Exam 1 Flashcards
American law is based greatly on
English common law
With English common law came
Courts of law and courts of equity
What kind of relief did the courts of law provide
Monetary relief
What kind of relief did the courts of equity provide
Non-monetary relief (based on notions of justice and fair dealing)
What are “laches”
Todays version of statute of limitations
What is “stare decisis”
The idea that judges must rule according to the judges before them
What at the three aspects of “stare decisis”
- Courts are obliged to follow within their jurisdictions
- Courts would not overturn its own precedents
- Decisions made by a higher court one binding on lower courts
Courts can depart from “stare decisis” if…
- the precedent is incorrect
- Technological or social changes have rendered the precedent inapplicable
Before the revolutionary war states wanted a government with…
A weak national government
What was the first governing doctrine of the US?
The articles of confederation
When did e the confederation establish a new form of federal government
1787 at the constitutional convention
How much power did the new government have?
The federal government hadlimited, enumerated powers delegated by the states.
Which amendment gives the states inherent sovereignty?
10th amendment
As a result of the 10th amendment states have what kind of powers
Police powers (the ability to regulate certain affairs within their borders)
What does the priveledges and immunity clause do?
Prevents states from imposing unreasonable burdens on noncitizens, particularly with regard to basic and essential activities such as legal protection, access to courts, travel rights, and property rights.
What is the separation of powers
The three branches of government
What are the three branches of government
- Legislative branch
- Executive branch
- Judicial branch
What does the legislative branch do?
Create law
What does the executive branch do?
Enforces law.
Whet does the judicial branch do?
Interprets law
Which branch is most powerful?
The executive branch
What’s the point of having three branches
To limit the power of all branches
What must be met to have jurisdiction
Jurisdiction over the: issue and the person or company
General jurisdiction courts overhear … kinds of cases
Any
Limited jurisdiction courts can oversee…
Only certain types of cases.
Courts of original jurisdiction are those inwhich
The case is decided and heard for the first time –where cases originate.
Courts of appellate jurisdiction ware the power to…
Review a prior decision in the same case made by another court
To have standing to sue, a party must have…
A legally protected and tangible interest at state in the litigation
Standing has 3 elements:
Harm, causation, and redressability
Which of the following is not one of the four main schools of jurisprudential thought?
1) natural law view
2) common law view
3) historical view
4) legal realism view
Common law view
Medicrite Inc. makes and sells goods that are substandard. Naomi, who has never bought or used a Medicrite Inc. product, alleging hat its products are detective. The companies best grounds for dismissal of the suit is that Naomi does not have…
Standing to sue
Whatever powers not specifically assigned to the federal governmentby the US constitution ave reserved to…
The state governments or people
The sources of law in the American legal system include what?
State administrative regulations, executive orders, ordinances
A clause in a contract between timber corporation, a as firm, und wang Ltd, a Japanese firm, specifies that disputes over the contract will be adjudicated in the US. This is an example of…
A forum selection clause
The FTC is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The jackson county board and the peach city council enacts ordinances. Administrative law includes:
The rules, orders, and decisions of the FTC.
The ___ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.
Restatements of law
Jan and Kyle sign a contract that provides that if a dispute arises, they will submit to arbitration. A dsipute arrises but before it goes to arbitration, Jan files a suit against Kyle. The court will likely…
compel arbitration
A decision by the EPA on the amount of carbon that can be emitted from a car’s exhaust system conflicts with a California state law. In this situation…
The EPA’s decision takes precedence
Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through Kentucky. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has,
personal jurisdiction
(in personam jurisdiction)
Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying during discovery:
All documents in Flying’s possession relating to the contract
The U.S. Supreme Court interprets the Commerce Clause of the U.S. Constitution:
as giving virtually complete power to Congress to regulate the economy
in Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sale of a car. now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to:
allow the minor to cancel the contract
Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel’s orchards, Mabel denies loren’s charge and claims that loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel’s claim is:
a counterclaim
Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legistlaure enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This may violate…
The Privileges and Immunities Clause
A federal state regulates an employment practice. To resolve a despite concerning the practice, Paula, a judge, will most likely apply:
the statute
Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill’s brand new vehicle. Bill may bring suit in federal district court if…
the amount in controversy is over $75,000
Java Cafes Inc, and Kaffe Import Corporation dispute a term in their contract. if Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because:
the process is not adversarial
As a judge, Nina decides cases that involve principles of various sources of law. Common law is:
case law
If a provision in the Florida state constitution conflicts with a provision in the U.S. constitution:
The U.S. constitution takes precedence
The requirement that no person be deprived of “life, liberty or property without due process of law” is found in:
the Fifth and Fourteenth amendments
The U.S. Congress enacts a new federal stature that sets different standards for the liability of businesses selling defective products. This statute applies to…
all of the states
In a suit against Sandy, Tippy obtains damages. In the U.S. legal system, this remedy at law is:
normal
If a provision in the Florida state constitution conflicts with a provision in the U.s. Constitution:
The U.S. constitution takes precedence
A plaintiff is a person against whom a lawsuit is brought
FALSE, a plaintiff is someone who initiates a lawsuit.
A judge deciding a common law case must look to decisions in prior, similar cases for guidance
TRUE
Equity is a branch of unwritten law that seeks to supply remedies other than damages
TRUE
US district courts have original jurisdiction in matters involving federal questions
TRUE
State courts are independent of federal courts
TRUE
Service of process is the process of obtaining information from an opposing party before trial
FALSE
Venue is the term for subject matter of a case
FALSE
Equal protection means that the government must treat similarly situated individuals differently
FALSE
Constitutional law includes only the US constitution.
FALSE
Areas of the law not governed by constitutional, statutory or administrative law are governed by the common law.
TRUE
A default judgement is entered against a party who fails to respond to the allegations in a complaint.
TRUE
A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts within the state.
TRUE
Unless it conflicts with the US Constitution or a federal law, a state constitution is supreme within the state’s borders.
TRUE
The Supremacy Clause of the US Constitution provides that a state law is invalid when it directly conflicts with a federal law.
TRUE
Concurrent jurisdiction exists when both federal and state courts have the power to hear a certain case.
TRUE
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.
TRUE
A court can exercise jursidiction over property that is located within its boundaries.
TRUE
Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.
FALSE
Under their police powers, states can regulate private activities to protect or promote the public order
TRUE
The US Constitution is the supreme law of the United States
TRUE
How judges apply the law to specific disputes may depend in part on their personal philosophical views.
TRUE
The first amendment allows free speech in any and all circumstances
FALSE
The federal government can regulate any activity that substantially affects interstate commerce.
TRUE
