Quiz One Flashcards
Congress passes a law stating that if someone drives more than 75 mph on an interstate highway, the police may seize the car and keep it. No hearing or appeal is permitted. Would the law be valid?
This law would be unconstitutional because it does not provide due process with the taking of property.
Constitutional Law
Defines the structure and function of government and the relationship between the government and citizens and is based on the U.S. Constitution.
What is the purpose of the U.S. Constitution?
To balance the powers of government between branches and citizens.
Who holds the ultimate authority to interpret the Constitution
The Supreme Court
What amendment proves individuals posses the right to due process?
The fifth amendment
What is the purpose of Due Process?
Requires the government to follow a set of rules when dealing with one’s rights and freedoms. This makes sure everything is fair and all individuals get the chance to explain themselves in a trial.
Walmart states that if an employee is found sleeping on the job they will be immediately fired. Sandra is found sleeping and is fired the next day. Sandra believes that she should be given the right to a hearing or appeal. Is this valid?
No, because due process primarily governs the interactions between individuals and the government. They have no control over private affairs.
What defines the structure and function of the government and the relationship between government and citizens?
Constitutional Law
How does the Supreme Court interpret the US Constitution?
By looking at the intent of framers or general understanding at the time (originalism) or by looking at principles in the Constitution (nonoriginalist).
Which of the following is not a part of the litigation process?
a.) Trial
b.) Discovery
c.) The Grand Jury
d.) Disagreement
D
True or False: In the United States, the legal system follows an inquisitorial approach.
False
True or False: When initiating a lawsuit, it is essential to assess whether the potential defendant has sufficient assets.
True
True or False: A demand or cease-and-desist letter is typically sent during the pre-litigation phase of a case
True
True or False: If a contract includes an arbitration clause, it offers an alternative to litigation in court
True
True or False: Federal courts have subject matter jurisdiction based on federal questions and diversity of citizenship.
True
True or False: Contingent fees and hourly fees are two common methods of paying lawyers.
True
True or False: To establish personal jurisdiction over a defendant, there must be a minimum connection to the forum state.
True
True or False: The complaint in a civil case serves as the basis for jurisdiction and provides notice to the defendant.
True
Which of the following is NOT a common option for a defendant when responding to a complaint in a civil case?
a) Ignore
b) Motion for summary judgment
c) Counterclaim
d) Implead other defendants
b)
What is the standard of proof in a civil trial?
a) Beyond a reasonable doubt
b) Clear and convincing evidence
c) Preponderance of the evidence
d) Hearsay evidence
c)
Which of the following is usually excluded from being admitted as evidence in a trial?
a) Relevant evidence
b) Privileged evidence
c) Hearsay evidence
d) Documentary evidence
c)
Describe the key distinction between fact-finding and deciding legal questions in the context of a civil case.
The key distinction is that fact-finding pertains to the determination of factual issues, such as what happened in a specific case, while deciding legal questions involves interpreting and applying the law to the facts to reach a legal conclusion.
What are some common elements included in a complaint, and what is their significance in the legal process?
A complaint in a civil case typically includes the plaintiff’s allegations, the basis for jurisdiction, notice to the defendant, and it frames the issues to be addressed in the case.
Explain the role and importance of the discovery process in civil litigation.
The discovery process in civil litigation plays a crucial role in the legal system by ensuring transparency, fairness, and efficiency in resolving disputes.
