Seg. A- Chap. 3 & 5- Court Procedures/Contract Rules

Question 1

Appeal

Answer 1

Asking for a higher court to determine whether the trial court erred

Question 2

Acceptance

Answer 2

Manifestation of assent in the manner requested or authorized by the offerer

ie. In the context of contracts, acceptance refers to one person’s compliance with the terms of an offer made by another.

Question 3

Counteroffer

Answer 3

A variance in the terms of the offer that constitutes a rejection of the original offer and a creation of a new offer

Question 4

Mirror image rule

Answer 4

To be valid the acceptance must exactly mirror or correspond to the terms of the offer

ie. Let’s say you want to sell your house. You put it on the market, and a buyer accepts it as-is. In this case, the mirror image rule applies. The buyer accepts your exact terms and you move forward with a contract for sale.

Question 5

Branches of Gov.

Answer 5

Legislative, Judicial, Executive

Question 6

State Courts

Answer 6

Judicial branch of a state. Both fed. and state courts have trial and appellate levels.

Question 7

Federal Courts

Answer 7

Part of the judicial branch of the U.S. government. They have jurisdiction over cases where the U.S. is a party.

Question 8

Administrative hearings

Answer 8

Tax disputes, social security manners & immigration are often administrative hearing areas.

Question 9

Appellate courts

Answer 9

Review trial court decisions to see whether that court erred. They only deal with questions of law vs. fact.

Question 10

U.S. Court of Appeals

Answer 10

Appellate level court- circuit or collection of districts

Question 11

U.S. District Court

Answer 11

Trial level court, where federal actions commence.

Question 12

Trial Court

Answer 12

Have a single judge, where the legal action is initiated and facts and evidence are presented.

[Appellant or petitioner is to Prosecution in criminal court
Appellee or respondent is to Defendant in criminal court]

Question 13

U.S. Supreme Court

Answer 13

Appellate level - highest court and has 9 judges

Question 14

Eminent domain

Answer 14

The power of the state to take possession of private property for public usage when it is deemed in the best interest of the community as a whole

Question 15

Interrogatories

Answer 15

Written questions to the opposing party which must be answered under oath. Part of the discovery process.

Question 16

Discovery Types

Answer 16

Interrogatories: Written questions

Request for Admissions: Written statements which must be admitted or denied by the opposing party.

Request for Production: Request to view documents

Request for Mental or Physical Exam: Request that other party be subjected to a mental examination.

Depositions: Oral questions responded to under oath. Only form of discovery that can apply to non-parties, such as witnesses.

Question 17

Best Evidence Rule

Answer 17

This rule states that when possible, the original document should be presented to the court.

Question 18

Digesting/Deposition Summaries

Answer 18

The method by which a deposition is made more accessible

Question 19

Stipulation

Answer 19

When parties agree upon something that, therefor, will not be disputed at trial.

Question 20

Dismissal without Prejudice

Answer 20

To dismiss a case for procedural reasons, allowing the matter to be brought again.