Midterm

Question 1

Origins of American Law

Answer 1

1250- Henry de Bracton: on the laws and customs of england)

Question 2

Shire reeves

Answer 2

Origin of the word sheriff- They made judgment calls about the law

Question 3

Sources of contemporary law

Answer 3

US Constitution( Madison)( Federalism, checks and balances) 
Bill of Rights ( John Locke) 
State constitutions 
Statutes passed by legislatures
common law 
administrative law (federal agencies)

Question 4

Steps of analyzing a case

Answer 4

Style( identify plaintiff and defendant
Citation( where to find it) 
Legal issue
Holding 
Rational
Majority opinion
Dissenting opinion
Concurring opinion
Dicta
Reverse/remand/affirm

Question 5

Stare Decisis

Answer 5

let the decision stand

Question 6

Common law

Answer 6

president, which leads to stare decisis

Question 7

path of a bill

Answer 7

Introduced
debate and vote
conference committee irons out differences
the president can sign or veto. has 10 days

Question 8

pocket veto

Answer 8

an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.

Question 9

3 types of statutory interpretation

Answer 9

plain meaning
legislative history
public policy

Question 10

administrative law

Answer 10

1. federal agencies are given the authority to make rulings that affect out lives
2. Subpoena power

Question 11

Federalism-

Answer 11

Limitation of federal power; checks and balances.

Question 12

Supremacy clause

Answer 12

states that the constitutional and federal statutes shall be the law of the land ( Over state)

Question 13

Incorporation clause

Answer 13

Bill of rights applied to the states through the 14th amendment

Question 14

1st. amendment

Answer 14

speech

Question 15

5th amendment

Answer 15

due process

Question 16

takings clause

Answer 16

ig government takes your land must be for a public reason and they must compensate you

Question 17

Powers granted to congress in the constitution( Article 1, section 8)

Answer 17

regulate interstate commerce;substantial effect rule ( even if it didn’t cross state lines, if it had a big impact outside the state then it still qualifies

Question 18

14th amendment

Answer 18

• equal protection clause

Minimal scrutiny
intermediate scrutiny
strict scrutiny

Question 19

minimal scrutiny

Answer 19

economic or social

Question 20

intermediate scrutiny

Answer 20

gender issues

Question 21

strict scrutiny

Answer 21

racial or ethnicity- fundamental rights

Question 22

US supreme court

Answer 22

9 justices appointed by the president

Question 23

how can you request your case to be heard by the supreme court

Answer 23

writ of certiorati

Question 24

Current chief Justice

Answer 24

John Glover Roberts Jr

Question 25

First woman on the supreme court

Answer 25

Sandra day OConner

Question 26

First African American justice

Answer 26

Thurgood Marshall

Question 27

Complaint

Answer 27

brought by the plaintiff to explain lawsuit

Question 28

Summons

Answer 28

formal serving of defendant with lawsuit

Question 29

Answer (defendant)

Answer 29

20 or 30 days from service; renders the pleadings “joined”.Admit or deny

Question 30

Discovery

Answer 30

interrogatories, Deposition, physical exam, request for production of documents and things

Question 31

Interrogatories

Answer 31

written interrogations under oath

Question 32

Deposition

Answer 32

oral testimony of a witness

Question 33

Physical exam

Answer 33

to see if allegations of injury are true

Question 34

Pretrial motions

Answer 34

( motion for summary judgment)

Question 35

voir dire

Answer 35

process of picking a juror

Question 36

remand

Answer 36

sending a case back to a lower court

Question 37

reverse

Answer 37

reversing to a lower courts ruling

Question 38

Right to jury trial

Answer 38

everyone can have jury upon request with the exception of small claims court

Question 39

Burden of proof for civil

Answer 39

plaintiff has the burden of proving his case by a preponderance of the evidence.

Question 40

Burden of proof for criminal

Answer 40

the government must prove guilt beyond reasonable doubt

Question 41

Arbitration

Answer 41

you waive your right to a lawyer and agree to have the dispute resolved by a pre decided arbitrator

Question 42

mediation

Answer 42

non binding, tries to resolve ( think marriage counseling)

Question 43

Felony vs misdemeanor

Answer 43

difference is in possible jail time

Question 44

types of guilt that must be proven in criminal law

Answer 44

actus reus/ mens reus

Question 45

actus reus

Answer 45

the guilt of having committed the crime, the literal action, regardless of intent

Question 46

mens rea

Answer 46

defendant intended to do harm with the action they were commenting; knew their behavior was criminal

Question 47

Defenses for criminal cases (3)

Answer 47

insanity
coercion
entrapment ( law enforcement inciting someone to commit a crime while under cover with the intent to arrest them)

Question 48

Larceny: definition and is it a crime or tort

Answer 48

crime. trespassory taking of personal property with the intent to steal

Question 49

Fraud

Answer 49

crime. deception of a person with the intent of obtaining money or property

Question 50

Types of fraud

Answer 50

wire fraud
mail fraud
insurance fraud
medicare fraud

Question 51

Arson

Answer 51

crime. malicious use of fire to damage or destroy real estate or property

Question 52

embezzlement

Answer 52

crime. fraudulent conversion of property already in the defendants possession

Question 53

Rico

Answer 53

using two or more racketeering acts to accomplish any of the following goals : 1.investing or acquiring legitimate businesses with criminal money
2. maintaining or acquiring business with criminal activity. 3., operating business through criminal activity