Test 1 Flashcards
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.
True
Legal positivists believe that law should reflect universal principles that are part of human nature.
False
The doctrine of stare decisis obligates judges to follow precendents established within their juridistions.
True
COmmon law develops from rules of law announced in court descisions.
True
Statutory law is legislation
True
A federal statute takes precedence over the U.S Constitution
False
Congress enacted the uniform commercial code for adoption by the state.
False
Criminal law covers disputes between persons, and between persons and their government.
False
In most states, the same courts can grant legal or equitable remedies.
True
A citation includes the name of the judge who decided the case.
False
Tonya is a legal positivist. Tonya believes that
the written law of society at a particular time is most significant.
In a suit between Best Producs inc. and central sales corporation, the court applies the doctrine of stare decisis. This means that the court follows rules of law established by
courts of higher rank only
In a suit between delta fishing company and rivermouth trawlers, the court applies the doctrine of stare decisis. This requires the court to find cases that, compared to the case before it, has
Similar facts
In a suit between retail sales company and shoppers mall, the court orders a rescission. This is
an action to cancel a contract and return the parties to the positions they held before the contract was made.
In a given case, most courts may grant
equitable remedies, legal remedies, or both
The U.S Constitution takes precednece over
a state constitiution, statute, and court decsion
Case law includes interpretations of federal and state
administrative rules, statutes, and constitutions
Civil law concerns
disputes between persons, and between persons and their governments.
Michael is a judge. to reason analogy, Micheal compares the facts in one case to
the facts in another case
A concurring opinion, written by one of the judges who decide a case before a multi judge panel is
a seperate opinion that does not agree with courts ruling.
Under a long arm statute, a state court can compel someone outside the state to appear in the court.
True
Doing substantial business in a jurisdiction over the internet can be enough to support a courts jurisdiction over a nonresident defendant.
True
The united states supreme court is the final authority for any case decided by a state court.
False
suits involving federal questions originate in federal district courts.
True
Most lawsuits go to trial.
False
In mediation, a mediator makes a decision on the matter in dispute.
False
A party to an arbitration agreement may never be complled to arbitrate a dispute.
False
The jury verdict, in a summary jury trial, is binding
False
A major similarity between negotiation and mediation is that no 3rd parties are involved.
False
In binding arbitration, an arbitrators decision is usually the final word.
True
Matrix Corporation which is based in texas, advertises on the web. A court in Illinois would be most likley to excercise jurisdiction over Matrix if the firm
conducted substantial business with Illinois residents at its site.
Kim and Lou agree to dissolve their partnership but cannot agree on the division of assets and profits. They decide to mediate their dispute. The advantages of mediation include
all of the choices.
Centre Hotels corporation wa incorporated in Delaware, has its main office in New Jersey, and does business in New York. Centre is subject to the jurisdiction of
Delaware, New Jersey, or New York
Gabriella files a suit against Huey. Before going to trial, the parties meet with their attorneys to represent them, to try to reslove the dispute without involving a 3rd party. This is
Negotiation
Sean files a suit against Tifa. They meet and their attorneys present the case to a jury. The jury renders a non-building verdict, after which the parties try to reach an agreement. This is
a summary jury trial
Levonne sues Mica in a state trial court. Levonne lsoes the suit. If Levonne wants to appeal the most appropriate court in which to file the appeal is
the state appeallate court
Pleadings consist of a complaint, an answer, and a motion to dismiis
False
In ruling on a motion for summary judgment, a court cannot consider evidence outside the pleadings.
False
At a pretrial confernce, the parties and the judge may set ground rules for the trial.
True
An answer may admit or deny the statements or allegations in a complaint.
True
Before a trial if there are no issues of fact, a court may grant a summary judgment.
False
Only a losing party may appeal to a higher court.
falsE
In a jury trial the parties have a right to conduct voir dire
True
In a civil case, a plantiff must establish his or her case beyond a resonable dount
False
A motion for a new trial is granted if a jury verdict is the obvious result of a misapplication of the law
false
