Test 1

Question 1

Classification of law

Answer 1

Public: legal relationship between people and government.
Private: legal relationship amongst people.

Question 2

Civil v. Criminal

Answer 2

Civil burden of proof: by a preponderance of the evidence

Criminal burden of proof: beyond a reasonable doubt.

Question 3

Substantive

Answer 3

Legal rights

Question 4

Procedural

Answer 4

How substantive law is to be enforced

Question 5

Judges

Answer 5

Federal: lifetime immunity
State: voted in
Judicial immunity: immune from suit for damages for judicial acts.

Question 6

Personal

Answer 6

Summons
Present in state
Can’t trick or forcibly bring party to state

Question 7

Long-arm statutes

Answer 7

Personal jurisdiction over non-residents

“Minimum contacts”

Question 8

Erie RR Co. v. Tompkins

Answer 8

Federal court apply state substantive law and federal procedural law
No such thing as federal common law

Question 9

Basic Trial Procedures

Answer 9

Pleading stage, Discovery stage, pretrial, trial, appellate, enforcement

Question 10

Pleading stage

Answer 10

Plaintiff: brings the lawsuit
Complaint: first pleading, alleges facts, prayer
Defendant: being sued
Answer: respond to complaint
If no answer in 30 days then all allegations are true.
Counterclaim: claim against plaintiff.

Question 11

Discovery stage

Answer 11

Obtain information about facts before trial starts

Consequences of failure to comply: contempt of court (fine, imprisonment, lose case)

Question 12

Pretrial

Answer 12

Organize issues and evidence for trial

Judge usually encourages settlement

Question 13

Trial

Answer 13

Opening statements: explain clients vie if case of jury, tell jury who will be the witnesses provide a roadmap
Closing arguments
Instructions to jury

Question 14

Appellate stage

Answer 14

Appeal issue of law, not disputed issues of fact

Ensure the judge correctly applied the law

Question 15

Enforcement

Answer 15

Weir of execution (court orders sheriff to satisfy the judge)
Garnishment…

Question 16

Arbitration

Answer 16

Neutral 3rd party makes a binding decision

Question 17

Mediation

Answer 17

Neutral 3rd party makes a non-binding suggestion

Question 18

Commerce Clause

Answer 18

Regulates business

Wickard v. Filburn (farmer)

Question 19

Federal Supremacy

Answer 19

McCulloh v. Maryland, federal law trumps state law.

State law can strengthen federal law but can’t make it weaker or contradict it.

Question 20

First amendment

Answer 20

Freedom of speech

Limits congress from making certain laws

Question 21

Fourth Amendment

Answer 21

No unreasonable searches or seizures

Question 22

Fifth Amendment

Answer 22

Right against self incrimination

Does not apply to corporations or documents

Question 23

Fifth Amendment- Taking. Clause

Answer 23

Just compensation

Taking property for public use

Question 24

Fourteenth Amendment- Due Process Clause

Answer 24

No deprivation of life, liberty or property without due process of law

Question 25

Fourteenth Amendment- Equal Protection Clause

Answer 25

State governments must treat people equally

Question 26

Source of criminal law

Answer 26

Mostly statutory: crimes decide by legislatures

Question 27

Men’s Rea

Answer 27

Criminal intent

Question 28

Actually Rea

Answer 28

Criminal act

Question 29

Burden of proof

Answer 29

Beyond a reasonable doubt