EXAM EXTRA ACC 473

Question 1

___________ in a court, when they are evaluating a case if there has been another case with similar facts. The law applies to the case being evaluated, and the _____ fits.

Answer 1

Precedents; precedent

Question 2

__________ sometimes there is no law and the case needs to be evaluated.

Answer 2

Cases of first impression

Question 3

The basis of law is ____.

Answer 3

ethics

Question 4

If a president issues an _____, the next president cant nullify the orders.

Answer 4

EO

Question 5

Once the _____ is passed as a constitutionalized ammendment it cannot be taken away.

Answer 5

EO

Question 6

_____________- created by legislative bodies (congress and state legislature.

Answer 6

STATUTORY LAW

Question 7

_____ created by counties.

Answer 7

ORDINANCE

Question 8

_____ made by judges.

Answer 8

common law

Question 9

______ make law in the form of statues.

Answer 9

federal governments

Question 10

_____ create rights and duties. EX; contracts, tortes, prperty law.

Answer 10

substantive law

Question 11

_______ ex: there is a car accident and you need to get jurisdiction, lawyer, and court.

Answer 11

procedural law

Question 12

______ offenses against the state. The state prosecutes it not the victim. There mst be good circumstances and evidence.

Answer 12

CRIMINAL LAW

Question 13

________ all law thats not criminal law. Sueing for loses. Seeking a remedy. Business law with a preponderance of evidence can involve GOVT.(IRS)

Answer 13

civil law

Question 14

TT=

Answer 14

plantiff

Question 15

TRIANGLE=

Answer 15

defendent

Question 16

If damages are greater than 75k, ___________ is a possibility.

Answer 16

federal court

Question 17

________ -negotiation, mediation, or arbitration

Answer 17

ADR

Question 18

_____ is important in international business.

Answer 18

adr

Question 19

To make a lawsuit successful you have to have an actual ______.

Answer 19

case

Question 20

Potential deep pocket cases that will make a ton of money, the lawyers wont ask or make you ______

Answer 20

pay an hourly fee

Question 21

First step in filling a complaint is _______________

Answer 21

Facts of the case (from the prespective plantiff)

Question 22

The second step in filling a coplaint is __________.

Answer 22

cause of action

Question 23

The third step in filing a complaint is ________

Answer 23

prayer fro damages - how much money you want (praying for money)

Question 24

What is the fourth step in filing a petitiion?

Answer 24

Pleadings of complaint

Question 25

\_\_\_\_\_\_ peice of paper saying that youve been sued.

Answer 25

pleadings of complaint

Question 26

\_\_\_\_\_\_\_ can help you serve someone out of state.

Answer 26

long are statute.

Question 27

If a potential degfendebnt wants to make a couter claimthey can do so with a \_\_\_\_\_\_.

Answer 27

motion

Question 28

What is the first stage of trial steps?

Answer 28

Judge will try to mediate parties

Question 29

What is the second step of stage trial?

Answer 29

Attorneys will examine witness

Question 30

what is the third step of stage trial?

Answer 30

discuss legal arguments

Question 31

What is the fourth step of stage trial?

Answer 31

Jury selection

Question 32

Examples of witnesses to a car accident case could be.....

Answer 32

-witness of case, physicist with PHD, and medical doctors

Question 33

At the third stage of trial steps when discussing legal arguments; if its been established that the defendent was negligent it could just be a \_\_\_\_\_\_\_\_.

Answer 33

discussion of damages

Question 34

Voir Dire=

Answer 34

speaks the truth

Question 35

\_\_\_\_\_\_\_ you can say that you do not want on of the jurors selected.

Answer 35

premptory change

Question 36

How many premptory changes can the attorney have?

Answer 36

3

Question 37

There are ______ limitations to the premptroy.

Answer 37

constitutional

Question 38

Judges usually ____ law to jurors

Answer 38

teach or explain

Question 39

Sometimes jurrors will just state their opion and even say that the law is \_\_\_\_.

Answer 39

wrong

Question 40

What are the 4 things a losing party can do to request a new trial?

Answer 40

must say why, must do it a few days after end of initial trial, could make accusition of jurror miscounduct, could present changing or new evidence,

Question 41

Res jurisdiciton

Answer 41

matter has been declined

Question 42

How many people are on the pannel of apellet judges?

Answer 42

3

Question 43

\_\_\_\_\_\_ will need new trial. Some judge with no jurry.

Answer 43

remanding

Question 44

\_\_\_\_\_\_ how some governments are structured in the USA. (the centeral government)

Answer 44

federalism

Question 45

\_\_\_\_\_ constitution has numerated powers

Answer 45

comerce clause

Question 46

Example of a state government police powers in Nevada

Answer 46

prostitituion is illegal in clark county and washo but they do not say it is legal in other counties in nevada.

Question 47

Example of stae law.

Answer 47

Liqour licensing 7/ 11 in NV you can get liquor anytime at anyone. In pensyvania you cant get liqour anywhere but state controlled shops.

Question 48

Sometimes state and federal laws \_\_\_\_\_\_.

Answer 48

collide

Question 49

\_\_\_\_\_\_ and credit clause can force the state to accept the (action at question)

Answer 49

full faith

Question 50

\_\_\_\_\_\_ congress can regulate comerse (business) ex; railroads, steam boats, other transportation between states.

Answer 50

comerse clause

Question 51

\_\_\_\_\_\_ - giving opinion in the direction the law is goin. (not precedent)

Answer 51

dictupm

Question 52

\_\_\_\_\_ have to conform with commerce clause

Answer 52

federal state laws

Question 53

Takes very little impact to affect ______ comerce

Answer 53

interstate

Question 54

\_\_\_\_\_\_ action of government.

Answer 54

state action

Question 55

Under state action you are not protected under private sector but you are protected by \_\_\_\_\_\_.

Answer 55

state commerce

Question 56

All rights in _______ have exceptions

Answer 56

constitution

Question 57

\_\_\_\_\_\_\_ things that can be regulated

Answer 57

exceptions