Part 4b: Advanced Substantive Law

Question 1

Prisoner test legality of extradition is called______

Answer 1

Habeas corpus

Question 2

Term for where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement.

Answer 2

extradition

Question 3

a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.

Answer 3

garnishment

Question 4

A contractual agreement with an owner who holds a working interest in an oil and gas lease to assign all or part of that interest to another party in exchange for fulfilling contractually specified conditions.

Answer 4

farmout

note: The farmout agreement often stipulates that the other party must drill a well to a certain depth, at a specified location, within a certain time frame; furthermore, the well typically must be completed as a commercial producer to earn an assignment. The assignor of the interest usually reserves a specified overriding royalty interest, with the option to convert the overriding royalty interest to a specified working interest upon payout of drilling and production expenses, otherwise known as a back-in after payout (BIAPO).

Question 5

Trademark act of 1946 is called _____

Answer 5

The Lanham Act

Question 6

What agency in charge of hydroplants?

Answer 6

non-federal hydro: Federal Energy Regulatory Commission (FERC)

federal hyrdo: The Bureau of Reclamation and the U.S. Army Corps of Engineers

Question 7

Businesses not allowed to charge different fees, from what act?

Answer 7

Robinson-Patman Act (amendment of the Clayton Act)

Question 8

Threat of physical harm, with reasonable ability?

Answer 8

Assault

note: if the threatening words are accompanied by some action that indicates the perpetrator has the ability to carry out a threat, an assault has occurred.
* pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun.

Question 9

Unlawful physical conduct (often an act of violence, but also unwelcome sexual contact)

Answer 9

battery

Question 10

Real estate transactions are governed by________

Answer 10

a wide body of federal statutes and a combination of state statutes and common law. The requirements established by state law often differ significantly from one state to the next.

Question 11

Civil proceedings use _______ to file their positions:

Answer 11

Pleadings

Question 12

The first pleading of the case is the ______

Answer 12

Complaint

Question 13

What is needed to file a complaint?

Answer 13

• jurisdictional basis for the court’s power,
• the plaintiff’s cause of action,
• and a demand for judicial relief.

Question 14

When marriage is invalidated, children are the legitimate children of

Answer 14

Both mother and father

Question 15

T/F: The Jones Act is a federal law that regulates maritime commerce in the United States.

Answer 15

True (The Jones Act requires goods shipped between U.S. ports to be transported on ships that are built, owned, and operated by United States citizens or permanent residents.)

Question 16

“Totten trusts.”

Answer 16

a payable-on-death (POD) bank account—an account for which you name a beneficiary, who inherits the funds in the account after your death.

Question 17

When does real estate contract become official property?

Answer 17

when seller receives money?

Question 18

Malpractice is considered what type of tort?

Answer 18

professional tort/negligence

Question 19

Act for notifying communities of toxic substance release?

Answer 19

Emergency Planning and Community Right-to-Know Act of 1986

Question 20

Limitations and exceptions to copyright:

Answer 20

fair use doctrine

Question 21

Garnishment

Answer 21

a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.

Question 22

Motion to exclude criminal record from unrelated case matter?

Answer 22

In Limine

Question 23

Nolo Contendre

Answer 23

implied confession which admits the facts charged in the indictment and thus is similar to a guilty plea. Main diff: cannot be used in a subsequent civil suit.

Question 24

When does a decendent’s tax year begin?

Answer 24

The date of death

Question 25

probate is necessary only for property that was:

Answer 25

• owned solely in the name of the deceased person—for example, real estate or a car titled in that person’s name alone,
• a share of property owned as “tenants in common”—for example, the deceased person’s interest in a warehouse owned with his brother as an investment.

Question 26

formerly known as the fiduciary income tax return.

Answer 26

The IRS requires the filing of an income tax return for trusts and estates on Form 1041

Question 27

formerly known as the fiduciary income tax return.

Answer 27

The IRS requires the filing of an income tax return for trusts and estates on Form 1041.

Question 28

inheritance tax return

Answer 28

a state tax that you pay when you receive money or property from the estate of a deceased person. Unlike the federal estate tax, the beneficiary of the property is responsible for paying the tax, not the estate

Question 29

blue-sky law

Answer 29

a law regulating the sale of securities, intended to protect the public from fraud.

Question 30

C corporation

Answer 30

A corporation that chooses to be taxed at the corporate level

Question 31

S corporation

Answer 31

A corporation that chooses to be taxed at the individual’s level

Question 32

B corporation

Answer 32

B corps are different from C corps in purpose, accountability, and transparency, but aren’t different in how they’re taxed.

Question 33

Close corporation

Answer 33

have a less traditional corporate structure. can be run by a small group of shareholders without a board of directors.

Question 34

Cooperative

Answer 34

a business or organization owned by and operated for the benefit of those using its services. Profits and earnings generated by the cooperative are distributed among the members, also known as user-owners. Typically, an elected board of directors and officers run the cooperative while regular members have voting power to control the direction of the cooperative.

Question 35

Domestic Corporation

Answer 35

A domestic corporation is a company that conducts its affairs in its home country. It is often taxed differently than a corporation from overseas and may be required to pay duties or fees on the importation of its products.