Exam #1 Flashcards
Enforceable rules governing relationships among individuals and between individuals and their society is known as…
law
The principles governing what constitutes right or wrong behavior is…
ethics
What are the four primary sources of law?
- the US Constitution and the constitutions of the various states
- statutory law - including laws passed by Congress, state legislatures, or local governing bodies
- regulations created by administrative agencies, such as the Federal Trade Commission (FTC)
- case law and common law doctrines
A secondary source of law is a…
book, article, etc. that summarizes and clarifies the primary source(s)
What are some examples of secondary sources of law?
- legal encyclopedias
- treatises
- articles in law reviews
- compilations of law
True or False: Courts often turn to secondary sources of law for interpretation and application of primary sources.
True!
The law as expressed in separate federal and state constitutions that set forth the general organization, powers and limits of their respective governments is…
constitutional law
What is Article VI of the US Constitution?
the Constitution is the supreme law of the land
- basis of all law in the USA
If a law is in violation of Article VI of the US Constitution, what will happen?
- declared unconstitutional
- not enforced
What is the 10th Amendment to the US Constitution?
all powers not granted to the federal government are reserved for the states
The state constitution is supreme unless…
it conflicts with the US Constitution or federal law
Laws enacted by legislative bodies at any level of government, such as statutes passed by Congress or by state legislatures, are considered…
statutory law
What are ordinances?
regulations passed by municipal (city-related) or county governing units to deal with matters not covered by federal or state law
What are ‘sanctuary cities?’
cities that limit their cooperation with federal immigration authorities
What are uniform laws?
model statutes for states to consider adopting to avoid discrepancy state-to-state in trade, commerce, etc.
- example: the Uniform Commercial Code (UCC) which facilitates commerce amongst the states
The rules, orders, and decisions of administrative agencies fall under…
administrative law
Name an example of a federal (executive) agency.
FDA
agency within Dept. of Health and Human Services)
Name an example of an independent regulatory agency.
FCC
SEC
FTC
The doctrines and principles announced in cases / judge-made law is known as…
case law
True or False: Case law governs all areas not covered by statutory or administrative law.
True!
A body of general rules that applied throughout the entire English realm is known as…
common law
What were the remedies under common law?
- land
- items of value
- money
Under common law, who awarded remedies?
Courts of law awarded remedies of law.
The adviser to the King of England who had the power to grant new and unique remedies was the…
chancellor.
What were the courts of the chancellor called?
equity courts (because they started to give remedies of equity!)
Under remedies in equity, what is ‘specific performance?’
ordering a party to perform an agreement as promised
“do that”
Under remedies in equity, what is ‘injunction?’
ordering a party to cease engaging in a specific activity or to undo some wrong or injury
“stop doing that”
Under remedies in equity, what is ‘recission?’
the cancellation of a contractual obligation
When you breach an agreement, you…
fail to fulfill it
Propositions or general statements of equitable rules are called…
equitable maxims
The PLAINTIFF is the party who…
sues.
“comPLAINs”
The DEFENDANT is the party who…
is being sued.
“must DEFEND”
The PETITIONER is the party who…
brought the lawsuit.
The RESPONDENT is the party who…
is being sued.
The statute of limitations is the…
time allowed for you to charge a crime.
A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts is a…
precedent
What does “stare decisis” literally mean?
to stand on decided cases
“Stare decisis” means that you have to do what?
follow the precedent
What are the two main principles under “stare decisis?”
- A court must not overturn its own precedents unless there is a compelling reason to do so.
- Decisions made by a higher court are binding in lower courts.
What are ‘controlling precedents?’
precedents that must be followed within a jurisdiction
What are the four binding authorities that a court must follow?
- controlling precedents
- constitutions
- statutes
- regulations
If something is a case of first impression, what does that mean? Where does the court turn?
- no precedent
- courts look at pervasive authorities (legal authorities not binding to the court) for opinions
What is the difference between “malum in se” and “malum prohibitum?” Why is this relevant?
malum in se –> bad in and of itself (murder, theft, arson, sexual abuse)
malum prohibitum –> not inherently wrong, bad because we say so
(drinking underage, speeding)
A purpose of the law is to distinguish between the two.
Crimes have ACTIS REIS and MENS REA. What do these mean?
actis reis –> the act itself
mens rea –> the intent
Statutes are written by the…
legislative branch
Regulations are written by the…
regulatory agencies
Case law is written by the…
judicial branch
What are inalienable rights?
rights that cannot be taken away
Congress is bicameral. What does this mean?
two houses
HOR and Senate
What is in Article I of the Constitution?
delegation of certain powers to Congress
What is in Article II of Congress?
establishment of the executive branch (law enforcement)
What is the oldest national Constitution still in force?
the US Constitution
According to the 10th Amendment, the federal government has…
limited and delegated powers.
What is the Bill of Rights?
the first 10 amendments to the Constitution
True or False: The US government gives rights to its people.
FALSE! Rights of the people are inherent, rested in people, endowed by their Creator.
What powers do the states give up to the federal government?
- enter into treaties
- coin money
- have an army
What do the first three articles give us?
article i - legislative branch
article ii - executive branch
article iii - judicial branch
How judges decide what law pertains to a certain dispute; harmonizing previously-made decisions with stare decisis, is…
legal reasoning
Words or acts that wrongfully and intentionally make another person fearful of immediate physical harm is…
assault.
What are the basic steps of legal reasoning?
IRAC!
Issue
Rule
Application
Conclusion
The study of law is…
jurisprudence.
A wrongful act, falls under governance of civil law (not criminal) is…
a tort.
To allege something is to…
claim
Previously decided cases that are as similar as possible to the one under consideration are known as…
cases on point.
What does common law today govern?
Areas not covered by statutory or administrative law.
Compilations of common law published by the American Law Institute are known as…
restatements of law
What are some examples of restatements of law?
- contracts
- torts
- agency
- trusts
- property
- restitution
- security
- judgments
- conflict of laws
Identify this school of legal thought.
A higher, or universal, law exists that applies to all human beings.
natural law theory
Identify this school of legal thought.
Applies only to the citizens of a nation or society.
positive law (national law)
Identify this school of legal thought.
Law is an evolutionary process; concentration on origin and history of the legal system.
historical school
Identify this school of legal thought.
Law is just one of many institutions in society, shaped by social forces and needs.
legal realism
Which legal schools of thought are opposites?
historical school and legal realism
This take is that there is no higher law than a nation’s positive law.
legal positivism
If one subscribes to the historical school of legal thought, they are (more/less) likely to adhere to decisions of past rules.
MORE likely
If one subscribes to legal realism, they are (more/less) likely to adhere to decisions of past rules.
LESS likely
True or False: Those who believe in legal realism believe that judges should not take social and economic realities into account.
FALSE - they believe that they should take those things into account.
Identify this school of legal thought.
Law is a tool for promoting justice in society.
sociological school
Which school of legal thought influenced the sociological school?
legal realism
Under statutory law, what is the hierarchy of courts in the FEDERAL system?
Supreme Court (federal)
^^
US Circuit Courts of Appeal (appellate)
^^
US District Courts (trial)
Under statutory law, what is the hierarchy of courts in the STATE system?
It changes state-by-state, but we learned…
Supreme Court
^^
Court of Appeals
^^
Trial Courts (county)
Districts are clustered into _________.
circuits
A federal statute is also known as a…
U.S. Code (U.S.C.)
Trial courts in most states are broken up by _______.
county.
True or False: Bankruptcy law, patent law and copyright law are all federal.
True!
What is the “Supreme Law of the Land?”
the US Constitution
True or False: Federal and state legislation can coexist.
TRUE!
True or False: State constitutions can conflict with the US Constitution.
False - they can grant you more protection, but not less. more rights, not fewer.
If something is a “model” or “uniform” law, we automatically know it’s what kind of law?
A state law.
What has to happen in order for all 50 states to pass a “model” or “uniform” code?
All 50 states must get it passed individually (Congress can’t do it!)
example: interstate commerce
In a _______________, you:
- lose your investment, but that’s it
- limited liability
- you pay double the taxes
corporation
In a _______________, you:
- share the burden
- unlimited personal financial liability
- only single taxation
partnership
The ________ __________ allowed the limited liability company (LLC) idea to get passed in all 50 states.
“letter ruling”
A solution that the legal system gives to a problem brought before the court is a…
remedy
What are the two things that “common law” could refer to today?
English history
case law
Who were the three longest-living English monarchs?
- Queen Elizabeth I
- Queen Victoria
- Queen Elizabeth II
What is a writ? Who had to write them?
In common law tradition, plaintiffs had to write writs. They were specific causes of action that the law courts recognized.
No writ meant…
no relief / remedy.
When did the federal system fuse the “courts of law” with the “courts of equity?”
1938
True or False: Equitable means that it existed under common law.
FALSE! Equitable is when it did NOT exist under common law.
Law or Equity: ‘curiae regis’
law
means ‘King’s courts’
Law or Equity: Chancellor’s Court
equity
Law or Equity: writ required
law
Law or Equity: no writ required
equity
Law or Equity: potential remedies are money, property, land
law
Law or Equity: potential remedies are injunction, reformation, replevin, specific performance of contracts
equity
“The tendency of courts to adhere to the settled precedent” is otherwise known as…
stare decisis
The power of a court to render a FINAL and BINDING judgment is…
jurisdiction.
What are some good reasons to overturn prior decisions?
- change in the legislation
- change in public policy
- change in public opinion
The law of continental European countries (Italy, Spain, France, Germany) and that of their current + former territories, colonies, etc.
“civil law”
The law of Great Britain, current and formerly owned territories and possessions.
“common law”
Civil Law is based on the…
Roman codex.
Common Law or Civil Law: judicial decisions are binding authority along with statutes.
common law
Common Law or Civil Law: only the statutes (codes) are binding.
civil law
Common Law or Civil Law: judicial interpretations are only binding on the plaintiff and defendant in that particular case.
civil law
Common Law or Civil Law: the judge is a neutral arbiter (referee).
common law
Common Law or Civil Law: truth is not the primary purpose.
common law
Common Law or Civil Law: the judge is an active participant in the trifecta.
civil law
Common Law or Civil Law: the judge can examine witnesses, speak to jury, call for audience.
civil law
When in shorthand, the pi symbol means…
the plaintiff
When in shorthand, the delta symbol means…
the defendant
All laws that define, describe, regulate and create legal rights and obligations are…
substantive laws
This consists of all laws that outline the methods of enforcing the rights established by substantive law.
procedural law
This law is concerned with relationships between private entities.
private law
This law is concerned with the relationship between persons and governments.
public law
Contract law and tort law both fall under…
civil law
The emerging body of law that governs transactions conducted via the internet is known as…
cyberlaw
Civil Law or Criminal Law: this concerns the rights and duties that exist between persons and their government, as well as relief available when a person’s rights are violated
civil law
Civil Law or Criminal Law: wrongs committed against the public as a whole, prosecuted by public officials (D.A.) on behalf of the state
criminal law
This identifies the publication in which the legal authority can be found.
citation
Where are laws passed by Congress found?
in the United States Statutes at Large
When more than one reporter is cited for the same case, that’s considered a…
parallel citation
Appellant or appellee: Wants the case to be taken to a higher court for a “second opinion”
appellant
Appellant or appellee: The party against whom the appeal is taken
appellee
Which type of court opinion is this?
All judges agree.
unanimous
Which type of court opinion is this?
Not unanimous, but most.
majority
Which type of court opinion is this?
Judge agrees with the result but not the legal reasoning.
concurring
Which type of court opinion is this?
Disagreement with the majority view.
dissenting
Which type of court opinion is this?
Largest number of judges support but not the majority.
plurality
Which type of court opinion is this?
“of the court”, does not indicate which judge wrote it.
per curiam
In court case edits, *** means
a few words / sentences have been omitted
In court case edits, ** ** means
a full paragraph or more has been omitted
What happens in judicial review?
the judiciary can decide if laws / actions from the other two branches are constitutional
When the court has the power to speak on a case, they have…
jurisdiction!
When do federal courts have subject-matter jurisdiction?
- federal questions are involved
(a plaintiff’s cause of action is based on the US Constitution, treaty, or federal law) - diversity of citizenship
(plaintiff and defendant are residents of different states AND the amount in controversy is > $75k)
When both state and federal courts have the power to hear a case, it’s called…
concurrent jurisdiction
When a case can either be tried in a state court OR a federal court, it’s called…
exclusive jurisdiction
What are examples of exclusive federal jurisdiction cases?
- federal crimes
- antitrust
- bankruptcy
- patents
- copyrights
- trademarks
- suits against the US
What are examples of exclusive state jurisdiction cases?
- divorce
- adoption
- all matters not subject to federal jurisdiction
What are examples of concurrent jurisdiction cases?
- federal questions
- diversity of citizenship
The most appropriate location for a trial is called the…
venue.
What is ‘standing to sue?’
the sufficient stake in a manner to justify seeking relief through the court system
What are the three instances of standing to sue?
- harm
- causation
- remedy
The process of resolving a dispute through the court system is called…
litigation
Instead of litigation, individuals can opt for…
ADR (alternative dispute resolution)
This type of alternative dispute resolution involves an informal resolution of the dispute.
negotiation
This type of alternative dispute resolution involves conversation with a neutral third party present.
mediation
This type of alternative dispute resolution involves a neutral third party or panel hearing the dispute and imposing a resolution.
arbitration
How do you know a court case is taking place at the federal level?
says “…United States…”
How do you know a court case is taking place in a trial court?
says “…District Court…”
What do you need to secure a pretrial motion for summary judgment?
- person who is making the motion says there’s no genuine issue of material fact
- moving party entitled to judgment at a matter of law
In legal expenses under the King’s rule…
the loser pays
In legal expenses under the American rule…
parties pay for their own counsel
The power of a court to enter a VALID and BINDING judgment is…
jurisdicton.
CVB + ASOP = PJ
Constitutionally-valid basis for asserting power + Adequate service of process = Personal Jurisdiction
What is the “minimum contacts” test?
looks at the defendant’s contacts with the state and determines if it’s fair
in-state plaintiff and out-of-state defendant
If you have a long-arm statute, you can…
wield personal jurisdiction out-of-state
True or False: Federal courts have unlimited subject matter jurisdiction.
False: Federal courts have LIMITED subject matter jurisdiction.
In order to have subject matter jurisdiction, there must be:
- a federal question (constitution or federal laws at issue in the case)
- diversity of citizenship (no plaintiff is from the same state as any defendant and the remedy requested must be over $75k)
In FEDERAL courts, what is the presumption for subject matter jurisdiction?
Courts do not have it unless Congress has explicitly given it to them.
In STATE courts, what is the presumption for subject matter jurisdiction?
Courts have it unless Congress has explicitly taken it away.
True or False: States do NOT have subject matter jurisdiction over bankruptcy, copyright, and patents.
True!
In most cases where the federal courts can hear a case, the state courts can also hear the case. This is called…
concurrent SMJ
When only the federal or only the state court can hear a type of case, this is called…
exclusive SMJ
True or False: You can have a domestic relations case in federal court.
False - No domestic relations cases in federal court.
The plea that starts the litigation, filed by the plaintiff, is the…
complaint.
What is a complaint?
the plea that starts the litigation
filed by the plaintiff
The defendant’s response, where they must address every single factual allegation that has been presented, is the…
answer
What is a counterclaim?
When the defendant pleads a complaint with respect to the original
In which part of discovery do you ask questions you need answered to the case?
interrogatories
In which part of discovery do you bring someone in to talk to them prior to trial?
deposition
In which part of discovery do you ensure to protect a third party that’s not a litigant?
subpoenas
In which part of discovery do you ask to view the evidence in some way?
request
What is a “request to produce?”
As a part of discovery, when you want to see a physical source or document material (ex. bank records)
What is a “request to inspect?”
As a part of discovery, when you want to see an object (ex. a car)
What are the Federal Rules of Civil Procedure?
the governing rules of all civil trials held in federal courts
What are the types of ways in which you can pay an attorney?
- fixed rate
- hourly rate
- contingency (% of final)
What are the three main things a complaint should include?
- jurisdiction (shows the court has subject-matter jurisdiction)
- legal theory (facts establishing the claim and the basis for relief)
- remedy (amount of damages sought)
The proof that the defendant was notified is called…
service of process
A procedural request submitted to the court by an attorney on behalf of his/her client is a…
motion!
What is a “motion to dismiss?”
asks the court to dismiss a case
What is a “motion to strike?”
asks the court to delete / remove certain paragraphs from the complaint
What is a “motion to make more definite / certain?”
asks the court to compel the plaintiff to clarify the cause of action
What is a “motion for judgment on the pleadings?”
motion by either party to ask the court for judgment because there are no facts in the dispute
What is a “motion to compel discovery?”
asks the court to force the nonmoving party (defendant) to comply with a discovery request
What is a “motion for summary judgment?”
asks the court to enter a judgment in his / her favor without a trial
What does the 7th Amendment grant?
the right to a jury trial for cases at law in federal court when the amount in controversy is > $20
What is “voir dire?”
French for “to speak the truth”
the jury selection process
In voir dire, if you challenge jurors peremptorily, what does that mean?
you ask that an individual not be sworn in without providing any reason
In voir dire, if you challenge jurors for cause, what does that mean?
you give a reason why a juror shouldn’t be sworn in
When the plaintiff offers additional evidence to refute a defendant’s case, that is a…
rebuttal
When a defendant refutes a rebuttal, that is a…
rejoinder
True or False: A court of appeals does not hear any evidence.
True!
Jury selection challenges: what is a “for cause” challenge?
you have a relationship to someone
Jury selection challenges: what is a “peremptory” challenge?
you have a strong bias that would influence ability to participate
True or False: You can give your argument in the opening statement.
FALSE - You cannot argue in the opening statement.
What are the requirements for evidence brought forth in court?
- relevant (relevant to the case)
- probative (attempt to prove / disprove something)
- admissible (under evidentiary rules - can it come in in the first place?)
What are examples of evidence you can bring forth in a trial?
- testimony
- documentary (the deed)
- real / tangible (the knife)
What are the two types of witnesses? What is the difference between the two?
EXPERT -> specialized knowledge, gives their opinion
ORDINARY -> talks about the 5 senses, gives facts
What should already reveal what the witnesses are going to say before the trial even happens?
the deposition
A motion that can be made during trial is a…
directed verdict
Is directed verdict common? Why / why not?
uncommon because it would take place during trial - in theory, this should be resolved with a summary judgment pretrial
The longer a jury goes without coming back with a verdict, the better it looks for the…
defendant.
A motion to dismiss and a motion for summary judgment are both…
pre-trial motions.
Within jury selection challenges, a “for cause” challenge is when…
you have a relationship to someone
Within jury selection challenges, a “peremptory” challenge is when…
you have a strong bias that would influence your ability to participate
True or False: You should put your argument in your opening statement.
FALSE. You can only tell the jury factual statements in the opening and CANNOT ARGUE.
For the plaintiff’s case in chief, the three things the evidence must be is:
- relevant (relevant to the case)
- probative (attempts to prove / disprove something)
- admissible (accepted under evidentiary rules)
What are the types of evidence you can bring forth?
- documentary
- testimony
- real / tangible
If you have an expert witness, they are qualified to give…
opinions.
If you have an ordinary witness, they are qualified to give…
facts.
What are the two types of witnesses?
ordinary and expert
The ___________ should have revealed prior to trial what your witnesses are going to say.
deposition
A motion that can be made during trial to decide the case in one’s favor is…
directed verdict.
Is directed verdict common? Rare? Why?
Directed verdict is rare because it happens during the trial. Most times the issue of the case being obviously in one favor over the other is resolved prior to trial with a summary judgment.
True or False: Either side can ask for a directed verdict.
TRUE!
A trial with no jury is called a…
bench trial.
This type of witness needs a testimony.
ordinary
This type of witness needs to lay the foundation for their specialized knowledge.
expert
What needs to happen to documentary evidence for it to be admissable?
It needs to be authenticated for it to come into court and have the jury consider it.
What needs to happen to tangible evidence in order for it to be admissable?
You need to demonstrate the chain of custody (how it got from the crime scene to the courtroom, who tampered with it, etc.).
Posttrial motions take place between the ______ and the __________.
verdict and the judgment
What is a JMOL?
a judgment as a matter of law
- “the jury is screwed up and you need to rule in our favor”
- in federal court, you can only request this if you asked for a directed verdict first
What is a JNOV?
a judgment non-obstante veredicto (judgment notwithstanding the verdict)
- “the verdict is wrong, give us judgment anyway”
True or False: In federal court, you must ask for a directed verdict before asking for a JMOL.
True!
True or False: In federal court, you must ask for a directed verdict before asking for a JNOV.
False!
True or False: You must ask for a directed verdict before asking for a JNOV.
False!
The 5th Amendment grants you a constitutional right to…
not self-incriminate.
The appellate process can be succinctly described as:
brief
argument
decision
A “writ or certiorari”, a “writ of extraordinary review”, and a “P.L.A.” are all examples of what?
Requests for further appeal.
In requests for further appeal, what is a “writ of certiorari?”
It is a formal request for the Supreme Court to hear a case that comes from a lower court.
In requests for further appeal, what is a “writ of extraordinary review?”
It is an expedited attempt to overturn or get a different result from a lower court’s decision.
In requests for further appeal, what is a “P.L.A.?”
It stands for “petition for leave to appeal,” and it a request to a higher court to allow an appeal to be heard when the right to appeal is not automatic.
“Garnishment”, “sheriff’s sale”, “seizure” and “voluntary compliance” are all examples of what?
Execution on final judgments (essentially, enforcing them)
In execution of final judgments, what is “garnishment?”
When you send a letter to the employer to take things out of their paycheck, etc.
In execution of final judgments, what is “sheriff’s sale?”
Taking of real estate.
Public auction of taken property.
In execution of final judgments, what is “seizure?”
Taking of a car, other large objects.
In execution of final judgments, what is “voluntary compliance?”
The assumption that people will behave in the manner as directed by the law.
Minimum contacts triangle.
defendant - forum - litigation
(state)
What is the difference between personal jurisdiction and subject-matter jurisdiction?
Personal jurisdiction : is when a court has jurisdiction over a person that lives in a certain geographic area or minimum contacts with the state.
Subject Matter Jurisdiction : refers to the limitations on the types of cases a court can hear. Certain courts can only hear certain disputes.
If she asks you to write a short answer about SUMMARY JUDGMENT, what will you say?
- define the term
(Summary judgment is a pretrial motion to judge the case in favor of one party or the other, avoiding a trial altogether.) - explain the term
(In order to achieve summary judgment, you must meet two requirements. Firstly, you must determine that the other party presents no genuine issue of material fact. This essentially means that they have no concrete evidence to bring forth to the court. Second, the moving party must have the right to judgment at a matter of law.) - cite a court case or hypothetical
(As discussed in class, the Apple v. Amazon case included the issue of summary judgment. Amazon, as the defendant, was able to achieve a partial motion for summary judgment because Apple ultimately presented no evidence to support their claim that Amazon was falsely advertising a relation to Apple through the use of the term ‘APPSTORE.’)
If she asks you to write a short answer about PERSONAL JURISDICTION, what will you say?
- define the term
(Personal jurisdiction is the power of the court to render a valid and binding judgment on a case.) - explain the term
(Personal jurisdiction requires the court to have both a constitutionally-valid basis for asserting power on the issue as well as an adequate service of process. This adequate service of process involves the defendant being officially notified that there is a suit against them, to which they are directed to respond.) - cite a court case or hypothetical
(In order to assess personal jurisdiction, one can use the ‘minimum contacts’ test for an in-state plaintiff and an out-of-state defendant. This test is a case-by-case assessment of the defendant themselves, the forum (state), and the litigation. It helps to determine if the party has had enough contact with and within the state to warrant the venue being appropriately in that state / if that state has the power to try them. If a court has a long-arm statute, though, they can sue a party out-of-state.)
If she asks you to write a short answer about SUBJECT MATTER JURISDICTION, what will you say?
- define the term
(Subject matter jurisdiction is the power of a court to rule on a case depending on the subject matter, or actual content, of the case.) - explain the term
(In order for a federal court to have subject matter jurisdiction, it must both involve a federal question (an issue of federal law or the Constitution) and include diversity of citizenship (where the plaintiff and defendant are from different states and the amount in question is greater than $75k.)) - cite a court case or hypothetical
(As a general rule for subject matter jurisdiction, the federal government assumes they do not possess it unless they have explicitly been granted it by Congress. On the other hand, when on the state level, state courts can assume that they do have subject matter jurisdiction unless it has been explicitly taken away by Congress. Federal courts have exclusive jurisdiction on cases of bankruptcy, copyright, and patents, while states have exclusive jurisdiction on divorce, adoption, and other domestic issues. The state and federal courts have concurrent jurisdiction on issues of federal questions and diversity of citizenship.)
If she asks you to write a short answer about EXECUTION OF FINAL JUDGMENT, what will you say?
- define the term
(Execution of final judgment is the methodology through which courts enforce a ruling.) - explain the term
(There are various ways a court can execute a final judgment, depending on the remedies sought from that case and what the losing party must do. A garnishment allows the court to contact a party’s employer to collect funds from a company paycheck. A sheriff’s sale allows a court to repossess real estate and hold a public auction for it, such as a home. Voluntary compliance assumes that the party will comply with these efforts, but that is not always the case.) - cite a court case or hypothetical
(idk!)
If she asks you to write a short answer about DISCOVERY, what will you say?
- define the term
(Discovery is a pretrial period in which the parties collect evidence to support their case. It is the longest and most expensive part of the trial process.) - explain the term
(If a defendant is not complying with a request for information, the plaintiff can file a ‘motion to compel discovery’ to force them to do so. Discovery includes many different things. Each party has a series of ‘interrogatories’ that they can ask the other party during court. In the ‘deposition,’ you ask specific, pointed questions to gather as much information for the testimony as possible. Requests allow you to examine the evidence as well.) - cite a court case or hypothetical
(In Professor Hollis’ ongoing family case, the court initially only granted them 30 interrogatories. However, they argued that each member of their family was a different party in the case and were able to get more interrogatories for the case.
In our clip from ‘The Social Network,’ the lawyer running the deposition for Eduardo Saverin had to ask specific questions regarding the reallocation of shares within Facebook. She asked the same question for each member, ‘What was Sean Parker’s share? What was Mark Zuckerburg’s share? What was Eduardo Saverin’s share?’. These tedious questions ensure to make depositions specific.)
If she asks you to write a short answer about THE SEPARATION OF POWERS, what will you say?
- define the term
(The separation of powers is the - explain the term
- cite a court case or hypothetical
If she asks you to write a short answer about REQUESTS FOR FURTHER APPEAL, what will you say?
- define the term
- explain the term
- cite a court case or hypothetical
If she asks you to write a short answer about REMEDIES OF EQUITY, what will you say?
- define the term
- explain the term
- cite a court case or hypothetical
If she asks you to write a short answer about EVIDENCE IN COURT, what will you say?
- define the term
- explain the term
- cite a court case or hypothetical
This clause in the U.S. Constitution states that an out-of-state judgment creditor will use in order to argue that a court in State B should enforce a judgment that was entered in State A.
the Full Faith and Credit Clause
