exam 1

Question 1

equal protection/ 14 amendment tests (3)

Answer 1

1)strict scruntiny - compellig government interest 2)intermediate scruntiny- gener/bastard 3) rational-basis - legitmate governemnt intrest

Question 2

federal jurisdiction only

Answer 2

admiralty, bankruptcy, federal crime, state vs state, against USA, federal patent, trademark, and copyright (there are state versions), and other claims involving federal statutes that specify exculsive federal jurisdiction

Question 3

state jurisdiction only

Answer 3

all other cases

Question 4

concurrent authority

Answer 4

federal question cases and diversity of citizenship cases

Question 5

state court system

Answer 5

County-> circuit-> district court of appeals -> State supreme court

Question 6

federal court system

Answer 6

US District courts -> intermediate court of appeals -> US supreme court

Question 7

commerclause locations

Answer 7

article 1 section 8

Question 8

stater decisis

Answer 8

consistancy/ bound by precedent

Question 9

golden rule

Answer 9

do unto other as they do to you

Question 10

universalization

Answer 10

consider what the world would be like if everyone acted that way

Question 11

stake holders

Answer 11

group affected by firm’s decisions

Question 12

personal jurisdiction

Answer 12

geography

Question 13

subject-matter jurisdiction

Answer 13

power to hear specific types of cases

Question 14

federal question

Answer 14

violation of right/ question of law

Question 15

diversity of citizenship

Answer 15

citizens in lawsuit from different states and concerns amount over 75,000

Question 16

standing

Answer 16

right to sue

Question 17

ripeness

Answer 17

(too early to sue ) issue is not ready yet

Question 18

moot

Answer 18

issure is over with (too late to sue)

Question 19

pleading

Answer 19

complaint filed

Question 20

service of process

Answer 20

summons and copy of complaint

Question 21

defendants response

Answer 21

anwers and counterclaim

Question 22

plaintiffs response to counter claim

Answer 22

reply

Question 23

answers

Answer 23

without knowledge (treated like deny) deny aand admit

Question 24

discovery tools

Answer 24

interrogatories, request to produce documents, deposition, request for admissions(deemed to be admitted if not responsed to) , and supenia

Question 25

pretrial conference

Answer 25

status check

Question 26

voir dire

Answer 26

process of selecting a jury

Question 27

number of jurors

Answer 27

regular = 6 // capital or enmenit domain = 12

Question 28

two strikes

Answer 28

1) premptory challenges - no reason given 2) “for cause” challenge - biases from people on jury

Question 29

opening statement

Answer 29

is not evidence

Question 30

witnesses give

Answer 30

testimony

Question 31

direct examination

Answer 31

plaintiffs attorney question the witness

Question 32

cros examination

Answer 32

opposing counsel

Question 33

redirect examination

Answer 33

plaintiff repairs damage done by cross examination

Question 34

recross examination

Answer 34

question the redirect

Question 35

nonbinding

Answer 35

mediation and minitrial

Question 36

binding

Answer 36

arbitration

Question 37

where did judicial review come from

Answer 37

marbary v madison

Question 38

where do laws come from

Answer 38

constitution, other cases, and statutes

Question 39

1st amendment

Answer 39

freedom of religion, press, speech, and assembly, and redress grivences

Question 40

2nd amendment

Answer 40

bear arms

Question 41

3rd amendment

Answer 41

quarter soldiers

Question 42

4th amendment

Answer 42

protects from unreasonable search and seisure, warrants need probable cause

Question 43

5 amendment

Answer 43

citizens on trial by government get grand jury, not to testify against themselves, double jeopardy, due process, just compenstation,

Question 44

6th amendement

Answer 44

speedy trial with imparital jury, right to attorney, right to know charges, right to face witnesses

Question 45

7th amendment

Answer 45

trial by jury for over $20

Question 46

8th amendment

Answer 46

no excessive bail, no excessive fines, no cruel and unusual punishment,

Question 47

9th amendment

Answer 47

still have other rights

Question 48

10th amendment

Answer 48

powers that constitution doesn_t give to federal government are reserved to the states

Question 49

defamation

Answer 49

liable and slander

Question 50

unprotected speech

Answer 50

defamation, obsinity, danger to the public

Question 51

liable

Answer 51

written

Question 52

slander

Answer 52

oral

Question 53

obsinity

Answer 53

miller test 1)applying comtemporary standards does it appeal to excessive sexual affairs? 2) depict patently offensive, sexual conduct specifically defined by law? 3)lack serious literary, artistic, political, or scientific value? Answer to all 3 has to yes for unprotection

Question 54

search warrant

Answer 54

needs proabable cause

Question 55

substantive due process

Answer 55

fairness

Question 56

procedural due process

Answer 56

rules

Question 57

taking clause

Answer 57

in 5 amendment and states “just compenstation” is needed

Question 58

executive powers come from

Answer 58

article 2

Question 59

legislative powers come from

Answer 59

article 1

Question 60

judicial powers come from

Answer 60

article 3