final

Question 1

Incorporation

Answer 1

the process of forming a business corporation. The doctrines selected provisions of the Bill of Rights are made applicable to the states through the due process clause of the 14th Amendments. Therefore incorporation laws are governed by state laws, which vary by state.

Question 2

what remedies are available in a successful tort action

Answer 2

1. legal remedies: “damages” monetary payments
2. restitutionary remedies: restore the plaintiff to a position of “wholeness”
3. equitable remedies: when monetary wont work. ex: restraining order

Question 3

tort reform

Answer 3

tort reformers are people who try to limit tort litigation, by lowering the amount of damages that can be awarded. Needs to be reformed because there would be less frivolous lawsuits which would save time and money.

Question 4

Negligence

Answer 4

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

Question 5

contributory negligence

Answer 5

failure of an injured plaintiff to act prudently, considered to be a contributing factor in the injury suffered and sometimes reducing the amount recovered from the defendant

Question 6

comparative negligence

Answer 6

reduces the amount of damages that a plaintiff can recover based upon the degree to which the plaintiffs own negligence contributed to the cause of injury

Question 7

How does a negligent act differ from a criminal act

Answer 7

the intent of the act.
mens rea the intent to commit a crime
actus rea the actual act of committing a crime

Question 8

equity

Answer 8

one party goes to court seeking judicial relief, make someone do something or prevent someone from doing something by court order, usual under peril meaning that time matters. never seeking money ex: injunction remedy

Question 9

remitter

Answer 9

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

Question 10

class action

Answer 10

lawsuit in which a group of people in the same or similar injuries caused by the same product or action sue the defendant as a group, also called “mass tort litigation” A class action gives consistent relief to all plaintiffs. While in private actions the defendant could win against one and lose against another. Members of the class have no control over how the class action suit is handled or what settlement is reached. more control in a private suit. Profit from large corporations like a bank case. courts benefit by less separate cases to hear.

Question 11

norm enforcement v. policy making

Answer 11

norm enforcement is the understandings that govern the behavior of members of society. Policy making is the act of creating laws or setting standards. not all cases have political implications and when there is none is when courts preform norm enforcement.

Question 12

judicial review

Answer 12

principle by which courts can declare acts of wither the executive or legislative branch unconstitutional. When a federal law is inconsistent with the constitution, the court must declare the law unconstitutional and refuse to enforce it. First seen in case Marbury v. Madison (1803) where the court struck down a federal statute for the first time.

Question 13

different types of damages available to plaintiffs

Answer 13

compensatory damages: awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. Awarded for pain and suffering
punitive damages: damages exceeding simple compensation and awarded to punish the defendant.

Question 14

standard of proof in a civil v. criminal case

Answer 14

criminal: “beyond a reasonable doubt”
civil cases are proved by lower standards
civil: “the preponderance of evidence” more likely than not something occurred.

Question 15

statutory law

Answer 15

made by the government, written laws

Question 16

common law

Answer 16

“judge made law” when the court steps in if there has not been a previous decision this is known as precedent

Question 17

How does each of the branches restrain the others

Answer 17

each branch of government is made in checks and balances to be able to amend or veto acts of another branch so as to prevent any one branch from exerting too much power

Question 18

who initiates the process of impeachment

Answer 18

the constitution permits congress to remove presidents before their term is up if enough law makers vote to say that they committed “treason, bribery, or other high crimes and misdemeanors.” The senate becomes jury and judge. The president can not appeal.

Question 19

Justices and the supreme court

Answer 19

there are 9 supreme court justices, the supreme court is led by one justice called the chief justice and the other 8 are known as associate judges. Justices are nominated by the president and confirmed by the senate. Once confirmed, justices serve for life. The U.S. constitution established the supreme court but left it to congress to decide how many justices should make up the court. Started with 6 justices in 1789.

Question 20

interest groups

Answer 20

Falls into 3 categories: legal community, other interest groups, and people who seek nominations for themselves. The American Bar Association evaluates nominees on their qualification. Law professors and other prominent attorneys often announce their evaluations. Liberal or conservative groups will have similar views as the President. Vacancy provides a valuable opportunity to influences the courts direction.