exam 1

Question 1

Right to privacy

Answer 1

an individuals legal right to be left alone and live life free from unwanted publicity
ex: Stans case= despite a reasonable expectation of privacy in ones home, one does not have a reasonable expectation of privacy in whatever one willingly exposes to the public, even if the exposure is in ones home

Question 2

Litigation

Answer 2

Process of taking legal action

• lawsuit
• legal dispute
• prosecution
• indictment= formal charge

Question 3

American Bar Association (ABA)

Answer 3

largest organization of American Lawyers

• authoritative in formulation guidelines for the practice of law and giving direction to legislation, and evaluation federal judges
• calls for more stringent standards for admission to the practice of law
• established in 1878

Question 4

tort reform

Answer 4

refers to proposed changes in the civil justice system that aim reduce the ability of victims to bring tort litigation or to reduce the damages they can receive
-critics of the civil justice process are known as “tort reformers”

Question 5

Hierarchy of the federal court system

Answer 5

U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts
Specialized federal courts

Question 6

U.S. Supreme Court

Answer 6

• original jurisdiction

- gets cases in 3 ways: appeal, petition, and certification (other courts ask for help)

Question 7

U.S. Court of Appeals

Answer 7

• only appellate jurisdiction
• Maryland is in the 4th circuit
• en banc= all judges take part in the decision
• nearly always 3 judge panels

Question 8

Specialized federal courts

Answer 8

1. court of federal claims
2. court of international trade
3. court of appeals for the armed forces
4. tax court
5. court of veterans appeal

Question 9

Hierarchy of Maryland Court System

Answer 9

MD Court of Appeals
MD Court of Special Appeals
MD Circuit Court (8)
MD District courts (12)

Question 10

MD Court of Appeals

Answer 10

• court of last resort
• 7 total judges
• original jurisdiction
• appellate jurisdiction

Question 11

MD Court of Special Appeals

Answer 11

• all cases by appeal

- 3 judge panels to make decisions

Question 12

MD Circuit Court

Answer 12

• appellate and original jurisdiction
• criminal cases= max penalty is 3 years or greater or a fine of $2,500 or more
• civil cases= $5,000 or more, including ALL greater then $30,000

Question 13

MD District Court

Answer 13

• limited and original jurisdiction
• always bench trials
• mostly motor vehicle cases
• criminal= max penalty is less than 3 year imprisonment and less than 2,500 fine

Question 14

Presidential Recess Appointment

Answer 14

permits the president to appoint persons to a fill a judicial vacancy when congress is in recess without first obtaining the advice and consent of the senate

Question 15

reasons the president will appointment someone to judicial judges

Answer 15

1. objective merit
2. personal friendship
3. representativeness based on religion, race, gender or geography
4. ideological compatibility

Question 16

Common law

Answer 16

“judge made law”
judge fills in when legislation has not made law
-precedent= decides something for the first time
-stare decisis= “let the decision stand”

Question 17

mens rea

Answer 17

the INTENT to commit a criminal act

Question 18

actus rea

Answer 18

the ACT of committing a crime

Question 19

entrapment

Answer 19

tricking someone into committing a crime

Question 20

jury selection

Answer 20

1. voir dire= “to see what is said” process of questioning a pool of jurors
2. lawyers begin to exercise challenges of cause and peremptory challenges
   - federal courts always use 12 member juries in criminal cases

Question 21

Challenge for cause

Answer 21

removing a person whose biases or likely biases are open and obvious

Question 22

peremptory challenge

Answer 22

lawyer may use it to remove a person who exhibits no obvious bias but whose background or appearance suggest that person could be hostile towards the lawyers case

Question 23

plaintiff

Answer 23

person who brings a case to court

Question 24

defendant

Answer 24

person being sued or accused

Question 25

negligence

Answer 25

failure to behave with the level of care that someone of ordinary prudence would have exercised in the same circumstance

Question 26

contributory negligence

Answer 26

failure of an injured plaintiff to act prudently considered to be a contributing factor in the injury suffered

Question 27

comparative negligence

Answer 27

the fault/ negligence of each party involved is based upon their respective contribution to the accident

Question 28

equity

Answer 28

One party goes to court seeking judicial relief, make someone do something or prevent someone from doing something by court order

• usually “under peril” time matters
• never seeking money

Question 29

remitter

Answer 29

a party who is the source of funds in a payment order

Question 30

class actin

Answer 30

lawsuit in which a group of people with the same of similar injuries caused by the same product or action sue the defendant as a group
-also called “ mass tort litigation”

Question 31

respondent superior

Answer 31

holds an employer legally responsible for the wrongful acts of an employee of agents, if such acts occur within the scope of the employment or agency

Question 32

compensatory damages

Answer 32

awarded in civil cases where loss has occurred as a result of negligence or unlawful conduct of another party

Question 33

punitive damages

Answer 33

damages exceeding simple compensation and awarded to punish the defendant

Question 34

Tort

Answer 34

simply a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered