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Intro To Law > Midterm > Flashcards

Midterm Flashcards

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1
Q

A primary source of US law is legislation enacted by what?

A

The federal legislative branch.

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2
Q

Members of the House of Representatives are elected based on what?

A

The population in a specific geographical district.

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3
Q

All laws passed during a congressional session are called what?

A

Session laws.

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4
Q

How many voting US senators are there?

A

100

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5
Q

Federal legislative laws are officially published where?

A

In US code.

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6
Q

To be elected to the Senate, what two requirements must be satisfied?

A

At least 30 years of age and 9 years of US citizenship.

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7
Q

What is the term length for a member of the US Senate?

A

Six years.

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8
Q

How can Congress overturn a veto?

A

A two-thirds majority.

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9
Q

According to the Constitution, revenue raising bills must be initially introduced where?

A

In the House of Representatives.

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10
Q

In the case of Wickard v Filburn, the US Supreme Court relied heavily on what clause?

A

The Commerce Clause.

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11
Q

Is the authority to regulate commerce by statute a significant power of the executive branch?

A

No.

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12
Q

Must a US Senator be a resident of the state he or she is elected to represent?

A

Yes.

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13
Q

Does the judicial branch have the general task of interpreting the Constitution and the laws passed by Congress?

A

Yes.

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14
Q

Is McCulloch v Maryland known for “The power to tax is the power to destroy?”

A

Yes.

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15
Q

In McCulloch v Maryland, did the US government attempt to tax the Baltimore branch of the 2nd bank of Maryland?

A

No.

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16
Q

What is the only basis on which a court can invalidate a statute?

A

A basis of Constitutionality.

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17
Q

What is the percentage of votes in each house necessary for Congress to pass a law?

A

A majority of votes.

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18
Q

What is required for the final approval of an amendment to the Constitution?

A

Three fourths of the states.

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19
Q

What is the authority of the president to influence statutory law?

A

Veto power.

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20
Q

What is the only government body that can invalidate existing state and federal law if done on proper grounds?

A

The US Supreme Court.

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21
Q

How are statutes generally written?

A

In general terms with applications to all citizens.

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22
Q

The Supreme Court most commonly employs what type of jurisdiction?

A

Appellate jurisdiction.

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23
Q

Which court has the general authority to change the trial court’s verdict on review?

A

Appellate court.

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24
Q

How many levels do the federal courts comprise, excluding specialty courts?

A

Three.

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25
Q

What is the general function of the appellate court on all cases?

A

Determining whether a law was applied properly and fairly.

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26
Q

What are federal trial courts also known as?

A

US district courts.

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27
Q

When there are no judicial precedents, a judge must create one. What is this known as?

A

Common law.

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28
Q

In law-related professions, the term “brief” usually refers to a document containing what?

A

Legal analysis.

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29
Q

What is the case of Marbury v Madison generally cited for?

A

Judicial review.

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30
Q

What is the initial step in a case analysis?

A

Understanding the various elements of the judicial opinion.

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31
Q

What is the primary distinction between appellate and trial courts?

A

The roles of each court.

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32
Q

Roughly how many cases does the US Supreme Court handle each year?

A

150

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33
Q

Is the court of last resort a state’s highest court?

A

No.

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34
Q

Can the US district courts also be used as courts of original jurisdictions?

A

Yes.

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35
Q

Do statutes provide highly detailed discussions of potential case scenarios?

A

No.

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36
Q

Do the federal and state court systems consist of two basic types of courts?

A

Yes.

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37
Q

In Indiana, must all judges be lawyers?

A

No.

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38
Q

Does “trial de novo” mean “new trial?”

A

Yes.

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39
Q

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?

A

No.

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40
Q

Is actual innocence always a basis for a new trial?

A

No.

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41
Q

Before they can receive a license to practice law, generally attorneys are required to do what?

A

Complete a degree from an accredited law school and pass a state bar exam.

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42
Q

Who can waive the privileged information produced as a result of the attorney-client relationship?

A

The client only.

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43
Q

What are the circumstances in which an attorney may violate the rule of confidentiality outside the bounds of the firm?

A

The circumstances are rare and limited.

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44
Q

Regarding possible conflicts of interest, how are the rules written?

A

Clearly.

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45
Q

Unlike other professions, the legal profession is based on what system?

A

Adversarial systems.

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46
Q

What are the most common ethical issues for attorneys, paralegals, and support staff alike?

A

Confidentiality, competence, and conflict of interest.

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47
Q

What entity is traditionally charged with the regulation of attorneys?

A

The courts.

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48
Q

What are the three types of contempt we discussed in class? Name one type not mentioned in class.

A

Criminal, civil, and indirect contempt. NOT judicial contempt.

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49
Q

According to the Indiana rules of professional conduct, contingency fees are not allowed in what kind of case?

A

Domestic relations cases, because the issues are usually personal.

50
Q

An ex-parte communication generally refers to communication between a party and whom?

A

The judge.

51
Q

One thing a prosecutor shall not do is what?

A

Refrain from seeking harsh sentences on minor crimes.

52
Q

Does the probability of reversal decline as each subsequent level of appeal occurs and the decision is affirmed?

A

Yes.

53
Q

Typically, do a lawyer’s educational requirements. Consist of successful completion of the equivalent of three years’ full-time study in a traditional setting?

A

Yes.

54
Q

Are the duties of administrative law judges usually confined to hearing cases involving administrative agencies?

A

Yes.

55
Q

Must an attorney-client communication be made in written form in order for the rules of confidentiality to apply?

A

No.

56
Q

If a client discloses intent to commit murder, can an attorney break the privilege of confidentiality to law-enforcement officials?

A

Yes.

57
Q

In indiana, would “I pledge to be tough on child molesters” be a violation of judicial ethical rules?

A

Yes.

58
Q

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?

A

No.

59
Q

May a lawyer obstruct another party’s access to evidence?

A

No.

60
Q

Is the term “officers of the court” used to describe bailiffs and others with arrest powers for contemptuous behaviors in court?

A

No.

61
Q

What is the collection of statutes with a definitive statement expressing the goals of Congress on a particular subject?

A

The Enabling Act.

62
Q

What act provides for an agency’s fair and efficient operation?

A

The Administrative Procedure Act.

63
Q

Who appoints the US attorney general?

A

The president.

64
Q

How is an administrative agency created?

A

Through a legislative enactment.

65
Q

What is the premise that Congress cannot delegate any of its lawmaking power based on?

A

A delegation doctrine.

66
Q

What gives congressional authority to the president to create an agency?

A

The Enabling Act

67
Q

What are the three steps concerning administrative agency rule making? For the exam, name the incorrect step,

A

Notice, right to be heard, and publication. NOT presidential review.

68
Q

Comparisons can be made between ex-parte Milligan and cases today dealing with what?

A

Military detention and trials.

69
Q

A writ of habeas corpus is essentially a right to what?

A

Contest one’s incarceration.

70
Q

May administrative agencies create original laws?

A

No.

71
Q

Do administrative agencies have the advantage of responding quickly and rapidly to changing needs of industries and citizens?

A

Yes.

72
Q

Has the power to suspend the issuance of writs of habeas corpus been tried since ex-parte Milligan?

A

Yes, despite the fact that the US Supreme Court already decided that case.

73
Q

Does the War Powers Resolution forbid the introduction of US troops into war without a formal declaration of war?

A

No.

74
Q

In the case of US vs Mitchell, was the respondent charged with trying to aid the enemy in the Civil War?

A

No.

75
Q

Do administrative agencies have any adjudicative powers?

A

Yes.

76
Q

What is the primary function of an administrative agency?

A

To enforce statutory law

77
Q

What law allows the creation of an administrative agency?

A

The Enabling Act

78
Q

Who has limited power to overrule agency actions?

A

The judicial branch.

79
Q

What international power requires advice and consent by the senate?

A

Creation of international treaties.

80
Q

What code must be complied with when an agency issues regulations?

A

The APA. (Administrative Procedure Act)

81
Q

What are the additional monies that a defendant may be required to pay as a form of punishment?

A

Exemplary damages.

82
Q

What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?

A

A motion for summary judgment.

83
Q

How do the parties involved in a lawsuit communicate with the court?

A

Through motions.

84
Q

A jurisdiction’s procedural laws are typically divided into which categories?

A

Rules of appellate procedure, rules of evidence, rules of criminal procedure, and rules of civil procedure.

85
Q

What may be filed if the complaint is deficient in some way?

A

A motion to dismiss.

86
Q

Who files a complaint?

A

The plaintiff.

87
Q

When does default judgment on a complaint occur?

A

When the defendant does not respond within the allotted time.

88
Q

What motion is filed in an attempt to prevent certain evidence from being presented to a jury?

A

A motion “in limine.”

89
Q

What governs issues arising between parties in regard to private rights?

A

Civil law.

90
Q

What is presumed when an individual fails to object to a court’s authority over him or hr in a civil suit?

A

The authority of the court over the individuals and their assets.

91
Q

What provides the authority of a court to impose jurisdiction over persons beyond their geographical boundaries?

A

Long-arm statutes.

92
Q

What law is said to create or define rights? What corresponding law provides a method for enforcing rights or navigating the legal system?

A

Substantive law; procedural law.

93
Q

Is imprisonment one of the possible verdicts during a civil war?

A

No.

94
Q

May a court have authority over an individual who is not domiciled in the court’s jurisdiction?

A

Yes.

95
Q

Ordinarily, does the law treat a corporation as a person?

A

Yes.

96
Q

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?

A

Yes.

97
Q

Ordinarily, must an affirmative defense be pled in a responsive pleading to prevent the court from considering the argument “waived?”

A

Yes.

98
Q

Normally, is a defendant in a criminal proceeding who remains in jail for over six months there on his own motion?

A

Yes.

99
Q

Is procedural law always enacted by state general assemblies in order to protect the separation of powers?

A

No.

100
Q

The naturalist theory was based on what belief?

A

All individuals have the ability to distinguish between right and wrong.

101
Q

During the formation of the national government, why were individual states left inact?

A

They could more effectively respond to the citizens’ needs.

102
Q

What clause gives federal laws precedence over conflicting state laws?

A

The supremacy clause.

103
Q

Federal law enforcement agencies are considered a component of what branch?

A

The executive branch.

104
Q

What is the primary source of new law?

A

Congress.

105
Q

What type of law is most effective in dealing with a large or national industry that requires monitoring for public welfare or safety?

A

Administrative law.

106
Q

State governments are responsible for handling matters not addressed by whom?

A

The US Constitution.

107
Q

What theory states that the government governs only by and with the consent of the governed?

A

Social contract.

108
Q

The colonists considered the articles of confederation largely ineffective because of what factor?

A

The national government lacked enforcement power.

109
Q

In the case of Barron v Baltimore, what amendment was found inapplicable to the states?

A

The fifth amendment.

110
Q

What is the Bill of Rights?

A

The first ten amendments.

111
Q

Is the US Supreme Court the main source of law in this country?

A

No.

112
Q

Do the majority of all Americans have more frequent personal contact with the legislative branch than any other branch?

A

No.

113
Q

Was the executive branch the first governmental branch established in the federal structure?

A

No.

114
Q

Were Beccaria’s writings influential during the formative years of American society?

A

Yes.

115
Q

Did the Classical School (Beccaria’s and Bentham) have much in common with Naturalist theory?

A

Yes, it was highly regarded.

116
Q

Does NFP in a judicial opinion mean “not for precedent?”

A

No.

117
Q

Is the case of Barron v Baltimore still good law today?

A

No.

118
Q

Did most states react to the Kelo decision swiftly by either legislation or constitutional amendment?

A

Yes. This reduced the broad sweep of the US Supreme Court’s reading of the 5th amendment.

119
Q

Does the Bill of Rights protect people from abuses by everyone?

A

No, just from governmental actors.

120
Q

What provides the authority of a court over the actual dispute between parties?

A

Subject matter jurisdiction.

Intro To Law (2 decks)

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