against the plaintiff

Answer 19

Counterclaim

Question 20

A formal request for the court to take a particular action

Answer 20

Motion

Question 21

A request that a court terminate an action because of settlement, voluntary withdrawal, or procedural defect

Answer 21

Motion to dismiss

Question 22

A pretrial request asking the court to enter a judgement when no material facts are in dispute

Answer 22

Motion for summary judgement

Question 23

A pretrial exchange of all relevant information between the plaintiff and defendant

Answer 23

Discovery

Question 24

A pretrial discovery tool involving oral examination of a witness to produce a written verbatim record

Answer 24

Deposition

Question 25

Specific written questions or requests raised by one party to a lawsuit that the opposing party must answer in writing

Answer 25

Interrogatories

Question 26

A legal order to a witness to appear at certain place and time to testify or to produce documents

Answer 26

Subpoena

Question 27

Questioning one’s own witness during a legal proceeding

Answer 27

Direct examination

Question 28

Questioning an opposing party during a legal proceeding to bring out information favorable to the questioner’s own position or to challenge the witness’s testimony

Answer 28

Cross-examination

Question 29

A quality of evidence that suggests the evidence is more or less likely to be true

Answer 29

Relevance

Question 30

A quality of evidence that tends to establish a particular element of the claim that has legal significance

Answer 30

Materiality

Question 31

A quality of evidence that suggests the source is reliable and the evidence is adequate to justify admission in court

Answer 31

Competence

Question 32

The rule of evidence that prevents the admission of out of court statements not made under oath by a person who is unavailable to testify

Answer 32

Hearsay rule

Question 33

A kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented

Answer 33

General verdict

Question 34

A kind of verdict reached by a jury that makes findings of fact by answering specific questions posed by the judge. The judge then applies the law to the facts as the jury has found them

Answer 34

Special verdict

Question 35

A doctrine that bars parties to a lawsuit on which final judgement has been rendered from bringing a second lawsuit on the same claim or on related transactions

Answer 35

Res judicata

Question 36

Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation

Answer 36

Alternative dispute resolution (ADR)

Question 37

An alternative dispute resolution method in which disputing parties use neutral outside party to examine the issues and develop a mutually agreeable settlement

Answer 37

Mediation

Question 38

A type of substantive administrative agency rule that comes from a statutory delegation of authority and that has the same force as a law enacted by congress or a legislature

Answer 38

legislative rule

Question 39

A type of administrative rule that interprets statues, providing guidance for agency staff or regulated parties, but that lacks the force and effect of law and therefore is not binding on individuals

Answer 39

Interpretative rule

Question 40

A type of administrative agency rule that prescribes procedure for agency operations, legislative rule making, and adjudication proceedings

Answer 40

Procedural rule

Question 41

A party’s right to sue, as one who has suffered or will suffer a legal wrong or an adverse effect from an action

Answer 41

Standing to use

Question 42

An administrative agency’s final conclusion or disposition of any material private right of a party, terminating an agency proceeding

Answer 42

Final order

Question 43

The completion of all possible administrative procedures and appeals in a case; required before a party can appeal an agency action to a court

Answer 43

Exhaustion of administrative remedies