Exam 1 Miscellaneous

Question 1

Requirements to amend the Constitution

Answer 1

2/3 of both houses need to vote for the provision
OR
States can call a convention where they can propose the amendment but 3/4 of the states need to ratify it.

Question 2

Requirements to regulate protected speech

Answer 2

1. implement substantial government interest
2. directly advance that interest
3. go no further than necessary

Question 3

Requirements for Standing to Sue

Answer 3

1. show harm
2. show Causation
3. show Remedy

Question 4

2 ways to have case heard by the US Supreme Court

Answer 4

1. Appeals of right
2. Writ of Certiorari

Question 5

What can parties control in ADR?

Answer 5

How to settle
What procedures are used
Whether a neutral 3rd party will be present or make decisions
Whether a decision will be legally binding

Question 6

Advantages and Disadvantages of Mediation

Answer 6

Advantages: fewer rules, custom process, and parties can control the results
Disadvantages: mediator fees, no sanctions or deadlines.

Question 7

Considerations in International Dispute Resolution:

Answer 7

Forum-selection and Choice-of-law

Forum-selection: which laws are we going to follow? Which state? Which country?
Choice-of-law: which court will hear the dispute?

Question 8

5 Stages of Litigation

Answer 8

1. The Pleadings
2. Discovery
3. Pre-trial
4. Trial
5. Post-trial

Question 9

Composition of the Pleadings

Answer 9

Must show Jurisdiction
Explain the Facts
The Prayer or Remedy

Question 10

Answer can be of 4 types:

Answer 10

General Denial
Change of Venue
Counterclaim against the Plaintiff
May allege affirmative defenses (various)

Question 11

Post trial motions:

Answer 11

Motion for a new trial
Motion for judgment n.o.v. (notwithstanding verdict.)

Question 12

Appellate court actions

Answer 12

Affirm, Reverse, or reverse and remand.

Question 13

Requirements for a Tort

Answer 13

1. Existence of a legal duty
2. Breach of that Duty
3. Causal relationship between the defendant’s conduct and the resulting damages to the plaintiff.

Question 14

2 types of compensatory damages

Answer 14

Special: monetary and quantifiable
General: non-monetary (example: pain and suffering.)

Question 15

Slander per se

Answer 15

Loathsome communicable disease (example: STDs)
Business improprieties (“they cheat their customers.”)
Being imprisoned for a serious crime
Serious sexual misconduct

Question 16

Defenses to defamation

Answer 16

Truth
Privileged speech (ex: statements made by an attorney in court.)
Qualified Privilege (ex: employers evaluation of their employees.)

Question 17

Fraudulent misrepresentation (fraud) has 5 requirements:

Answer 17

1. Misrepresentation of a material fact
2. Intent to induce another to rely on the misrepresentation
3. Justifiable reliance by innocent party
4. Damages suffered as a result of reliance
5. A causal connection between misrepresentation and the injury suffered.

Question 18

Defenses for trespass to land

Answer 18

1. Trespass is warranted (necessary) to assist another in danger
2. The trespasser is a licensee such as a utility provider.

Question 19

To prove negligence:

Answer 19

1. Duty of care
2. Breach of that duty
3. Breach caused the injury
4. Plaintiff suffered a legal injury

Question 20

Requirements for defense of negligence:

Answer 20

1. Plaintiff has adequate notice and understanding of the risks associated with an activity
2. Plaintiff knowingly and willingly engages in the act anyways

• this is frequently asserted when a plaintiff is injured during a recreational activity.

Question 21

Requirements for a Contract

Answer 21

1. Agreement: Offer and Acceptance
2. Consideration: something of value to both parties
3. Contractual Capacity: both parties must have the capacity to do so
4. Legal

Question 22

Types of causation in tort cases

Answer 22

1. Causation of fact (“But for…”)
2. Proximate cause

Question 23

Defenses for negligence:

Answer 23

Assumption of risk
Superseding intervening cause
Contributory to comparative negligence

Question 24

Basic judicial requirements:

Answer 24

Jurisdiction
Venue
Standing to sue

Question 25

Wrongful interference requires:

Answer 25

1. A valid enforceable contract must exist
2. 3rd party must be aware the contract exists
3. 3rd party must induce a party to breach that contract