RE Law & Legal - Ch1 Flashcards
Which state court is knowns as the "people's court?" Family Court Small Claims Court Court of Appeals District Court
Small Claims Court
In a case, the party bringing suit for injury is called the plaintiff attorney defendant judge
plaintiff
Which of the following is not an equitable remedy? Liquidated Damages Rescission Quiet Title Foreclosure
Liquidated Damages
Which body of law is designed to protect the public from harm? Personal Property Law civil law criminal Law tort law
criminal Law
Which of the following is NOT a purpose of laws in our society?
To make association between individuals and governments.
To set standards
To settle disputes
To safegaurd liberties and rights
To make association between individuals and governments.
What is another term given to case law? State law Common law Property law civil law
common law
In a civil case, pleadings refer to counter-claims filed by the defendant. each party's side of the dispute gathering relevant evidence filing suit
each party’s side of the dispute
In the UCC, negotiable instruments are all of the following EXCEPT: cash promissory notes drafts checks
cash
What does not occur during a pre-trial conference?
A trial plan is prepared.
Attorney and parties will revisit the financial costs and unpleasantness of going to trial.
parties may or may not consider settlement
The court enters a pre-trial order
The court enters a pre-trial order
The Bills of Right protects the rights of individuals by
dividing power into three main branches.
laying out the organization and powers of the federal government.
making sure all laws agree with the US Constitution
Limiting government power.
Limiting government power.
Mary and Ben were having a dispute over an employment contract. They agreed to allow a third party to listen to their issues and help them come to a resolution. This is a description of what type of dispute resolution?
Arbitration
Litigation
Mediation
Estoppel
Mediation
the individual state’s common laws of torts and contracts are unique because
they are the same as federal contracts laws.
they can be enforced on a federal or state level.
the powers of these belong exclusively to the state.
they are considered universal.
the powers of these belong exclusively to the state.
What kind of appeal cases go straight to the CA supreme court? Civil Murder Death Penalty Fraud
Death Penalty
It is key for agents to learn about the laws because
they need to be able to memorize them.
they should be able to give their clients legal advice.
they have too many laws that apply to their transactions.
they need to know the origination and support for these rules.
they need to know the origination and support for these rules.
Which federal court reviews IRS rulings?
U.S. Tax Court
Claims Court
U.S. Bankruptcy Court
Appeals Court
U.S. Tax Court
