Final Review

Question 1

administrative law

Answer 1

the body of law deadling with the structure, authority, policies and procedures of administrative and regulatory agencies

Question 2

antitrust law

Answer 2

the body of law defining antutrust violations and providing remedies for such violations

Question 3

cease and desist orders

Answer 3

an order issued by an administrative agency requireing a person to stop certain designated activities

Question 4

collective bargaining

Answer 4

negotiations between represenatitives (usually union leaders) on behalf of employees and representatives on behalf of an employer. Usually focuses on wages and working conditions.

Question 5

discrimination

Answer 5

treatment of persons unequally based on their ace, religion, sex or national origin

Question 6

disparate impact

Answer 6

a facially neutral law or policy that has a differential impact on members of different races or genders.

Question 7

exhaustion of remedies

Answer 7

the requirement that a party seeking review by a court first exhaust all legal option for resolution of the issue by nonjudicial authorities or lower courts

Question 8

gerrymandering

Answer 8

the intentional manipulation of legislative districts for political purposes

Question 9

malfeasance

Answer 9

commission of an illegal act done under color of office. Most serious; can result in removal from office.

Question 10

misfeasance

Answer 10

performance of a legal act in an illegal manner (mid-serious, can result in )mid-serious, can result in suspension)

Question 11

nonfeasance

Answer 11

neglect of duty (done all the time, little punishment)

Question 12

preclearance

Answer 12

requirement under the Voting Rights Act that changes in state voting and elections law must be approved by the Attorney General before they can take effect

Question 13

sunshine laws

Answer 13

federal and state laws requiring certain governmentmeetings to be conducted in public

Question 14

Tell me about the difference between void and voidable.

Answer 14

A voidable contract is one in which one party may, at their option, choose to enforce or not to enforce a contract. On turning 18, for example, one who signed a contract to buy a car as a minor may choose to disaffirm the contract.

A void contract is one that has no legal effect, as if it never existed. Examples of contracts not able to be upheld by law are gambling contracts and extra marriages.

Question 15

Tell me about the four things needed to prove negligence.

Answer 15

Four things are needed to prove negligence.

The first is that the defendant owed a duty to act in a manner as not to expose the plaintiff to an unreasonable risk. The standard of duty can vary depending on circumstances–for example, a doctor is held to a higher duty of care within his or her profession.

The second is that the duty was breached–that the reasonable standard of care was violated.

The third item the plaintiff must prove is proximate cause–that the plaintiff’s injuries were most directly caused by the defendant’s violation of his duty of care, and that those injuries were foreseeably caused by the breach.

Fourth, the plaintiff must demonstrate actual injury or loss caused by the defendant’s negligent actions.

Question 16

Tell me about the two types of comparative negligence.

Answer 16

In pure comparative negligence, the plaintiff may recover relative damages from the defendant irrespective of his own negligence. Even if the plaintiff is found to be 80 percent negligent, while the defendant is 20 percent, the plaintiff will still be able to collect 20 percent of damages.

In modified comparative negligence, a threshold of 50 percent negligence is applied to the plaintiff for recovery of damages. In the example above, then, the plaintiff, being 80 percent negligent, would recover nothing.

Question 17

Tell me about testate and intestate succession

Answer 17

If a person dies testate, that means he or she has created a valid, known last will and testament. In this case the estate, barring contrary statutes, will be distributed by an appointed executor according to the deceased’s expressed desire.

If a person dies intestate, there is no known last will and testament. In this case, the state applies its own laws and distributes property to the heirs of the deceased, by way of an administrator appointed by the probate court. If there are no surviving heirs to the estate, the property escheats, or goes to the state.

Question 18

Tell me about Joint Tenancy with Right of Surivorship and Tenants in Common

Answer 18

In Joint Tenancy, the owners each own an undivided portion of the real estate. Upon death of one owner, the survivors gain ownership of the decedent’s share.

In Tenants in Common, each tenant owns an undivided interest in the real estate. Upon death of one owner, the decedent’s interest in the property succeeds according to either his will or the intestate laws of the jurisdiction.

Question 19

Tell me about the difference between a warranty deed and a quitclaim dee

Answer 19

A warranty deed is an interest in real property with a guarantee that nobody has a better claim on the property than he to whom the title is transferred. These deeds include the grantor’s warranty to defend the title to the property.

A quitclaim deed, by contrast, is one transferred with no guarantees. Often used in divorce proceedings, it is the transferrance of interest to whatever property the grantor has, if any.

Question 20

Tell me about malfeasance, misfeasance and nonfeasance.

Answer 20

Malfeasance, misfeacance and nonfeasance regard prohobited actions of public officers, and are decreasingly serious in the order listed.

Malfeasance is the commission of oan illegact act done under color of office and can result in the perpetrator’s removal from office.

Misfeasance is the performance of a legal act in an illegal manner. This can result in a less serious consequence, such as suspension.

Nonfeasance is the neglect of the officer’s duties. This is found fairly commonly and rarely results in punitive action.

Question 21

Tell me about the two elements of a crime–actus reus and mens rea

Answer 21

The two parts consituting a crime are actus reus and mens rea.

Actus reus–“guilty act”–is the actual performance of the crime, or the wrongful act. This can include omissions where there is a duty to act, such as failing to nurture one’s children.

Mens rea–“guilty mind”–examines the mental state of the perpetrator and whether criminal intent was present during commission of the crime. Modern classifcations of criminal intent examine whether the act was committed “purposely,” “knowingly,” “recklessly,” or “negligently.”

Question 22

Tell me about the six categories of contracts which need to be in writing according to the statute of frauds.

Answer 22

The statute of frauds requires 6 types of contracts to be in writing. MYLEGS.

Marriage contracts

Year – whenever the time elapsed from the date a contract is drawn until action exceeds a year, the contract must be in writing.

Land – offers to sell, easements, leases over a year

Estate debts of another, such as funeral costs

Goods over $500

Suretyships – (jointly liable, severally payable) agree that you must have exhausted all efforts to obtain payment from a certain co-signer before attempting to collect from the other