EXAM 1

Question 1

3 Primary Functions of Law

Answer 1

Maintain stability, Protect private property, preservation of state

Question 2

Stare Decisis

Answer 2

the legal principle of determining points in litigation according to precedent, “to stand by the decisions”

Question 3

Litigation

Answer 3

“legal action”

Question 4

State Court System (low to high)

Answer 4

1. Inferior Trial Courts
2. State (District) Courts
3. State Intermediate Court of Appeals
4. State SC

Question 5

Federal Court System (low to high)

Answer 5

1. US District Courts
2. US Intermediate Court of Appeals (Circuits)
3. US SC

Question 6

What circuit is CA in?

Answer 6

9th

Question 7

What circuit is TX in?

Answer 7

5th

Question 8

Right Definition

Answer 8

Capacity of a person and law to require another person to perform/not perform a certain act

Question 9

Duty Definition

Answer 9

Obligation imposed by law upon a person to perform/not perform a certain act

Question 10

Constitutional Law

Answer 10

Adopted by each govt entity

Question 11

Legislative Law is enacted by:

Answer 11

Elected officials

Question 12

4 Types of Legislative Law:

Answer 12

Statutes, Treaties, Executive Orders, Local Government

Question 13

Statutes Definition:

Answer 13

Formal written law

Question 14

Who creates Administrative Law?

Answer 14

Government Agencies

Question 15

Common Law deals with:

Answer 15

Civil Disputes

Question 16

Common Law must be ___________ and ___________

Answer 16

Stable, Predictable

Question 17

When must a court follow precedent?

Answer 17

Lane, Same System (or highest in other)

Question 18

Judicial Restraint

Answer 18

USSC must follow USSC, free from personal beliefs

Question 19

Jurisdiction:

Answer 19

Authority to make a binding decision on parties involved

Question 20

2 Pre-Reqs for Jurisdiction:

Answer 20

Subject Matter AND Over the Parties

Question 21

4 Exclusive Federal Examples:

Answer 21

Bankruptcy, Federal Crimes, Trademarks, Lawsuit vs. US

Question 22

Concurrent

Answer 22

State and Federal Systems have jurisdiction to hear the case

Question 23

Individual vs Entity

Answer 23

1 state/country vs 1+ state/country

Question 24

Principal place of business for _________________ is their entity

Answer 24

Corporations

Question 25

To have diversity:

Answer 25

Citizenship AND >$75,000

Question 26

☆☆☆ PROCESS TO FIND JURISDICTION ☆☆☆

Answer 26

Subject Matter 1. Federal Exclusive? 2. Concurrent i. federal question ii. diversity 3. State Exclusive? In Personam 1. "Resident" 2. Agreement 3. Long Arm Statute ("minimum contacts")

Question 27

In Personam Jurisdiction

Answer 27

Over person/entity

Question 28

In Rem Jurisdiction

Answer 28

Over property in the state

Question 29

Quasi in Rem Jurisdiction

Answer 29

Attachment

Question 30

4 Steps in Litigation Process:

Answer 30

1. Pleadings 2. Pre-Trial Procedure 3. Trial 4. Post-Trial, Appeal

Question 31

Question of Law example:

Answer 31

Will _________ be presented to the Jury?

Question 32

Question of Fact example:

Answer 32

Was it raining?

Question 33

QoLaw decided by _______ at ____________________

Answer 33

Judge, Trial and Appeals Court

Question 34

QoFact decided by __________ at ____________________

Answer 34

Finder of Fact, Trial Court

Question 35

2 Types of Alternate Dispute Resolutions:

Answer 35

Arbitration (binding), Mediation (non-binding)

Question 36

Who owns communications?

Answer 36

the client

Question 37

Waiver means info is:

Answer 37

Disclosed to a 3rd party

Question 38

Privileged Communications:

Answer 38

Between attorney and client concerning legal advice

Question 39

Work Product Communications:

Answer 39

Between attorney and client in anticipation of litigation

Question 40

Statute of Limitations:

Answer 40

Lawsuit must be filed within a certain period of time

Question 41

Federalism (C)

Answer 41

Constitution gives enumerated powers to federal govt

Question 42

Supremacy Clause (C)

Answer 42

Valid Federal Law > Conflicting State Law

Question 43

Preemption (C)

Answer 43

Partial (enforceable), Wholly (invalid)

Question 44

Judicial Review (C)

Answer 44

Verifies constitutionality

Question 45

State Action (C)

Answer 45

Non-govt individuals infringing on constitutional rights

Question 46

Entity rights are __________ individual rights

Answer 46

less than

Question 47

Resident vs Citizen

Answer 47

Resident is ONE place, Citizen is MULTIPLE

Question 48

Govt can violate fundamental right if there is a ____________________

Answer 48

VALID REASON

Question 49

Rational Relationship

Answer 49

Easy for Govt to violate

Question 50

Strict Scrutiny

Answer 50

Hard for Govt to violate

Question 51

Intermediate

Answer 51

Kinda Hard for Govt to violate

Question 52

Commerce Clause

Answer 52

Federal Govt has broad and exclusive power to regulate commerce

Question 53

Interstate

Answer 53

Between states

Question 54

Intrastate

Answer 54

Within a state

Question 55

Eminent Domain

Answer 55

Could take private property if they pay "just compensation", notice, and opportunity to be heard

Question 56

Example of Administrative law

Answer 56

Agencies given power by Congress

Question 57

3 Enabling Statute Powers:

Answer 57

Rulemaking, Investigation/Enforcement, Adjudication of Controversies

Question 58

3 Types of Rulemaking

Answer 58

Legislative (enforceable), Interpretive (guidance), Procedural (Process necessary to enact a rule)

Question 59

5 Steps for APA Rule-Making Process:

Answer 59

1. Rule developed 2. Notice 3. Hearing 4. Agency Votes 5. Publish Final Draft

Question 60

How many days for a rule to go into effect?

Answer 60

30 days