Mid Term Flashcards
Interrogatories are oral questions, recorded by a court reporter
FALSE
Interrogatories are a method of discussing written questions, to be answered in writing and under oath by another party, not court recorder is involved.
In the U.S. there are many different courts, but just one system
FALSE
In the US, every state and territory - plus the district of Columbia - has its own judicial system. Then there is the national court system. The federal judicial system, although, we have 57 separate judicial systems.
Approximately 50% of all civil cases (lawsuits) settle before trial
FALSE
about 95% are either dismissed or settled before trial
Civil lawsuits are brought to court by the government (state or federal), but criminal cases must be prosecuted by the injured party (victim).
FALSE
Injured/allegedly injured (physically, emotionally, economically,etc.) parties bring civil lawsuits - they are plaintiffs.
Criminal cases are brought by the government (state/federal). The injured people (victims) are not parties (plaintiffs) instead the governemtn is the plaintiff (“prosecution” in a criminal case) The victims are (assuming they are able to testify) merely witnesses in criminal cases
The burden of proof in civil trials is evidence beyond reasonable doubt.
FALSE
The burden of proof in civil cases is typically a “preponderance of evidence” aka the smoking gun. sometimes, courts use another burden of proof in civil cases- “ the clear and convincing evidence” burden of proof, the plaintiff must prove that it is “substantially” more likely, than not that his case is true, that is, the jury (or judge, if there is no jury) must believe that the evidence is strongly convincing
The federal government has 3 branches; executive, legislative and administrative.
FALSE
Executive (presidenct, enforces a law)
Judicial (courts, interpret laws)
Legislative (pass laws, HR & congress)
Every state judicial system includes an immediate appellate court
FALSE
41 states have intermediate appellate courts. The common denominator of the 9 that dont is that they are relatively small populations
A mediator makes decisions, but arbitrators do not
FALSE
Mediator never decides a case, they are hybrid (part messenger, part councilitor).
An arbitrator does decide cases. The majority contractual arbitration is binding
In arbitrations, the arbitrator tries to coax the disputing parties toward a voluntary settlement
FALSE
the arbitrator acts as a mini-judge, they can conduct proceeding much like a trial and then decide the case.
mediators are the ones that try to coax opposing parties into voluntary settlement
Summary judgment is a ruling by the trial court that no trial is necessary b/c essential facts are not in dispute
TRUE
Summary judgement is awarded if the judge decides that
a) there is no genuine issue as to material facts, and
b) when the law is applied to these facts, one party is entitled to a verdict in his/her favor
Generally, in civil litigation, both plaintiff and defendant have a right to demand a jury trial when the lawsuit is for damages (money)
TRUE
Jury trial is available in criminal cases and most civil lawsuits. Major exceptions:
1. certain types of cases (eg divorce) historically based on equity (non-monetary remedies)
2. administrative agency proceedings
Plaintiff or defendant can ask for trial by jury; this right is usually waived if not requested i plaintiff’s complaint or defendants answer
in a civil case, the defendant has the burden of proof, by contrast, in a criminal the prosecution must demonstrate beyond a reasonable doubt that the defendant is guilty
FALSE
Burden of proof falls on the plaintiff.
Proof beyond reasonable doubt is?
legal standard that the prosecution must meet in order to successfully find a criminal defendant guilty of a crime. this standard applies to each element of the crime.
What is meant by the “fourth branch of government”?
administrative agencies are enabling acts where the government (federal, state or local) delegate some of its authority to the agency. they are still bound by constitution protections (ie due process). agencies can proceed more quickly than ordinary judicial processes entail.
A federal court will hear a case only if it concerns a federal issue or if it has diversity jurisdiction
TRUE
Subject Matter Jurisdiction : judicial power to decide the issues in a case
A motion is a formal request to the court
TRUE
a motion is a “request that a court take a specified action in a case”
Motions “can concern numerous matters”
Judges use precedent to create common law (“case law”)
TRUE
Prededent = a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principals or facts
All judges make common law (case law)
FALSE
Trial court decisions are not binding authority, Thus far, this reason, most attorneys would not catogorize trial court decisions as cae law aka “common law”. Instead most legal professionals (judges, law school professors, attorneys) only include appellate court decisions when discussing a jurisdictions case law.
That said m when issues being listed as “cuutting edge” , attorneys will cite trial court opinions.
More US law comes from Spain than any other country
FALSE
England
Under the US constitution, power that is not expressly given to the federal government is retained by the states and the people
TRUE
10th amendment to the constitution:
“ powers not delegated to the US by the constitution, nor prohibited by it to the States, are reserved to the States respectively to the people”
Thomas Jefferson co-wrote the Federalist Papers
FALSE
it was Madison, Hamilton & Jay
A statute law is passed by Congress or a state legislature
TRUE
In civil cases, all states require a unaninous verdict
FALSE
For civil cases, nearly 1/3 of states (including California) do not require unanimous juries. In California 9/12 is sufficient for the plaintiff to win
In criminal cases, almost all states require a unanimous verdict
TRUE
all but 2 require unanimous verdicts in criminal cases - each requires 10-2 majority for conviction, except for capital crimes (death penalty crimes): Oregon reuires at least 11 votes and Louisiana requires all 12
In civil cases, the defendant, if found liable, is rarely sentenced to prison
FALSE
The defendant is NEVER sent to prison, this occurs only in criminal cases.
In criminal cases, the trial judge may direct verdict of acquittal or guilty
FALSE
No way - a judge can never direct a guilty verdict. In a civil case they can direct a verdict for either the plaintiff or defendant. In a criminal case they direct a verdict ONLY for the defendant
Mediation is, basically a mini-trial
FALSE
Arbitration, not mediation, is the often referred to as a “mini-trial”
an answer is legalese for “so what?”
FALSE
A “motion to dismiss for failure to state a valid claim” (called a demurror in the California state judicial system) is legalese for “so what?” Even if everything you allege is true, you still have not alleged a valid (leally recognizable) cause of action (reason to sue)
Under the “American rule” the loser must pay the winner’s attorney’s fees unless an exception to the rule applies
FALSE
This is a British rule. under the american rule, the winner must pay their own attorney’s fees, unless an exception applies there are 3:
1) Attorney’s fee provision in the contract
2) Attorney’s fee provision restatute that the plaintiff sued under
3) The trial courts discretion (the trial judge, however, are not supposed to use this power except for extreme situations).
each side (plaintiff & defendant) has the opportunity to address the jury just one time during closing arguements
FALSE
Plaintiff has 2 opportunities (b/c burden of proof). the defendant only has 1 opportunity
There are_____ basic levels of courts in our federal judicial system and moste state judicial systems
3
A___________ is the pleading that initiates litigation. Filed by the plaintiffs, the___________contains the general allegations against the defendant. It is served with the summons.
Complaint, complaint
A ferderal trial court is called a U.S._________Court
District
After graduating from CSUEB you receive a letter from ABC corp. It contains an offer and concludes “ and we will pay you for your service $60,000 for your first year.” you respond by stating “ i am thrilled to receive ABC’s offer - i have dreamed of working for ABC since I was a college freshman! I will gladly accept $70,000 for my first year”
your response will be treated as a rejection or counteroffer……….. The acceptance must be a “mirror image” of the offer, if not, it is a rejection.
Odorizzi , a 5th-grade teacher, was arrested for alleged homosexual activity in a public restroom. Immediately after he was released on bail (at about 10 :00 a.m. on a Saturday), the school district officials came to his home and pressured him to sign a resignation, promising that if he did so, his “crime” would be kept secret. Odorizzi asked to see an attorney but they told him there was no time - either he would sign the resignation letter that the school district had prepared or the district would fire him. Additionally, the officials told him that- pursuant to then California law - they would have to publicly announce the reason for his firing during the next school district meeting. This was true - at the time,under California law, the school didtrict had a legal duty to publicly anouce the reason for firing a teacher. After about an hour, Odorizzi, who was emotionally and physically fatigued, signed the letter of resignation. Several months later, the criminal charges against Odorizzi were dropped and he almost immediately asked for his job back, but the school district refused. He reacted by suing the school district to rescind (cancel ) the resignation
Which is correct?
a. Odorrizi has an excellent chance of winning based on undue influence.
b. Odorizzi has an excellent chance of winning based on duress.
c. Odorrizi has no chance of winning - a deal is a deal.
d. None of the above
a. Odorrizi has an excellent chance of winning based on undue influence.
Which statement(s) below is/are correct ?
A) All states have the same number of federal judicial districts.
B) Some states do not have intermediate appellate courts.
C) Federal court judges do not have to stand for re-election.
D) All states call their highest court the supreme court.
E) B and c
E) B and c
A court’s power to decide a case:
Jurisdiction
which type of authority is represented in the following scenario:
Your case is in the California Supreme Court. You are using an on-point (very relevant) case decided a year earlier by the California Supreme Court.
Primary and Persuasive
a court can always overule itself
which type of authority is represented in the following scenario:
Your case is in the Arizona Court of Appeals (a state appellate court). You have found a case decided by the Tenth Circuit Court of Appeals (a federal appellate court) that is on-point.
Primary and Persuasive
which type of authority is represented in the following scenario:
You have a case in the California Superior Court (a trial court). You have found an invalid (overruled) case from the California Supreme Court that is on-point.
Non-authority
reversed or overruled cases go into the judicial trash can. they immediately become non-authority
which type of authority is represented in the following scenario:
You are in the Washington Court of Appeals (a state intermediate appellate court). The case you are relying on is from the Supreme Court of Illinois. It is on-point.
Primary and Persuasive
Higher court? yes, however from a different judicial system
Federal judges:
A) Serve for life (with good behavior and assuming they are physically and mentally capable ).
B) Are nominated and appointed by the U.S. House of Representatives – no other branch of the federal government is involved.
C) Can never be impeached.
D) Are elected.
E) Can decide “political questions.”
A) Serve for life (with good behavior and assuming they are physically and mentally capable ).
The U.S. Constitution:
A) Is a relatively short document - even with all of its amendments.
B) Was brought over from England in its entirety.
C) Is a document that sets forth the basic structures and powers of the U.S. national (aka “federal”) government.
D) Bars the states from having their own constitutions.
E) (a) and (c)
E) (a) and (c)
To have a contract, you must have:
a. An offer.
b. An acceptance.
c. Both an offer and an acceptance.
d. An agreement shown only by written words - oral contracts are never enforceable.
c. Both an offer and an acceptance.
no oral contracts are enforcable (unless they fall w/in the statute of fraud). They are hard to prove in court. always get contracts in writing
An offer for a unilateral contract is a:
a. Promise for an act (performance).
b. Promise for refraining from acting (forbearing).
c. Promise for either a promise to perform (act) or forbear (not act).
d. Promise to make a gift.
e A or b
e A or b
An executory contract is:
a. Void if neither party has performed.
b. Voidable.
c. Entered into but not entirely performed.
d. Strictly illegal.
c. Entered into but not entirely performed.
Which statement is correct?
a. In a bilateral contract, each party is a promisor and a promisee.
b. In a unilateral contract, each party is a promisor and a promisee.
c. In both bilateral contracts and unilateral contracts, each party is a promisor and a promisee.
d. none of the above
a. In a bilateral contract, each party is a promisor and a promisee.
Jurisdiction refers to the place (county or judicial district) where the trial is scheduled to occur.
FALSE
this is venue
A contract that is binding on only one of the parties – the other party has the right to either withdraw from the contract or enforce it:
a. Void contract.
b. Revoked contract.
c. Voidable contract.
d. Adhesion contract.
c. Voidable contract.
Janelle said to Lisa, “I’ll give you $1000 for that set of Michelle Wie golf clubs that you said you no longer wanted.” Lisa replied, “I cannot make that deal. The clubs cost me $2,000. Also, they are almost brand new. However, if you pay me $1500, I will sell you the clubs.” Janell answered, “No thanks.” Then Janelle left. Five minutes later, Lisa saw Janelle at the golf course’s coffee shop and said, “Okay, okay. I accept the $1000 offer.” However, Janelle was no longer interested and said there was no deal. Nevertheless, Lisa insists that there is a contract. What is the result?
A) Janelle’s offer of $1000 was open, and accepted by Lisa, and, thus, Janelle and Lisa made a contract.
B) Lisa’s counteroffer terminated Janelle’s offer of $1000. So, they made no contract.
C) Lisa’s statement (“I cannot make that deal.”) was a mere negotiating statement that did not terminate Janelle’s offer of $1000. Therefore, they made a contract.
D) Janelle’s offer of $1000. was irrevocable. Therefore, they made a contract.
B) Lisa’s counteroffer terminated Janelle’s offer of $1000. So, they made no contract.
If the offeror dies before the offeree accepts the offer, the offer:
A) May be rejected by the offeree’s surviving spouse.
B) May be accepted by the offeree’s surviving spouse.
C) Is automatically terminated by the offeror’s death.
D) May be accepted by the guardian appointed to represent the offeree’s minor child.
C) Is automatically terminated by the offeror’s death
If the offer does not include a termination date, the offer will remain open:
a. For one year
b. For five years.
c. For a reasonable time.
d. Until someone accepts the offer.
c. For a reasonable time.
reasonable time depends on the subject matter of the contract
Ted witnessed a motor vehicle accident. He was stopped at a red light when a blue truck ran the same light and collided with a bus. Ted’s testimony about the accident would be what kind of evidence?
a. Direct.
b. Circumstantial.
c. Direct and hearsay
d. Dude, I need more information.
a. Direct.
A contract offered by an economically powerful party (the dominant party) to an economically powerless/much less powerful party (the weaker party) on a “take-it-or-leave-it” basis is called a(n):
a. Duress contract.
b. Adhesion contract.
c. Fraudulent contract.
d. Cohesion contract.
b. Adhesion contract
Generally, adhesion contracts are unenforceable
FALSE
the majority of contract we sign are adhesion contracts, majority are of these of enforceable
Generally, unconscionable contracts are enforceable.
FALSE
this refers to the tiny % of adhesion contract that are unenforceable
An apparently voluntary agreement may not be voluntary if:
a. Undue influence is present.
b. Emotional duress is present.
c. Economic duress is present.
d. All of the above
d. All of the above
I genuinely believe that I own a very valuable guitar. I tell this to you and state that I will sell it to you for $1,000. You agree to buy it, and then pay me and take the guitar. A few months later, you find out the guitar is worth only $250. A fraud:
A. Has occurred.
B. Does not appear to have occurred
C. Always can be based on a statement of value or opinion.
D. None of the above.
B. Does not appear to have occurred
Under the universal rule, (adopted by all states) a promise based on moral obligation is not supported by consideration.
FALSE
not all states
One promise may serve as consideration for multiple promises
TRUE
The respective consideration flowing between the parties does not need to be equal
Generally, consideration will result in a benefit to the promisor and imposition of some burden (detriment) to the promisee.
TRUE
Generally, when there is no consideration for a promise, the agreement is:
a. Illegal.
b. Void.
c. Voidable.
d. Very unethical.
B. void
not always (generally) “a void contract is an agreement that has no legal effect as a contract”.
Avoidable contract is a contract in which one of the parties is bound but the other is not bound, the other party has the option to withdraw from the contract or enforce it
In a unilateral contract, the consideration for the promise is:
A) The surrender of a claim against the promisor.
B) The return of the promisor’s property.
C) The promise to do the act called for by the promisor.
D) The doing of the act called for by the promisor.
D) The doing of the act called for by the promisor.
Consideration is:
A) The concern shown by the
B) other party to the contract.
What the promisor demands as the price for his/her promise.
C) A stated minimum number of dollars.
D) The concern shown by both parties for a sustainable, green environment.
B) other party to the contract.
What the promisor demands as the price for his/her promise.
With the exception of the U.S. Supreme Court itself, U.S. Supreme Court decisions are mandatory authority on all courts (both state and federal).
TRUE
at least for purposes of this course
Often, people choose not to litigate, even if they believe that the other party has breached the contract.
TRUE
Generally (not always), the burden of proof in civil cases:
A) Undeniable evidence
B) Beyond a reasonable doubt
C) Clear and convincing evidence
D) Unimpeachable evidence
E) None of the above
E) None of the above
The party who initiates the lawsuit:
a. Attorney of record
b. Defendant
c. Plaintiff
d. Court clerk
e. Judge
c. Plaintiff
Generally, a promise to perform an existing legal duty is:
a. Not consideration
b. Binding if the promisor promises to do a magnificent job.
c. Binding if the promisor promises to do the best possible job.
d. Need more information to answer, dude.
a. Not consideration
“consideration for the promisor’s promise must be free from obligation already owed to the promisor. If the promisee has induce, the duty previously owed cannot be used as consideration for the promissor’s new promise. The promisee is already committed to perform that duty”
Inadequacy of consideration may be evidence of:
a. Undue influence.
b. Unconscionability.
c. Duress.
d. All of the above.
e. Courts never admit evidence on the adequacy/inadequacy of consideration – either it is consideration, or it is not.
d. All of the above.
courts are not fathers, mothers, aunts, uncles. if we do make lousy contracts, is is our problem
E) is false b/c courts do admit evidence
A court will – almost always – consider the adequacy of consideration when:
a. One party obviously has the better of the deal.
b. One party has more business experience than the other.
c. One party is much more educated than the other party.
d. One party claims that he/she signed the contract only because of duress.
e. One party shows a much lower price nationally advertised on television.
d. One party claims that he/she signed the contract only because of duress.
Which of the following can be consideration for a promise?
a. Promise not to beat a spouse.
b. Promise to tell the truth when testifying at trial.
c. Promise not to sell illegal drugs.
d. Promise not to smoke cigarettes.
d. Promise not to smoke cigarettes.
the rest are pre-existing duty not to commit a crime
Which of the following is not an essential element of promissory estoppel?
A) A contract
B) A promise by the promisor.
C) The promise induces action or forbearance (based on the promise, the promise acts/forbears).
D) Injustice can be avoided only if the court enforces the promise.
E) A reasonable person/organization would expect the promise to induce action or forbearance on the promisee’s part.
A) A contract
the rest are the 4 elements of promissory estoppel
Duress is synonymous with fraud.
FALSE
Which of the following is secondary authority?
A) Statute.
B) Officially published appellate court case.
Treaty.
C) Ordinance.
D) Textbook on a particular legal subject (treatise).
D) Textbook on a particular legal subject (treatise).
the rest are primary examples of primay authority
What case is the most famous example of stare decisis in U.S. history?
a. Jones v. Smith.
b. Palsgraf v. Long Island Railroad Co.
c. Williams v. Walker-Thomas Furniture Company, Inc.
d. Brown v. Board of Education (Topeka, KS).
d. Brown v. Board of Education (Topeka, KS).
What courts have original jurisdiction?
a. Federal district courts.
b. State trial courts.
c. Generally, appellate courts have original jurisdiction.
d. Generally, the U.S. Supreme Court has original jurisdiction.
e. (a) and (b).
e. (a) and (b).
Authority of a court to hear and decide a case for the first time (to make the initial determination of who wins and who loses):
a. Venue
b. Original jurisdiction
c. Start-up jurisdiction
d. Immediate jurisdiction
b. Original jurisdiction
trial courts have original jurisidiction
Legal principle that the government must safeguard the legal rights owed to a person according to the law, including (but not limited to) notice of proceedings and a chance to be heard before the loss of life, liberty, or property:
a. Fair shake
b. Fair deal
c. Rough justice
d. Due justice
e. Due process
e.Due process
short for “due process of law”
The theory behind the creation of the U.S. government, under which each branch of government has the ability to counter the actions of any other branch, so that no single branch can control the entire government.
a. Terms and conditions
b. Law and equity
c. Equality
d. Due process
e. Checks and balances
e. Checks and balances
this is done everyday in washington DC
Federal judges must stand for re-election.
FALSE
Proof or disproof of a fact in issue is:
a. Jurisdiction
b. Evidence
c. Both of the above
d. Venue
b. Evidence
Who may waive a privilege?
a. The person being asked to testify.
b. Only the person in legal jeopardy from the information to be disclosed by the testimony.
c. Both A and B
d. The trial judge
e. The jury
b. Only the person in legal jeopardy from the information to be disclosed by the testimony.
an attorney cannot waive the attorney-client privilage and testify. it is not their decision and does not have the power, only the client can waive it.
Direct evidence is evidence which, if believed, doies not resolve the factual issue unless additional reasoning (an inference) is used
FALSE
In a civil lawsuit:
a. The defendant is presumed innocent until proven guilty.
b. The defendant is presumed guilty until proven innocent.
c. Typically, the burden of proof is preponderance of the evidence.
d. The plaintiff must prove her case by evidence beyond a reasonable doubt.
e. B and d.
c. Typically, the burden of proof is preponderance of the evidence.
The terms “guilty” or innocent” are not used, they are reserved for criminal cases. in civil trials they use “liable” and “not liable”
The authors of The Federalist Papers had a very high estimation of human character, especially as respects politicians
FALSE
The elements of a contract include all of the following except:
a. An agreement
b. Two or more parties
c. Consideration
d. An illegal purpose
d. An illegal purpose
The best singer in the world, Barry Manilow, contracts to perform for a week in Las Vegas. After his first performance, Manilow becomes seriously ill and cannot perform for the remainder of the agreement.If the hotel sues Manilow for breach of contract alleging that Manilow breached by not performing, Manilow would respond as follows:
a. No breach - compliance.
b. No breach - excuse.
c. No breach -justification.
d. No breach- terminasted duty.
e. None of the above.
b. No breach - excuse.
The offeree is the party making the offer
FALSE
the offeror is the party who makes the offer.
the offeree is the party who receives the offer
CSUEB contracted with Educational Excellence (EE) , a consulting corporation, for a very detailed study of all aspects of the university’s operations. The contract provided that CSUEB would pay EE a consulting fee and expenses. The contract provided that the CSUEB would pay the consulting fee in four quarterly payments but would pay the expenses monthly. After working on the project for four months ( the project was cexpected to last one year), EE refused to continue because CSUEB had paid neither the first quarterly payment nor its expenses for the past three months.
If CSUEB sues EE for breach of contract alleging that EE had breached by notifying CSUEB that it would not complete the work, EE would respond as follows:
a. No breach - compliance.
b. No breach - excuse
c. No breach - justification
d. No breach - terminated duty.
e. None of the above
c. No breach - justification
Stare Decisis
a legal doctrine in which a decision previously reached by a court is used as authority in all future cases that are based on the same basic circumstances or facts
The 1st amendment to the US constitution protects private employees (non-government sector employees) from being fired for something they said i the work place or outside of it, as on Facebook or Twitter
FALSE
the 1st amendment protects us from government (federal, state, local) if it tries to violate our rights to free speech not private employers.
Lou is charged with robbing the Bank of America branch on MIssion Blvd in Hayward. A bank customer wants to testify that Lou was in the bank about 2 hours before the robbery. This would be direct evidence that Lou robbed the bank
FALSE
If the bank customer wants to testify he saw Lou rob the bank, that would be direct evdience. However, the fact that he saw Lou in the bank 2 hours before the robbery is not enough to convict Lou of robbery, therefore, it is circumstantial (aka indirect evidence) that Lou robbed the bank
Direct evidence
evidence which if believed resolves the matter in issue
Circumstantial evidence
evidence which, even if believed, does not resolve the matter in issue unless additional reasoning is used
Denise is in hot water. the Berkeley police discovered her fingerprints on the handle of kitchen knife found in her ex-boyfriend’s back. She is being charged with his murder - the fingerprints are direct evidence that she murdered him
FALSE
The fingerprints are direct evidence that Denise touched the murder weapon, but are indirect evidence that she killed her ex-boyfriend
Bob witenessed a care accident. He was stopped at a red light when a red car ran the same light and collided with an AC transit bus. Bob’s testimony about the accident would be circumstancial evidence
FALSE
Bob’s testimony would be direct evidence if the jury believed him, it would resolve the issue as to who was responsible for the accident
Dennis is charged with rape. The SFPD’s crime lab found Dennis’ semen inside the alleged rape victim’s vagina. As to the alleged rape, the semen represent direct evidence
FALSE
Dennis’ semen is direct evidence of sexual intercourse, but circumstantial evidence of rape (rape requires lack of consent and semen evidence, of course, is no evidence whatsoever of consent/lack of consent
A privilage is the right to refuse to testify but a privilage cannot prevent someone else from testifying
FALSE
If a privilage could not prevent someone else from testifying it would not be so valuable. Our confidential conversations with lawyers, for instance, are privilaged - meaning neither we nor our attorney can testify about these conversations
The oldest and strongest privilage is the accountant-client privilage
FALSE
It is the attorney-client privilage
Doug was talking w/ Helen on the phone. Suddenly, Doug cried out “please don’t shoot me Betty” . Betty has been charged w/Doug’s murder and the prosecuter want to call Helen to testify about her phone conversation w/Doug. Helen’s testimony would not be hearsay.
FALSE
It would be hearsay. Here are the 4 elements of hearsay:
- in court testimony
- of an out-of-court statement
- made by someone other than the in-court witness.
- to prove the truth of the matter asserted to prove the out-of-court statement was true
Doug was talking w/ Helen on the phone. Suddenly, Doug cried out “please don’t shoot me Betty” . Betty has been charged w/Doug’s murder and the prosecuter want to call Helen to testify about her phone conversation w/Doug.
Helen’s testimony will not be admissible ( the trial judge will not permit the jury to hear it)
FALSE
The trial judge WILL allow the jury to hear Helen’s testimony b/c an exception to the hearsay rule applies in this scenario - excited utterance
Al and Roberta were walking on Neptune Beach in Alameda when Zuckerman grabbed Al’s beach bag and ran. However, Roberta was faster than Zuckerman and tackled him. Immediatly after he was tackled Zuckerman said “ All I wanted was some money to get something eat “ however, at his trial, Zuckerman claims he is innocent. The prosecution wasnts Roberta to testify about Zuckerman’s statement. Roberta’s testimony would be hearsay.
TRUE
Al and Roberta were walking on Neptune Beach in Alameda when Zuckerman grabbed Al’s beach bag and ran. However, Roberta was faster than Zuckerman and tackled him. Immediatly after he was tackled Zuckerman said “ All I wanted was some money to get something eat “ however, at his trial, Zuckerman claims he is innocent. The prosecution wasnts Roberta to testify about Zuckerman’s statement. Roberta’s testimony would be admissible.
TRUE
Yes, it would be admissible (the trial judge would allow the jury to have Roberta’s testimony), as an applicable exception to the hearing rule exists: Pary admission. (the defendant, Zuckerman, admitted taking the bench bag)
The burden of proof aka standard of proof, in criminal cases is higher than in civil cases - in criminal case it is “clear and convincing evidence”
FALSE
The burden of proof in criminal cases is higher than in civil cases, but it is not “clear and convincing evidence”. It is evidence beyond a reasonable doubt
Alton Logan was convicted of murder - for a murder he actually committed
FALSE
Alton Logan was innocent
There is a parent-child privilage
FALSE
There is a spousal privilage
TRUE
There is an employer-employee privilage
FALSE
The trial judge is the “gatekeeper” of evidence - she decides if the jury will get to hear and see the parties’ proposed testimonial and physical evidence
TRUE
Depending on whether you are (a) public (government) or private sector employee, (b) a union or non-union worker, and (c) and what state you live in, which of the actions below could get you disciplined or fired?
A) hanging poiitical cartoons on your office door cubicle wall
B) sending emails to your co-workers soliciting support for controversial cause
C) writing a blog - while at home, using your own computer - stating your opinions about local, state, or national political campaign
D) all of the above
D) all of the above
________ is the company that fired a software engineer who wrote an internal memo suggesting that women were biologically less suited to coding than men.
A) Yahoo
B) Google
C) Microsoft
D) Facebook
E) none of the above
B) Google
US courts decide whether to protect speech by balancing its harm against its benefit
FALSE
There is no balancing test or social utility test.
all speech is protected from government interference unless it falls w/in an exception. The exceptions are:
- advocating use of force
- repeatedly encourages someone to comitt suicide
- defamation
- child pornography
- fraud
- obscenity
- speech owned by others
- commercial speech that constitutes false advertising
- face-to-face fighting words
- crimes involving speech
Shouting “fire, fire!” in a croweded theatre - even though the speaker knows there is no fire - is protected under the 1st amendment
FALSE
A racist speech that seeks to incite imminent violence against a group is protected under the 1st amendment
FALSE
Alexander Hamilton and John Jay alerted Thomas Jefferson that they thought New York would vote not to ratify the Constitution, and so the 3 of them wrote the Federalist Papers to convince New Yorkers to ratify the Constitution. It was a PR political campaign
FALSE
A single piece of evidence can be direct evidence concerning one question and circumstantial evidence regarding another question
TRUE
Oral evidence is also called testimonial evidence
TRUE
Consideration
when there’s an offer and acceptance = contract
To have a contract, you must have:
a) An offer
b) An acceptance
c) Both an offer and an acceptance
d) An agreement resulting from only the written words of the parties (there can be no oral contracts, or contracts created by the parties’ conduct).
c) Both an offer and an acceptance
A remedy used to revise (correct) a contract to conform to the real agreement or intention of the parties.
a) Reformation
b) Rescission
c) Foreclosure
d) Specific performance
a) Reformation
This response to the plaintiff’s allegation of breach of contract contains both the defendant’s admission of non-performance and a claim that the defendant’s contractual duty has ended either by (a) agreement, or (b) law (i.e. statute of limitations), and, therefore, the defendant has not breached the contract.
a) No breach - excuse.
b) No breach - justification.
c) No breach - compliance.
d) None of the above.
d) None of the above.
it’s no-breach terminated duty
Protecting the non-breaching party’s ____________ interest places that party in the position that he/she was in before relying on the other’s promise.
a) Expectation
b) Reliance
c) Restitution
d) None of the above
b) Reliance
The first step in the contract analysis is to determine the enforceability of the contract.
FALSE
If the defendant did not intend to breach the contract, the plaintiff cannot win his/her case. That is, the plaintiff must prove that the defendant intended to breach the contract.
FALSE
The successful plaintiff in a breach of contract case has many remedies from which to choose. For example, the remedy of specific performance is always available to successful plaintiffs in breach of contract lawsuits.
FALSE
Which of the following responses to plaintiff’s allegation of breach of contract includes a denial of non-compliance with the terms of the contract?
a) No breach – excuse.
b) No breach – justification.
c) No breach – terminated duty.
d) None of the above.
d) None of the above.
IT’S NO-BREACH COMPLIANCE
Protecting the non-breaching party’s ____________ interest places the breaching party in the position that he/she was in before receiving the benefit.
a) Expectation
b) Reliance
c) Restitution
d) None of the above
c) Restitution
Determining the set of rules under which the alleged cause of action for breach of contract will be resolved.
a) Choice-of-law.
b) Statute of limitations.
c) Rescission.
d) Reformation.
a) Choice-of-law.
If a defendant in a breach of contract action (lawsuit) responds to the plaintiff’s allegation of breach by stating “no breach – justification,” the defendant is saying “my breach of contract was justified by your breach of contract.”
FALSE
Doris worked for Widgco, Inc. (“Widgco”). After 25 years of exemplary service, Widgco presented her with a corporate resolution. In the document, Widgco thanked her for superb, faithful service and promised to pay her the sum of $3,000 per month for the rest of her life. In return, Doris promised to train her replacement for six months before retiring.
After receiving the corporate resolution, Doris continued – for two more years– to work for Widgco. Then, she announced that she would retire in six months - as promised, she trained her successor before she left the company. Accordingly, Widgco paid her the $3,000 each month, just as it had promised.
However, 10 years after her retirement, Widgco “changed hands,” and the new owners decided not to continue paying Doris her monthly pension. If Doris sues Widgco, what will happen?
a) Doris will win her breach
of contract case.
b) Doris will lose her breach of contract case.
c) Doris will lose on her breach of contract cause of action, but, assuming her attorney also alleged a promissory estoppel cause of action, she will prevail on this alternative legal theory.
d) Doris will get nothing – and she deserves nothing.
a) Doris will win her breach
of contract case.
At the start of 2016, John Doe owned and operated a bakery in Bend, Oregon. He was successful, but he thought he could make more money by expanding his operations to include a grocery store. Therefore, he bought a small grocery store in Bend. A short time later, John contacted an 8-12 representative to discuss establishing an 8-12 franchise store. After their initial negotiations, the following events occurred:
● June 7, 2016: John sold his grocery store in Bend, and bought an option to a building site in a nearby Oregon town called Chilton. (This was in response to an 8-12’s statement to him that 8-12 sold franchises only to people who own the land on which 8-12 stores are located).
● September 15, 2016: John exercised his option to buy the building site in Chilton by paying $10,000 down.
● November 6, 2016: John sold his bakery business and bakery building in Bend, as 8-12 representatives told him that 8-12 did not award franchises to anybody without 8-12 experience. So, John relocated his family to another Oregon town (Appleton) to gain 8-12 experience as a clerk.
• November 10, 2016: John and his family (wife and two kids) moved to Appleton and John obtained employment as a clerk (for minimum wage) at the Appleton 8-12 store.
● April 20, 2017: After six months of working for the 8-12 store in Appleton, 8-12’s corporate representatives told John that the company would not sell him a franchise, as he was not “8-12 material.”
● In response, John sues 8-12. What will likely occur?
a) John will lose – he will receive nothing.
b) John will win his breach of contract case against 8-12.
c) John will not win on a breach of contract cause of action, but has an excellent chance of prevailing on a promissory estoppel cause of action.
d) John will prevail on both his breach of contract and promissory estoppel causes of action.
c) John will not win on a breach of contract cause of action, but has an excellent chance of prevailing on a promissory estoppel cause of action.
Britney Aguilera, 85, one of the original rock and roll stars (and the first female rock and roll superstar) signed a contract with Zuckerman Publishing Company (ZPC) for her memoirs, tentatively to be titled “Dazed and Confused - the Story of Rock’s First Female Superstar.” However, Aguilera died when she had completed about one fourth of the manuscript. If ZPC sued Aguilera’s estate for breach of contract (alleging that Aguilera had failed to provide it with a completed manuscript), Aguilera’s estate would respond:
a) No breach - terminated duty.
b) No breach - compliance.
c) No breach - justification.
d) Breach
e) None of the above
e) None of the above
What constitutes acceptance of an offer for a unilateral contract?
a) The offeree’s full performance
b) The offeree’s promise to perform.
c) The offeree’s preparing to perform.
d) The offeree’s partial performance.
e) The offeree’s promise.
a) The offeree’s full performance
Bob and Alice are married and live in Jupiter, Florida where they own a house. During Hurricane Irma, their house was flooded. Their homeowners’ policy with Dependable Insurance Company (DIC) explicitly and conspicuously - in big bold print, on page 1 - excludes all hurricane-related damages, including but not limited to flood-related damage. Bob and Alice filed a claim with DIC but DIC refused to pay.
If Bob and Alice sued DIC for breach of contract alleging that DIC breached the contract by not paying the claim, DIC would respond:
a) No breach - justification
b) No breach - terminated duty
c) No breach - excuse
d) Breach
e) None of the above
e) None of the above
The San Francisco Board of Supervisors hired famous New York City portrait artist, Daniel Kornrumph to to paint the portraits of 10 famous natives of San Francisco: Ansel Adams, Maya Angelou, Carol Channing, Joe DiMaggio, Robert Frost, Clint Eastwood, Jerry Garcia, Steve Jobs, Jack London, Julia Morgan.
The portraits were to be hung in San Francisco City Hall’s grand ballroom. The offer was sent by email to Kornrumph in New York. The actual painting was to be done in New York City, but the framing was to be done in San Francisco. After Kornrumph completed one portrait (Ansel Adams’), the Board of Supervisors canceled the contract because a lack of funds.
Identify the choice of law issues:
a) This transaction does not present any choice of law issues.
b) Whether the law of New York or California governs this transaction.
c) Whether federal or state law governs this transaction.
d) Whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies to this transaction.
e) Whether Article 2 of the UCC or the state’s common law (case law) governs this transaction.
b) Whether the law of New York or California governs this transaction.
e) Whether Article 2 of the UCC or the state’s common law (case law) governs this transaction.
The Tomato Garden (TTG), a national chain of Italian restaurants, has experienced an alarming drop in sales. This is especially worrisome to TTG’s executives since the economy has improved and the sales of other similar restaurant chains have increased. Accordingly, TTG contracted with a consulting firm, “The Sharpest Knife, Inc.” (“TSK”) for a detailed study of TTG’s operations. Under the contract, TTG promised to pay TSK a consulting fee and expenses.
The contract called for TTG to pay both the consulting fee and TSK’s expenses monthly (the project was estimated to last six months). After the first two months, TSK “walked off the job” (it refused to continue) because TTG had paid it neither the monthly consulting payment nor the expenses. Instead, TTG said this:
Guys, come on, you have to be patient. You know we have creditors breathing down our throats.”
If TG sued TSK for breach of contract alleging that TSK had breached by notifying TTG that it would not complete the project, TSK would respond:
a) No breach - terminated duty.
b) No breach - justification.
c) No breach - excuse.
d) Breach.
e) No breach T- compliance.
b) No breach - justification.
CSUEB hired Dr. Dexter Nerd (Nerd) as an assistant professor. Nerd was given a two-year contract that would be automatically renewed for another two years unless Nerd notified CSUEB that he did not want to renew the contract or (b) CSUEB had cause not to renew. The contract clearly defined cause for nonrenewal. CSUEB did not renew Nerd’s contract after the initial two-year term expired. The non-renewal, however, was not based on cause as the contract required.
Five years after his non-renewal, Nerd sued CSUEB for breach of contract: he alleged that CSUEB breached the contract by not offering him a new two-year contract and that its refusal was not based on cause. CSUEB responded with a statute of limitations defenses. CSUEB’s response is:
a) No breach - justification.
b) No breach - excuse.
c) No breach - compliance
d) No breach - terminated duty.
e) None of the above.
d) No breach - terminated duty.
NERD WAITED TOO LONG
“I promise to pay you $5,000 for your promise to paint my house.” This is an offer for a unilateral contract.
FALSE
THIS IS BILATERAL CONTRACT
“I promise to pay you $5,000 for you painting my house.” This is an offer for a bilateral contract.
FALSE
THIS IS UNILATERAL CONTRACT
The world’s greatest vocalist, Barry Manilow, contracts to perform for a week at the Aladdin Hotel (“Aladdin”) in Las Vegas. After the first performance, Barry becomes seriously ill and cannot perform the remainder of the engagement. If Aladdin sues Barry for breach of contract alleging that he breached by not performing, Barry will respond:
a) No breach - compliance.
b) No breach - justification.
c) No breach - terminated duty.
d) No breach - compliance.
e) None of the above.
e) None of the above.
IT’S NO-BREACH EXCUSE
All states have the same law on “moral obligation” (aka “past consideration”)
FALSE
Specific performance is compensation awarded by a court to a party who has suffered loss/injury to rights or property.
FALSE
A cause of action is the relief sought if a remedy can be maintained.
FALSE
REMEDY IS THE RELIEF SOUGHT IF A CAUSE OF ACTION CAN BE MAINTAINED
A Statute of Frauds provides for a specified period of time within which a cause of action may be brought.
FALSE
STATUTE OF LIMITATIONS
Accord is the performance of a satisfaction contract.
FALSE
SATISFACTION IS THE PERFORMANCE OF AN ACCORD CONTRACT
The first step in the contract analysis is to determine the applicable law.
TRUE
The second step in the contract analysis is to determine whether a contract has been formed.
TRUE
The third step in the contract analysis is to determine the enforceability of the contract.
TRUE
The fourth step in the contract analysis is to evaluate the defendant’s response to the plaintiff’s allegation of breach.
FALSE
The fifth step in the contract analysis is to evaluate the defendant’s response to the plaintiff’s allegation of breach.
TRUE
The sixth step in the contract analysis is to determine the plaintiff’s remedies for the defendant’s breach of contract.
TRUE
The following is an offer for a bilateral contract: “I promise to sell you my watch for your paying $500.”
FALSE
THIS IS A UNILATERAL
The following is an offer for a unilateral contract: “I promise to sell you my watch for your promise to pay $500.”
FALSE
THIS IS BILATERAL
A bilateral contract has not just one consideration but has consideration for both the offeror’s promise and the offeree’s promise.
TRUE
Both the offeror and the offeree may breach a unilateral contract.
FALSE
JUST THE OFFEROR
In a bilateral contract, the offeror is both a promisor and promisee and the offeree is both a promisor and promisee.
TRUE
In a unilateral contract, the offeror is both a promisor and promisee and the offeree is both a promisor and promisee.
FALSE
In a bilateral contract, the breaching party may be either the offeror or offeree.
TRUE
In a unilateral contract, the breaching party may only be the offeror.
TRUE
A “no breach - compliance” response is distinguished from the “no breach - excuse,” “no breach - justification,” and “no breach - terminated duty” responses denies noncompliance with the terms of the contract while the other three responses admit noncompliance.
TRUE
If a defendant in a breach of contract action responds to the plaintiff’s allegation of breach by stating “no breach - justification,” the defendant is saying my breach was justified by your breach.
FALSE
Whether a defendant’s breach in a breach of contract action is intentional or unintentional is irrelevant.
TRUE
45) T/F If the plaintiff succeeds in maintaining a breach of contract action against a defendant, the plaintiff may select among the expectation, reliance, and restitution remedies available in a breach of contract action.
TRUE
Specific performance is always available as a remedy in a breach of contract action.
FALSE
Silence can never constitute acceptance of an offer.
FALSE
A plaintiff in a breach of contract case must (in order to win) prove the defendant intentionally breached the contract.
FALSE
CSUEB hires Smith to teach Acct. & Fin. 2701 (it had to replace its former instructor - he was a “dud”). The employment contract between CSUEB and Smith will be governed by the Uniform Commercial Code.
FALSE
UCC DOES NOT APPLY TO PERSONAL SERVICE CONTRACTS
A court will always enforce the parties’ choice of law provision.
FALSE
SPECIFIC PERFORMANCE
SPECIALIZED REMEDY USED BY COURTS WHEN NO OTHER REMEDY (SUCH AS MONEY) WILL ADEQUATELY COMPENSATE THE OTHER PARTY
Which of the terms below are synonyms for mandatory authority?
a) Binding authority
b) Controlling authority
c) Governing authority
d) Persuasive authority
e) A - C
e) A - C
________ is a principle/rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
a) Precedent
b) Stare decisis
c) Common law
d) None of the above
a) Precedent
A trial court decision is - sometimes - mandatory authority in future cases involving different parties.
FALSE
Federal district court opinions are binding on:
a) The U.S. Supreme Court
b) The U.S. Court of Appeals
c) Other federal district courts
d) State courts
e) None of the above
e) None of the above
Secondary authority is _____ law.
a) Never
b) Always
c) Sometimes
d) None of the above
a) Never
_____ authority is any valid (not reversed or overruled) relevant law from a higher- level court within the same judicial system as the court in which the litigation is taking place.
a) Persuasive
b) Mandatory
c) Secondary
d) Primary
e) None of the above
b) Mandatory
Ted sues Diane, claiming that she caused a car accident, in which he was seriously injured. During the trial, Diane’s attorney is asking her questions about the accident. This is:
a) An interrogatory
b) A deposition
c) Direct examination
d) Cross-examination
e) Opening statement
c) Direct examination
In a civil lawsuit:
a) The defendant is presumed innocent until proven guilty.
b) The defendant is presumed guilty until proven innocent.
c) The plaintiff must prove her case by evidence beyond a reasonable doubt.
d) None of the above
d) None of the above
Statute
A law passed by a legislature
Equal Protection Clause
Generally, prohibits regulations based on gender, race or fundamental rights.
Judicial Review
The power of federal courts to examine the constitutionality of statutes and the acts of government officials.
Takings Clause
The part of the federal Constitution that requires compensation in eminent domain (“condemnation”) cases.
Stare decisis
The rule that requires courts to decide cases based on precedent
What is an example of a subpoena?
a) A court order to a company to stop polluting a river.
b) A court order requiring a deponent (a person who is being deposed) to answer questions.
c) The United States Environmental Protection Agency demands various internal documents from a corporation.
d) The President orders troops called up in the national defense.
e) The President orders Congress to pass a bill.
c) The United States Environmental Protection Agency demands various internal documents from a corporation.
Which of these is an example of judicial review?
a) A trial court finds a criminal defendant guilty.
b) An appellate court reverses a lower court’s ruling.
c) An appellate court affirms a lower court’s ruling.
d) A federal court declares a statute unconstitutional.
e) A Congressional committee holds a confirmation hearing on the President’s nominee for Supreme Court justice
d) A federal court declares a statute unconstitutional.
Congress has passed a new bill, but the president is dead set against it. What could happen next:
a) Under our system of government, the president must sign it. It does not matter that he/she does not like the bill.
b) The president has the power to vote the bill. That will - automatically - kill the bill. There is nothing that Congress can do about it.
c) The president may veto the bill, but Congress may try to override his/her veto.
d) The president may call for a special national election to have the country vote on the bill.
e) The president may discharge (basically, fire Congress) and order new Congressional elections (that is, every U.S. Senator and member of the House of Representatives must within a few months stand for re-election).
c) The president may veto the bill, but Congress may try to override his/her veto.
Which statement is false?
a) Under the Commerce Clause, Congress may regulate interstate trade.
b) The First Amendment to the U.S. Constitution protects almost all speech from government interference/prohibition, but the government - as respects organized protests/demonstrations - may regulate the time and place of speech.
c) “Hate speech” is not protected under the First Amendment.
d) Stare decisis is Latin for “let the decision stand.”
c) “Hate speech” is not protected under the First Amendment.
Congress is divided into _____ houses.
a) Two
b) Three
c) Four
d) None of the above
a) Two
Which statement is false?
a) Each level of government (federal, state, and local) has a legislative body.
b) Congress is our national legislature.
c) California’s statutes are the law - but just in California.
d) One of the most important functions (subs) of an administrative agency is to make rules.
e) None of the above.
e) None of the above.
Administrative agencies have the following types of power to do their work:
a) They can make rules.
b) They can investigate.
c) They can adjudicate.
d) A and B
e) A - C
e) A - C
A (an) _________ is an order to appear at a particular time and place to provide evidence.
a) Interrogatory
b) Deposition
c) Subpoena
d) None of the above
c) Subpoena
Due Process is required whenever the government (federal, state, or local) tries to take someone’s liberty or property.
TRUE
Which statement about the U.S. Constitution is false?
a) Article I creates and grants all federal legislative powers to the Congress.
b) Article II establishes the office of President and defines Presidential (executive) power.
c) Article III creates the Supreme Court and allows for lower federal courts.
d) The first 10 amendments to the Constitution are called the Bill of Rights.
e) None of the above.
e) None of the above.
The U.S. Constitution does not protect an individual who burns an American flag.
FALSE
Please look at Article I, section 8 of the U.S. Constitution and the 10th Amendment. Then, identify below which statement is false.
a) Congress may pass a statute regulating child custody in a divorce.
b) Congress may create and regulate a post office.
c) Congress may create federal courts inferior (lower) to the U.S. Supreme Court.
d) Congress has the power to regulate commerce (business) among the states.
e) A - E
a) Congress may pass a statute regulating child custody in a divorce.
All prosecutions of federal crimes begin in which court?
a) U.S. Supreme Court
b) U.S. Superior Court
c) U.S. Court of Common Pleas
d) U.S. District Court
e) U.S. Court of Appeals
d) U.S. District Court
The judicial branch of the government does what?
interprets the law
Jurisdiction over the type of case:
a) Subject matter jurisdiction
b) Personal jurisdiction
c) In-rem jurisdiction
d) Omnibus jurisdiction
e) General jurisdiction
a) Subject matter jurisdiction
A court’s written decision
opinion
This level of court hears evidence
Trial
This level of court has multiple judges decide each case.
Appellate
Appellate courts review trial court decisions by reviewing the ______ to determine whether the trial court erred.
a) Transcript
b) Record
c) Book
d) Deposition
b) Record
Because of its huge population, California has ____ federal judicial district(s). On the other hand, since it has such a small population, Alaska has _______ district(s).
a) Four, one
b) Three, two
c) Four, two
d) Five, one
e) None of the above
a) Four, one
The U.S. Supreme Court is comprised of _____ justices who are nominated by the _____ and confirmed by the ______.
a) Nine, President, U.S. Senate.
b) Seven, President, U.S. Senate
c) Nine, President, Congress (both the U.S. Senate and the U.S. House of Representatives).
d) None of the above
a) Nine, President, U.S. Senate.
The federal intermediate appellate court is divided into federal _____ and is frequently called the ______. A ______ is a collection of ____. Therefore, a _____ court is responsible for appeals from a collection of ______ courts.
a) Regions, Regional Court of Appeals, Region, Circuits, Regional, Circuit.
b) Districts, District Court of Appeals, District, Superior Courts, District, Superior.
c) Circuits, Circuit Court of Appeals, Circuit, Districts, Circuit, District.
d) None of the above
c) Circuits, Circuit Court of Appeals, Circuit, Districts, Circuit, District.
There are four bankruptcy court locations in the Bay Area (Santa Rosa, San Francisco, Oakland, and San Jose). These bankruptcy courts are part of the California state judicial system.
FALSE
A motion for a new trial is a motion asking the trial court to disregard the jury’s verdict and replace it with the court’s own verdict.
FALSE
A document that informs the defendant that she is being sued and that she has a specific number of days to respond.
summons
The court’s final conclusion.
judgement
The jury’s final conclusion.
verdict
The member of the jury elected to lead the jury’s deliberations and speak for the jury.
foreperson
A jury’s private discussion of the case, following the presentation of evidence and judge’s instructions, with the goal of rendering a verdict.
Deliberations
The exclusive (only) burden of proof in civil cases:
a) Preponderance of the evidence
b) Beyond a reasonable doubt
c) Clear and convincing evidence
d) None of the above
d) None of the above
There is no “exclusive (only) burden of proof” in civil cases
The exclusive (only) burden of proof in civil cases:
a) Preponderance of the evidence
b) Beyond a reasonable doubt
c) Clear and convincing evidence
d) None of the above
d) None of the above
There is no “exclusive (only) burden of proof” in civil cases
Undue influence
influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences.
unfair persuasion of a party A, who is under domination of the person excercising ther persuation, b or by virtue of the relationship between them in justified in assuming that B will not act against A’s welfare. if a party’s agreement is induced by the other party’s undue influence the contract is voidable by the victime
Undue influence
influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences.
unfair persuasion of a party A, who is under domination of the person excercising ther persuation, b or by virtue of the relationship between them in justified in assuming that B will not act against A’s welfare. if a party’s agreement is induced by the other party’s undue influence the contract is voidable by the victim
- ____________ ____________ is the power of a court to take a new lawsuit, try it (hear the evidence) and then hand down a judgment (make a decision) based on the law and the facts. It is distinguished from ___________ _______________, which is the power to hear and judge an appeal.
Original jurisdiction
appellate jurisdiction
- What is “alternative dispute resolution”?
arbitration & mediation
both are different from the judicial process (litigation)
Reasons why parties prefer alternative dispute resolution over litigation.
money
time
bad publicity
Each party to a lawsuit, generally, is entitled to ____ appeal.
one
_______________ are written questions, to be answered in writing, and under oath, by another party (generally, the opposing party).
Interrogatories
Discovery has several purposes. List three such purposes.
- find evidence
- preserve evidence
- narrow the issues
- prepare for trial
- prepare for dispute pre-trial motions
The __________________ permits clients to keep confidential matters discussed by or with their attorneys.
attorney-client privilage
______________ is the policy of courts – in the same judicial system - to adhere to a principle of law that has been laid down in a certain case and to apply it to all future cases in which the facts are substantially the same.
Stare Decisis
The U.S. Supreme Court has ruled that saying a nondenominational prayer in public schools violates the clause of the U.S. Constitution that prohibits the government from establishing a religion. This ruling is binding on all federal courts deciding a case challenging the recitation of prayers in public schools. However, the decision does not bind state courts deciding a case challenging the recitation of prayers in public schools.
FALSE
In 1954, the U.S. Supreme Court in ________________________ ruled that racially segregated public education facilities are illegal, as they are inherently unequal. In so ruling, the Court overruled its own 1896 decision, in ___________________ , which upheld racial segregation of passengers on public trains in “separate but equal” facilities.
BROWN v. BOARD OF EDUCATION
PLESSY v, FERGUSSON
State courts are organized in layers/levels, but not federal courts.
FALSE
THEY ARE BOTH ORGANIZED IN LAYERS/LEVELS
Every state has an intermediate appellate court.
FALSE
41 do and 9 do not
approx. 4/5
There is at least ____ federal district court in each state.
one
The ______________ is the highest court in the land.
US Supreme Court
Generally, courts are closed to the public. Nobody can attend trials as a mere spectator unless a judge decides to make an exception, and open the courtroom to the general public.
False
the opposite is true
____________ is the court’s authority to hear and decide cases.
Jurisdiction
Federal courts will hear and decide cases that involve only state law if the amount in dispute is at least $10,000 and if the parties are citizens of different states, or if one party is a citizen of another country.
False
must be $75,000
Lance, a Florida resident, breaches a contract with Duane, a resident of Alaska. Therefore, there is __________of citizenship. Even though contract law is a state law matter, Duane may be able to sue Lance in federal court for breach of contract if the “matter in controversy” ( the amount in dispute ) is more than $10,000.
diversity
False
$75,000 not $10,000
The Internal Revenue Service (IRS) is auditing Bob’s 2010 and 2011 tax returns. The IRS examiner disagrees with several of Bob’s deductions. Bob and his tax attorney, Sid Shyster, agree that the best course of action is to immediately sue the IRS in federal court, without first exhausting Bob’s administrative remedies. Would this be permitted?
NO
Bob must exhaust his administrative remedies
A party is
a. another word for plaintiff.
b. another word for defendant.
c. either of the two opposing sides (plaintiff or defendant) in a lawsuit.
d. how we describe the atmosphere in our Legal Environment of Business class.
c. either of the two opposing sides (plaintiff or defendant) in a lawsuit.
Primary authorities include statutes, officially published appellate court decisions, AND legal textbooks (aka “treatises”). Judges must ALWAYS follow all relevant primary authorities.
FALSE
textbooks and the ALWAYS part is wrong
Generally speaking, the function of judges is to hear and decide disputes between opposing parties without personal bias. Thus, a judge should not be assigned to any case in which he or she has a strong personal interest (for instance, one of the parties is the judge’s relative or friend).
TRUE
Judges must read, interpret, and apply the laws as written. Therefore, judges must pretend to believe that all laws are wise, just and correct.
FALSE
pretend part is wrong
Substantive law comprises the set of rules that govern the proceedings of the court in criminal and civil lawsuits, as well as administrative proceedings.
False
this is the definition for procedural law
Procedural law deals with the legal relationship between people or the people and the state. Therefore, procedural law defines the rights and duties of the people.
False
Substantive law defines rights and duties
