General Law

Question 1

What was the King’s Court of Common Pleas considered to be?

Answer 1

The Law court; very technical

Question 2

What was considered the equity court in old times?

Answer 2

Court of Chancery

Question 3

What is natural law?

Answer 3

Emphasized the individual’s right to make personal choices as long those choices didn’t interfere with another’s right to make personal choices.

Question 4

What is legal positivism?

Answer 4

Philosophy emphasizing institutional rule of law and distinguishes law from morality. Reflected in the maxim “Hard cases make bad law.”

Question 5

What is Sociological Jurisprudence?

Answer 5

Philosophy which promotes society’s values as the measuring stick for right and wrong; it evaluates a legal rule by looking at its social effect

Question 6

what is legal realism

Answer 6

Philosophy which determines what reasonable people would do in a given situation and then sanctions that conduct

Question 7

What is the difference between Public and Private Law?

Answer 7

Public –> rules involving the relationship of government to society as a whole (Constintutional, administrative, and criminal)

Private –> Rules which involve the relationship of private individuals to each other. (Tort, contract, property)

Question 8

What is Separation of Powers?

Answer 8

Dividing government powers among the legislative, judicial and executive

Question 9

The Federal government is one of ______ power

Answer 9

Limited

Question 10

What is an enabling act?

Answer 10

authorizes an agency to exist and lists the specific areas to be administered by it.

Question 11

What is quasi-legilastive function?

Answer 11

Refers to a rule-making power exercised by an agency to clarify or explain statutes within its authorized area of expertise.

Question 12

What is a Quasi-Judicial Function?

Answer 12

When an administrative agency has authority to investigate, enfore and interpret its own rules and regulations.

Question 13

All Federal Agencies must comply with the _________?

Answer 13

Administrative Procedure Act

Question 14

Are Uniform Codes, acts or laws required to be adopted in each state?

Answer 14

No, just encouraged

Question 15

What does the Erie Doctrine say?

Answer 15

THERE IS NO FEDERAL COMMON LAW

Question 16

The United States Contitution is considered ________?

Answer 16

The supreme law of the land (accoring to Article 6)

Question 17

What are the 3 functions that the constitution serves?

Answer 17

1) limits the power of the states
2) enumerates the powers granted to the federal governement by the states
3) it guarantees certain fundamental rights to the people of the U.S.

Question 18

What does the Supremacy Clause of Article 6 do?

Answer 18

Makes state law subordinate to Federal law.

FEDERALISM

Question 19

What is a state’s police power?

Answer 19

Allows it regulate in any area affecting the general health, safety, and welfare of its citizens.

Question 20

What does Article 1 do?

Answer 20

Establishes Congress

• impose taxes, borrow $$, regulate INTERSTATE commerce, commerce with foreign countries, control bankruptcy laws, issue currency, appropriate money, punish the counterfeiting of money, establish post offices, control patents and copyrights, create inferior federal courts, declare war, provide for national defense, enacting federal statutes

Question 21

What are the 3 things in which Article 1 forbids of Congress?

Answer 21

1) Suspend Writ of Habeas Corpus
2) Passing a bill of attainder
3) Ex post facto laws

Question 22

What does article 2 do?

Answer 22

vests executive power in the President who appoints officers, make treaties with foreign nations, appoint ambassadors, and appoint judges to the supreme court. As a check on the legislative branch the preseident can veto acts of Congress.

Question 23

What are the Bill of RIghts?

Answer 23

The first 10 amendments to the constitution:

1) Speech
2) bear arms
3) no quartering of soldiers
4) no unreasonable searches or seizures
5) no double jeopardy or self-incrimination; due process of law
6) right of accused to a speedy trial and to assistance of counsel
7) Right to a jury trial in civil cases over $20
8) No excessive bail or fines; no cruel or unusual punishment
9) Constitutional powers do not diminsh rights retained by the people
10) States retain powers not delegated under the constitution and not prohibited by it to the states.

Question 24

Which Amendment is called the Equal Protection Clause?

Answer 24

14th

Question 25

What does Substantive Due Process require?

Answer 25

Fundamental fairness in the content of the statute or rule

Question 26

What does Procedural Due Process require?

Answer 26

Fundamental fairness in terms of NOTICE and OPPORTUNITY TO BE HEARD

Question 27

What is jurisdiction?

Answer 27

The power or authority of a court to hear a specific case

Question 28

Federal Courts are created by ______?

Answer 28

Federal Statute

Question 29

What is subject Matter jurisdiction?

Answer 29

relates to the type of case which a court is authorized to hear. It CAN NOT be waived and can be raised at any point in the litigation process, including the appeal.

Question 30

Can a court be both one of Limited Jurisdiction and General Jurisdiction

Answer 30

NO

Question 31

Can a court be both one of original jurisdiction and appelate jurisdiction

Answer 31

Some

Question 32

What is personal jurisdiction?

Answer 32

Refers to court’s power or authority over the parties to the litigation

Question 33

How can personal jurisdiction be acquired?

Answer 33

1) Defendant’s consent
2) Defendant’s domicile in the same state where the action is filed
3) Long-arm statutes (for out of state defendants)

Question 34

When does a court have In Rem Jurisdiction?

Answer 34

When the subject matter of the suit relates directly to property located within the court’s geographic boundary lines

Question 35

What is quasi in rem jurisdiction?

Answer 35

Arises when the subject matter of the suit does not relate to property in the court’s jurisdiction, but the defendant has property in the court’s jurisdiction which may be used to satisfy the judgment

Question 36

What is venue?

Answer 36

Refers to the place of trial or location within a particular jurisdiction where trial should take place.

Question 37

How many justices are on the U.S. Supreme Court?

Answer 37

9

Question 38

What types of cases does the U.S. Supreme Court have original jurisdiction in?

Answer 38

1) Disputes between 2 or more states (THIS IS THE ONLY EXCLUSIVE ONE!!!)
2) Actions in which ambassadors, public ministers, or foreign consuls are parties
3) Disputes between the U.S. and a state
4) Actions by a state against citizens of another state or against aliens.

Question 39

The Court of Appeals for the Federal Circuit has exclusive appellate jurisdiction over which cases?

Answer 39

Copyright, patent, trademar, plant variety protection, decisions of U.S. Claims court, U.S. Court of International Trade, and the U.S. Court of Veterans Appeals

Question 40

What are the 2 prominent areas that the United States District Court has original jurisdiction over?

Answer 40

Federal Question cases and Diversity of Citizenship cases

Question 41

What areas do the the U.S. District Court have exclusive original jurisdiction over?

Answer 41

• Admiralty, maritime and prize cases
• Suits brought by the U.S., its agencies or officers
• Suits in bankruptcy
• Suits involving ambassadors and other public ministers and consuls.

Question 42

State courts have concurrent jurisdiction with federal courts in all matters Except:

Answer 42

Those which are exclusivly within federal jurisdiction (i.e. bankruptcy)