Law class exam one

Question 1

Moral principles and values applied to social behavior.

Answer 1

Ethics

Question 2

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Answer 2

Statutory law

Question 3

The failure, without legal excuse, of a promisor to perform the obligations of a contract.

Answer 3

Breach of contract

Question 4

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

Answer 4

Civil law

Question 5

The first ten amendments to the U.S. constitution.

Answer 5

Bill of Rights

Question 6

The authority of a court to hear and decide a specific action.

Answer 6

Jurisdiction

Question 7

The geographical district in which an action is tried and from which the jury is selected.

Answer 7

Venue

Question 8

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Answer 8

Discovery process

Question 9

A clause in Article IV, Section 1, of the Constitution that provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.” The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.

Answer 9

Full Faith and credit clause

Question 10

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress power to regulate interstate commerce.

Answer 10

Commerce clause

Question 11

The provision in Article VI of the Constitution that provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

Answer 11

Supremacy clause

Question 12

Heart of Atlanta Motel v. United States, case in which the U.S. Supreme Court ruled on Dec. 14, 1964, that in passing Title II of the Civil Rights Act (1964), which prohibited segregation or discrimination in places of public accommodation involved in interstate commerce, the U.S. Congress did not exceed the regulatory ..

Answer 12

Heart of Atlanta case

Question 13

A legal hotline is a service designed to provide legal advice and information by telephone at the time the client contacts the program or soon thereafter. This definition includes programs that provide answers to clients’ legal questions, analysis of their legal problems, and advice on solving those problems. Hotlines may perform brief services such as making phone calls, writing letters or preparing documents on behalf of clients.

Answer 13

Hotline

Question 14

The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion.”

Answer 14

Establishment clause

Question 15

is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person’s property and confiscate any relevant evidence found in connection to the crime.

Answer 15

Search and Seizure

Question 16

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

Answer 16

Search warrant

Question 17

In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them.

Answer 17

Negotiation

Question 18

The act of transferring to another all or part of one’s rights arising under a contract.

Answer 18

Assignment of a contract

Question 19

A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

Answer 19

Sovereign Immunity

Question 20

A promise that certain facts are truly as they are represented to be.

Answer 20

Warranty

Question 21

An interest either in a person’s life or well-being or in property that is sufficiently substantial that insuring against injury to (or the death of) the person or against damage to the property does not amount to a mere wagering (betting) contract.

Answer 21

Insurable interest

Question 22

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search of arrest of a person.

Answer 22

Probable cause

Question 23

An agreement formed between two or more independent nations.

Answer 23

Treaty

Question 24

A promise or commitment to preform or refrain from performing some specified act in the future.

Answer 24

Offer

Question 25

In contract law, the offeree’s notification to the offeror that the offeree agrees to be bound by the terms of the offeror’s proposal. Although historically the terms or acceptance had to be the mirror image of the terms of the offer, the Uniform Commercial Code, provides that even modified terms of the offer in a definite expression of acceptance constitute a contract.

Answer 25

Acceptance

Question 26

Generally, the value given in return for a promise or a performance. The consideration, which must be present to make the contract legally binding, must be something of legally sufficient value and bargained for.

Answer 26

consideration

Question 27

An agreement that can be enforced in court; formed by two or more parties; each of whom agrees to perform or to refrain from performing some act now or in the future.

Answer 27

contract

Question 28

A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made; may be effected through the mutual consent of the parties, by their conduct, or by court decree.

Answer 28

rescission

Question 29

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Answer 29

complaint

Question 30

Procedurally, a defendant’s response to the plaintiff’s complaint.

Answer 30

Answer

Question 31

An interest either in a person’s life or well-being or in property that is sufficiently substantial that insuring against injury to (or the death of) the person or against damage to the property does not amount to a mere wagering (betting) contract.

Answer 31

Insurable interest

Question 32

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which parties can resolve the dispute.

Answer 32

Mediation

Question 33

The settling of a dispute by submitting it to disinterested third party (other than a court) who renders a decision. The decision may or may not be legally binding.

Answer 33

Arbitrator

Question 34

One who initiates a lawsuit.

Answer 34

Plaintiff

Question 35

One against whom a lawsuit is brought or accused person in a criminal proceeding.

Answer 35

defendant