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Intro to Law > Exam 4 > Flashcards

Exam 4 Flashcards

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1
Q

Chattel Property

A

Category or property associated with movable goods.

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2
Q

Fixtures

A

Goods that have become so related to particular real property than an interest in them arises under real property law

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3
Q

Trademarks

A

A word, phrase, design, or combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods and services.

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4
Q

Patents

A

Technical inventions, such as chemical compositions like pharmaceutical drugs, mechanical processes like complex machinery, or machine designs that are new, unique, and usable in some type of industry.

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5
Q

Copyright

A

Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.

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6
Q

Concept of right of survivorship

A

Each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenants interest disappears and the others tenants’ shares increase proportionally and obtain the rights to the entire estate.

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7
Q

Attributes of tenancy by the entireties

A

Only applicable to husbands and wives; neither spouse can individually terminate it; alone they can not sell or lease an interest in such property without consent of the other.

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8
Q

Key distinction between joint tenancy & tenancy in common

A

Joint tenants must receive their property interest simultaneously and from the same source and must have an equal share with equal right to possess the entire property. On the other hand, tenants in common can receive their interest at different times and sources and don’t have to possess equal shares.

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9
Q

Attributes of a life estate

A

Lasts until the death of the owner or another specified individual.

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10
Q

Distinction between a warranty deed & quitclaim deed

A

Warranty deed makes a promise. Quitclaim deed makes no promise.

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11
Q

Constitutional requirements for government’s exercise of eminent domain

A

Fifth Amendment: Property must be put to public use & the owner is entitled to “just compensation” for his loss.

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12
Q

Nature of an FED action

A

Forcible eviction and detainer: action to evict a tenant.

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13
Q

Sources of law governing civil procedure in Alaska

A

Rules of court: General & Local
Statutes
Case Law

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14
Q

Key distinctions between an action at law & an action in equity

A

At law: Claim for damages
In equity: Claim for non-monetary remedy

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15
Q

Personal jurisdiction vs subject matter jurisdiction

A

Personal jurisdiction: Authority over parties & may be created by parties’ consent.
Subject matter jurisdiction: Authority to hear type of proceeding & cannot be created by court or parties’ consent.

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16
Q

In rem jurisdiction vs in personam jurisdiction

A

In rem: against a thing
Personal: Authority over parties.

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17
Q

Concept of venue

A

Proper geographical court in which to file an action (where defendant resides or where cause of action arose)

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18
Q

Function of a summons

A

To notify a defendant that a lawsuit has been filed against them and they must file an answer within a specified number of days.

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19
Q

Nature of a class action

A

A suit brought by a “class” representative on behalf of all.

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20
Q

Alaska prerequisites for class action

A

Class is so numerous that joinder of all members is impracticable; questions of law or fact common to the class; claims or defenses of the representative parties are typical of the claims or defenses of the class; and the representatives will fairly and adequately protect the interests of the class.

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21
Q

Scope of discovery under Civil Rule 26

A

Relevant & not privileged; need not be admissible at trial.

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22
Q

Attributes of work product

A

Privileged material prepared in anticipation of litigation.

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23
Q

Relationship between work product doctrine & discovery

A

If work product is requested, the party requesting must show a substantial need for preparation in their case and they’re unable without undue hardship to obtain the substantial equivalent of the materials by other means.

24
Q

Concept of alternative dispute resolution (ADR)

A

Any method of resolving disputes without litigation.

25
Q

Advantages of alternative dispute resolution

A

Rapidity, confidentiality & flexibility. Reduces burden on courts, saves public and litigant funds, greater litigant satisfaction.

26
Q

Approximate percentage of civil cases resolved without trial in state courts in recent years

A

99% (1% concluded at trial in state courts)

27
Q

Public policy in Alaska regarding alternative dispute resolution

A

There is a strong public policy in favor of the settlement of disputes. They facilitate communication and compromise; encourage litigants to voluntarily resolve their disputes; and simplify, shorten and settle litigation without taking up valuable court resources.

28
Q

Essential distinction between binding & nonbinding ADR

A

Binding: Agreed to give up their right to go to court and are bound by some method of ADR.
Nonbinding: Retain rights to litigate dispute.

29
Q

Attributes of negotiation

A

Parties discuss contested issues in attempt to resolve dispute & can take place before suit is filed and before or after trial.

30
Q

Attributes of mediation

A

Third party to evaluate case and bring parties together. Often used in family law, labor law, and personal injury litigation.

31
Q

Law governing arbitration in Alaska

A

AS 09.43.010
Uniform Arbitration Act

32
Q

Function of a discovery referee or special master

A

Hired by parties or appointed by court to decide disputed pretrial matters.

33
Q

Plea bargains & issue of disparate power

A

Allows threats to become a deciding factor in plea bargains.

34
Q

Rules of evidence vs evidence rules commentary

A

Rules of evidence are the laws and commentary simplifies an explanation of the rules.

35
Q

Four basic types of evidence

A

Witness testimony
Exhibits
Stipulated facts
Judicial notice (fact or law)

36
Q

Attributes of stipulated facts

A

Facts on which parties agree; must be offered and admitted into evidence.

37
Q

Attributes of judicial notice

A

Not subject to reasonable dispute in that it is either generally known within this state or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

38
Q

Categories of judicial notice

A

Fact and law

39
Q

Lay witnesses & personal knowledge

A

Lay witnesses give testimony about an event based on his or her personal knowledge.

40
Q

Definition of relevant evidence

A

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

41
Q

Function of Evidence Rule 403

A

Evidence may be excluded if its probative value is outweighed by the danger or unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

42
Q

Types privileges recognized under the Alaska Rules of Evidence

A

Refuse to be a witness, refuse to disclose any matter, refuse to produce any object or writing, prevent another from being a witness or disclosing any matter or producing any object or writing.

43
Q

Four common methods of impeaching a witness

A

Personal bias
Prior inconsistent statements
Prior convictions
Character for untruthfulness

44
Q

Definition of hearsay

A

Out of court statement offered in evidence to prove the truth of the matter asserted.

45
Q

Five parts to a trial identified in jury instruction 1.03

A

Opening statements
Presentation of the evidence by both parties
Closing arguments
Instruct the jury about the law they must apply to reach their decision
Jury deliberations

46
Q

Sources of law governing conduct of state court trials in Alaska

A

AK Civil Rule 46 (Conduct of Trials)
Criminal Rule 27 (Proceedings upon trial - management of juries)

47
Q

Sources of law governing federal trials in Alaska

A

Chapter 121

48
Q

Function of a motion in limine

A

A motion, heard in advance of jury selection, which asks the court to instruct the defendant (or plaintiff), its counsel and witnesses not to mention certain facts unless and until permission of the court is first obtained outside the presence and hearing of the jury.

49
Q

Essential elements of a trial brief

A

No more than 25 pages and must include:
Listing by docket number of the operative complaint and each substantive pre-trial order
Description of each claim that is at issue for the trail, together with a summary, by claim, of the anticipated evidence
Discussion of relevant legal authority
Summary of anticipated evidentiary issues

50
Q

Source of jury venire in Alaska

A

Adults who apply for PFD

51
Q

Function of voir dire

A

Potential jurors are question by either the judge or lawyer to determine their suitability for service.

52
Q

Voir dire challenges for cause vs. peremptory challenges

A

For cause: denial due to juror not be fair and impartial.
Peremptory: denial without reason.

53
Q

Verdict requirements in criminal vs. civil cases

A

Criminal: Unanimous
Civil: 5/6

54
Q

Function of an in-court clerk

A

Administers the oath to prospective jurors & witnesses; responsible for physical exhibits introduced into evidence; responsible for other administrative aspects of a trial.

55
Q

Policy issues associated with felon jury disqualification

A

Racially discriminatory

56
Q

Function of a Batson challenge & contemporary issues of a representative jury

A

To point out discriminatory practices; doesn’t allow for a jury of one’s peers

57
Q

Concept of implicit bias and associated policy issues

A

Automatic and unintentional bias.
May act as a barrier to objective and unprejudiced justice.

Intro to Law (6 decks)

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