Midterm Flashcards
A primary source of US law is legislation enacted by what?
The federal legislative branch.
Members of the House of Representatives are elected based on what?
The population in a specific geographical district.
All laws passed during a congressional session are called what?
Session laws.
How many voting US senators are there?
100
Federal legislative laws are officially published where?
In US code.
To be elected to the Senate, what two requirements must be satisfied?
At least 30 years of age and 9 years of US citizenship.
What is the term length for a member of the US Senate?
Six years.
How can Congress overturn a veto?
A two-thirds majority.
According to the Constitution, revenue raising bills must be initially introduced where?
In the House of Representatives.
In the case of Wickard v Filburn, the US Supreme Court relied heavily on what clause?
The Commerce Clause.
Is the authority to regulate commerce by statute a significant power of the executive branch?
No.
Must a US Senator be a resident of the state he or she is elected to represent?
Yes.
Does the judicial branch have the general task of interpreting the Constitution and the laws passed by Congress?
Yes.
Is McCulloch v Maryland known for “The power to tax is the power to destroy?”
Yes.
In McCulloch v Maryland, did the US government attempt to tax the Baltimore branch of the 2nd bank of Maryland?
No.
What is the only basis on which a court can invalidate a statute?
A basis of Constitutionality.
What is the percentage of votes in each house necessary for Congress to pass a law?
A majority of votes.
What is required for the final approval of an amendment to the Constitution?
Three fourths of the states.
What is the authority of the president to influence statutory law?
Veto power.
What is the only government body that can invalidate existing state and federal law if done on proper grounds?
The US Supreme Court.
How are statutes generally written?
In general terms with applications to all citizens.
The Supreme Court most commonly employs what type of jurisdiction?
Appellate jurisdiction.
Which court has the general authority to change the trial court’s verdict on review?
Appellate court.
How many levels do the federal courts comprise, excluding specialty courts?
Three.
What is the general function of the appellate court on all cases?
Determining whether a law was applied properly and fairly.
What are federal trial courts also known as?
US district courts.
When there are no judicial precedents, a judge must create one. What is this known as?
Common law.
In law-related professions, the term “brief” usually refers to a document containing what?
Legal analysis.
What is the case of Marbury v Madison generally cited for?
Judicial review.
What is the initial step in a case analysis?
Understanding the various elements of the judicial opinion.
What is the primary distinction between appellate and trial courts?
The roles of each court.
Roughly how many cases does the US Supreme Court handle each year?
150
Is the court of last resort a state’s highest court?
No.
Can the US district courts also be used as courts of original jurisdictions?
Yes.
Do statutes provide highly detailed discussions of potential case scenarios?
No.
Do the federal and state court systems consist of two basic types of courts?
Yes.
In Indiana, must all judges be lawyers?
No.
Does “trial de novo” mean “new trial?”
Yes.
Do per curium opinions refer to opinions of the court where each judge signs his or her own opinion per their own desire to sustain or overrule the lower court?
No.
Is actual innocence always a basis for a new trial?
No.
Before they can receive a license to practice law, generally attorneys are required to do what?
Complete a degree from an accredited law school and pass a state bar exam.
Who can waive the privileged information produced as a result of the attorney-client relationship?
The client only.
What are the circumstances in which an attorney may violate the rule of confidentiality outside the bounds of the firm?
The circumstances are rare and limited.
Regarding possible conflicts of interest, how are the rules written?
Clearly.
Unlike other professions, the legal profession is based on what system?
Adversarial systems.
What are the most common ethical issues for attorneys, paralegals, and support staff alike?
Confidentiality, competence, and conflict of interest.
What entity is traditionally charged with the regulation of attorneys?
The courts.
What are the three types of contempt we discussed in class? Name one type not mentioned in class.
Criminal, civil, and indirect contempt. NOT judicial contempt.
According to the Indiana rules of professional conduct, contingency fees are not allowed in what kind of case?
Domestic relations cases, because the issues are usually personal.
An ex-parte communication generally refers to communication between a party and whom?
The judge.
One thing a prosecutor shall not do is what?
Refrain from seeking harsh sentences on minor crimes.
Does the probability of reversal decline as each subsequent level of appeal occurs and the decision is affirmed?
Yes.
Typically, do a lawyer’s educational requirements. Consist of successful completion of the equivalent of three years’ full-time study in a traditional setting?
Yes.
Are the duties of administrative law judges usually confined to hearing cases involving administrative agencies?
Yes.
Must an attorney-client communication be made in written form in order for the rules of confidentiality to apply?
No.
If a client discloses intent to commit murder, can an attorney break the privilege of confidentiality to law-enforcement officials?
Yes.
In indiana, would “I pledge to be tough on child molesters” be a violation of judicial ethical rules?
Yes.
As a requirement of zealous advocacy and client confidentiality, is a lawyer duty-bound to do anything for his or her client, including putting on purjured testimony?
No.
May a lawyer obstruct another party’s access to evidence?
No.
Is the term “officers of the court” used to describe bailiffs and others with arrest powers for contemptuous behaviors in court?
No.
What is the collection of statutes with a definitive statement expressing the goals of Congress on a particular subject?
The Enabling Act.
What act provides for an agency’s fair and efficient operation?
The Administrative Procedure Act.
Who appoints the US attorney general?
The president.
How is an administrative agency created?
Through a legislative enactment.
What is the premise that Congress cannot delegate any of its lawmaking power based on?
A delegation doctrine.
What gives congressional authority to the president to create an agency?
The Enabling Act
What are the three steps concerning administrative agency rule making? For the exam, name the incorrect step,
Notice, right to be heard, and publication. NOT presidential review.
Comparisons can be made between ex-parte Milligan and cases today dealing with what?
Military detention and trials.
A writ of habeas corpus is essentially a right to what?
Contest one’s incarceration.
May administrative agencies create original laws?
No.
Do administrative agencies have the advantage of responding quickly and rapidly to changing needs of industries and citizens?
Yes.
Has the power to suspend the issuance of writs of habeas corpus been tried since ex-parte Milligan?
Yes, despite the fact that the US Supreme Court already decided that case.
Does the War Powers Resolution forbid the introduction of US troops into war without a formal declaration of war?
No.
In the case of US vs Mitchell, was the respondent charged with trying to aid the enemy in the Civil War?
No.
Do administrative agencies have any adjudicative powers?
Yes.
What is the primary function of an administrative agency?
To enforce statutory law
What law allows the creation of an administrative agency?
The Enabling Act
Who has limited power to overrule agency actions?
The judicial branch.
What international power requires advice and consent by the senate?
Creation of international treaties.
What code must be complied with when an agency issues regulations?
The APA. (Administrative Procedure Act)
What are the additional monies that a defendant may be required to pay as a form of punishment?
Exemplary damages.
What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
A motion for summary judgment.
How do the parties involved in a lawsuit communicate with the court?
Through motions.
A jurisdiction’s procedural laws are typically divided into which categories?
Rules of appellate procedure, rules of evidence, rules of criminal procedure, and rules of civil procedure.
What may be filed if the complaint is deficient in some way?
A motion to dismiss.
Who files a complaint?
The plaintiff.
When does default judgment on a complaint occur?
When the defendant does not respond within the allotted time.
What motion is filed in an attempt to prevent certain evidence from being presented to a jury?
A motion “in limine.”
What governs issues arising between parties in regard to private rights?
Civil law.
What is presumed when an individual fails to object to a court’s authority over him or hr in a civil suit?
The authority of the court over the individuals and their assets.
What provides the authority of a court to impose jurisdiction over persons beyond their geographical boundaries?
Long-arm statutes.
What law is said to create or define rights? What corresponding law provides a method for enforcing rights or navigating the legal system?
Substantive law; procedural law.
Is imprisonment one of the possible verdicts during a civil war?
No.
May a court have authority over an individual who is not domiciled in the court’s jurisdiction?
Yes.
Ordinarily, does the law treat a corporation as a person?
Yes.
May a defendant seek to have a case brought before the federal courts when federal jurisdiction arises in a case that is already underway in a state court?
Yes.
Ordinarily, must an affirmative defense be pled in a responsive pleading to prevent the court from considering the argument “waived?”
Yes.
Normally, is a defendant in a criminal proceeding who remains in jail for over six months there on his own motion?
Yes.
Is procedural law always enacted by state general assemblies in order to protect the separation of powers?
No.
The naturalist theory was based on what belief?
All individuals have the ability to distinguish between right and wrong.
During the formation of the national government, why were individual states left inact?
They could more effectively respond to the citizens’ needs.
What clause gives federal laws precedence over conflicting state laws?
The supremacy clause.
Federal law enforcement agencies are considered a component of what branch?
The executive branch.
What is the primary source of new law?
Congress.
What type of law is most effective in dealing with a large or national industry that requires monitoring for public welfare or safety?
Administrative law.
State governments are responsible for handling matters not addressed by whom?
The US Constitution.
What theory states that the government governs only by and with the consent of the governed?
Social contract.
The colonists considered the articles of confederation largely ineffective because of what factor?
The national government lacked enforcement power.
In the case of Barron v Baltimore, what amendment was found inapplicable to the states?
The fifth amendment.
What is the Bill of Rights?
The first ten amendments.
Is the US Supreme Court the main source of law in this country?
No.
Do the majority of all Americans have more frequent personal contact with the legislative branch than any other branch?
No.
Was the executive branch the first governmental branch established in the federal structure?
No.
Were Beccaria’s writings influential during the formative years of American society?
Yes.
Did the Classical School (Beccaria’s and Bentham) have much in common with Naturalist theory?
Yes, it was highly regarded.
Does NFP in a judicial opinion mean “not for precedent?”
No.
Is the case of Barron v Baltimore still good law today?
No.
Did most states react to the Kelo decision swiftly by either legislation or constitutional amendment?
Yes. This reduced the broad sweep of the US Supreme Court’s reading of the 5th amendment.
Does the Bill of Rights protect people from abuses by everyone?
No, just from governmental actors.
What provides the authority of a court over the actual dispute between parties?
Subject matter jurisdiction.
