174 Cards in this Set
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The United States Constitution is among the finest legal accomplishment in the history of the world. Which of the following influenced Ben Franklin, Thomas Jefferson, and the rest of the Founding Fathers?
a) English common-law principles
b) The Iroquois’s system of federalism
c) Both A…
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c) Both A and B
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Which of the following parts of the modern legal system are "borrowed" from medieval England?
a) Jury trials
b) Special rules for selling land
c) Following precedent
d) All of the above
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d) All of the above
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Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafleting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board, a government agency, ruled that these res…
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administrative regulation
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If the Congress creates a new statute with the President's support, it must pass the idea by a ___________ majority vote in the House and the Senate. If the President vetoes a proposed statute and the Congress wishes to pass it without his support, the idea must pass by a ___________ majo…
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simple; two-thirds
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What part of the Constitution addresses the most basic liberties?
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amendments
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Functions of law: Keeping the ___
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peace
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Functions of law: Shaping ___ ___
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moral standards
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Functions of law: Promoting ___ ___
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social justice
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Functions of law: Maintaining ___ ___
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status quo
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Functions of law: Facilitate ___ and orderly ___
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planning; change
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Functions of law: maximize individual ___
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freedom
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Functions of law: providing a base for ___
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compromise
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Which function? Encourages moral behavior by requiring it.
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shaping moral standards
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Which function? With the Civil Rights Act 1964, the idea was trying to force people into "less prejudice" approaches, with the hope of changing people's minds as well
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promoting social justice
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Which function? Property law changes slowly because our government representatives own large amounts of property - so why change the rules.
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maintaining status quo
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Which function? Zoning laws
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Facilitate planning
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Which function? Recognize that the law has to change, for example engagement laws.
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Facilitate orderly change
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Do you have an obligation to save someone in trouble - Legally? Morally?
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no; yes
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Based on a written code of rules; the court's duty is to apply the law to a situation
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Civil Law
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Broad generalized set of rules
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French
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Highly technical rules for every situation
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German
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Civil and religious rules are the same
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Islamic Law
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Based on cases and social situations which you look back on to see what to do; common in Britain
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Common Law
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T/F A lot of countries use both civil and common law
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TRUE
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Follow the precedent
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Stare decisis
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A rule established by authority, society, or custom; the body or system of such rules; the control or authority imposed by such a system of rules
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Law
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Code law
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Civil law
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Case law
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Common law
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Constitution role: ___ for government
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Blueprint
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Constitution role: Control relationship between ___ and ___ governments
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national and state
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Constitution role: Define and preserve ___ ___
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personal liberty
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Constitution role: Allow government to ___ itself
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perpetuate
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Which role? The government has 3 branches with checks and balances
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Blueprint for government
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Which role? Some powers are exclusive to national and some are shared (which causes conflict)
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Control relationship between national and state
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Article 1 - which branch?
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Legislative
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Article 2 - which branch?
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Executive
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Article 3 - which branch?
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Judicial
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Statutes - which branch?
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Legislative
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Case decisions - which branch?
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Judicial
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T/F Most case law is made in federal courts
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False - state courts
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T/F When federal courts make common law decisions, they use state common law
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TRUE
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Executive orders - which branch?
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Executive
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Regulation and administrative agencies are part of which branch?
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Executive
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Which statue creates Administrative Agency which is part of the Executive branch?
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Enabling Statute
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Secondary sources of U.S. law include ___, ____, and ___.
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Books, encyclopedias, and restatements
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You (are/aren't) a democracy just because you have a constitution.
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Aren't - USSR
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you (do/don't) have to have a constitution to be a democracy.
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Don't - Great Britain
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Dangerous behavior outlawed by society
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Criminal
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Compensation is ordered
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Civil
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Guilt not determined
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Civil
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Government prosecutes accused
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Criminal
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Guilt is determined
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Criminal
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Victim, not government brings suit
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Civil
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Regulates rights and duties of parties
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Civil
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T/F Criminal law has to has a victim
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False - ex: public intoxication
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Looking for a remedy
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Civil
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T/F In civil cases, you must have a preponderance of evidence, meaning you must believe it is a little bit more true than not true (this is unlike criminal where you prove everything beyond reasonable doubt)
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TRUE
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Defines the right of the people
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Substantive
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Establishes processes for settling disputes
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Procedural
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What you can and can't do
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Substantive
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How you take it through court systems and rules that follow that system
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Procedural
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Sets the duties of government to its citizens
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Public
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Regulates duties between individuals
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Private
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The party who is suing
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Plaintiff
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The party being sued
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Defendant
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Where to find the case in a law library
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Legal citation
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Another name for plaintiff in a appellate court decision
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Appellant
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Another name for defendant in a appellate court decision
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Appellee
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The study of how people ought to act
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Ethics
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Another name for outcome-based ethics
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Utilitarianism
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Looks at the greatest benefit for the greatest number of people
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Outcome-based ethics
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Based on religious/moral values where there is a "right" way to do things; reasons why decisions are made are important
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Duty-based ethics
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Individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way
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Categorical imperative
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Maximize profits; Friedman's view
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Shareholder theory
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Everyone (employees, customers, creditors, suppliers, community) need to be considered in decision making
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Stakeholder theory
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Almost all cases begin in ___ courts, with a judge and usually a jury
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Trial
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___ courts determine the facts of a particular dispute and apply the law to those facts
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Trial
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___ courts can only hear cases under their jurisdiction
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Trial
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___ courts generally accept the facts given to them by trial courts and just review the trial record to see if the court made any errors of law
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Appellate
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The highest appeals court in a state is the state ___ court.
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Supreme
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Power of a court to hear a case
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Jurisdiction
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Subject matter jurisdiction: ___ vs ___ - broad types vs. specific types of cases
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General vs. limited
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Subject matter jurisdiction: ___ vs. ___ - where the case is first presented vs. review what has already happened
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Original vs. appellate
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Pulling plaintiff and defendant into the court room
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Personal jurisdiction
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Three sections of state system of court (50):
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1) Highest appellate court 2) Intermediate appellate court 3) Trial court
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Three sections of Federal Court System (1):
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1) U.S. District Court 2) U.S. Circuit Court of Appeals 3) U.S. Supreme Court
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State intermediate appellate court has ___ judges. Jury?
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3; never
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Highest state appellate court has ___ justices.
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As many as state chooses (usually 7)
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State trial courts have ___ judge. Jury?
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1; maybe
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Milton Friedman was a strong believer in the _____ model. He _____ argue that a corporate leader’s sole obligation is to make money for the company’s owners
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Shareholder; did
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In the 1919 lawsuitDodge v. Ford, the Dodge brothers and other major shareholders sued Henry Ford and his board of directors over nonpayment of dividends. The Michigan Supreme Court sided with ______. Incorporation laws at the time ______ companies to follow the shareholder model.
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Dodge brothers; required
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Which of the following historic events led to a significant change in corporation laws, permitting companies to follow the stakeholder model?
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WWII
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Which of the following wrote the bookUtilitarianism and believed that moral actions should “generate the greatest good for the greatest number”?
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Mill
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Which of the following believed that the dignity of human beings must be respected, and that the most ethical decisions are made out of a sense of duty or obligation?
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Kant
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___ vs. ___ - cases only taken to 1 court vs. more than one system has jurisdiction
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Exclusive vs. concurrent
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Copy of document plaintiff filed
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Complaint
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Required to come into court in certain number of days
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Summons
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Serve an out-of-state defendant by mail
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Long arm statute
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Business that can be served by mail:
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1) Corporations doing business in state
2) eCommerce
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Individuals can be served by mail (2)
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1) Accident happened in different state
2) Contract in a different state
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A claim based on the US Constitution, a federal statute, or a federal treaty
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Federal Question Cases
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When the plaintiff and defendant are citizens of two different states AND the amount in dispute is greater than $75,000
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Diversity cases
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The US ___ of ___ are the intermediate court of appeals for the federal court system
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Court of Appeals
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There are ___ circuits in the US
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13
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Request court to hear your case
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Writ of certiorari
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Question of ___: who will hear case when more than one court has jurisdiction (usually decided by convenience)
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Venue
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Papers that begin lawsuit
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Pleadings
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1. short, plain statement of the allegations and the legal claims
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Complaint
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The complaint is served with a ___
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Summons
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2. a brief reply to the allegations
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Answer
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3. sometimes the accused party will initiate a second suit in response to the first
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Counter-claim
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4. A brief answer to the counter-claim
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reply
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If the defendant fails to answer in time, the plaintiff will ask for this, meaning an automatic win without trial
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Default judgment
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If the plaintiff has evidence that the wrong in question has affected a large number of unrelated persons, the plaintiff may represent an entire class of plaintiffs
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Class action
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What is the most expensive stage of filing a suit?
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Discovery
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Written questions that the other party must answer, under oath
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Interrogatories
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Interview (under oath) of other party or potential witnesses; done by opposing lawyer
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Depositions
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Each side may request to see the other side's evidence
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Production of evidence
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One party may request the court to order an examination of the other party if relevant
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Physical/mental exam
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A ___ can be filed to compel answers to interrogatories
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Motion
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A ruling by the court that no trial is necessary because there are no essential facts in dispute
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Summary judgment
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The plaintiff must convince the jury that its version of the case is correct
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burden of proof
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In a civil case, the burden of proof needs to be by ....
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Slightly more true
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In a criminal case, the burden of proof needs to be...
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Beyond a reasonable doubt
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The ___ instructs the jury to evaluate the case and provide the law that needs to be applied.
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Judge
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At any point, either side may offer to settle the case, even between the verdict and he beginning of an appeal
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Settlement
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Refers to lawsuits; the process of filing claims in court and ultimately going to trial
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Litigation
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Any other formal or informal process for settling disputes without going to trial
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ADR
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Mark has sued Jan, based on the state common law of negligence causing $82,000 worth in damages. Where would this take place?
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State trial court
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The burden of proof in a civil trial is to prove a case ____. The burden of proof rests with the ____.
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by preponderance of the evidence; plaintiff
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Alice is suing Betty. After the discovery process, Alice believes that no relevant facts are in dispute, and that there is no need for a trial. She should move for:
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Summary judgment
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Glen lives in Illinois. He applies for a job with a Missouri company, and he is told, amazingly, that the job is open only to white applicants. He will now sue the Missouri company under the Civil Rights Act, a federal statute. Can Glen sue in federal court?
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Yes
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A default judgment can be entered if which of the following is true?
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defendant fails to answer plaintiff's complaint on time
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ADR Benefits: ___ decisions
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Quick
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ADR Benefits: ___ attorney fees
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Reduced
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ADR Benefits: ___ discovery
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Reduced
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ADR Benefits: ___ settlement compromise
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Amicable
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ADR Benefits: no ___ ___
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class actions
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ADR Benefits: ___
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confidentiality
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Parties make offers and counter-offers for settlements; may be face-to-face through lawyers
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Negotiation
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Neutral person (mediator) attempts to get parties to reach a voluntary settlement; mediator does not render decision
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Mediation
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Neutral person (arbitrator) is involved; DOES render binding decision; may be mandatory, if chosen in advance as the method for dispute resolution
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Arbitration
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A voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides
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Mini-trial
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The parties in a dispute employ a neutral third party to act as a fact-finder to investigate the dispute
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Fact-finding
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The court appoints a judicial referee to conduct a private trial and render a judgment (Referees have most of same power as trial judges and decisions stand as judgments of the court)
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Judicial referee (private judging)
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Federal courts two key functions: federal courts hear civil and criminal cases within their jurisdiction
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Adjudication
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Federal courts two key functions: federal courts can declare a statute or governmental action unconstitutional
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Judicial review
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Most new law is ___, that is, it is legislation passed by either a state legislature or Congress of the US
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Statutory law
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The primary source of federal power to regulate business is the:
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Commerce clause
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The original Constitution did not mention these, so the first 10 amendments (Bill of Rights) spelled those out
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Individual rights
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Congress regulates commerce with other nations and between different states; each state regulates commerce within its own borders
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Commerce clause
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Free speech includes ___ communication, such as signs, symbols, and acts (like flag-burning)
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non-verbal
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About a politician or political process; protected and can be found illegal only if it is intended and likely to promote lawless conduct
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Political speech
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Speech not protected by the Constitution
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Obscenity
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Legal speech may be limited in ___, ___, and ___.
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time, place, manner
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___ are created to fulfill a need; created by Congress
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Agencies
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An agency is created when Congress passes ___ ___, describing a problem and defining the agency's powers
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Enabling legislation
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The ___ ___ Act regulates how agencies operate, in an attempt to reduce the controversy.
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Administrative Procedure
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Two types of rules (agencies): Require businesses and people to act a certain way; have the effect of a Congressional statute
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Legislative rules
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Two types of rules (agencies): These do not change the law; they define or apply the laws to new situations
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Interpretive rules
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(Agencies) An order to appear at a hearing and produce evidence; must be relevant to the investigation, must not be unreasonably burdensome; must not be privileged
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Subpoena
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(Agencies) power to hold a hearing, then decide ow to proceed with an issue
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Adjudication powers
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To create a new rule is to ___ it.
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promulgate
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A bill is vetoed by:
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The President
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If a bill is vetoed, it may still become law if it is approved by:
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2/3rds of Congress
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Which President was most influential in the passing of the Civil Rights Act?
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Kennedy
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Under FOIA, any citizen may demand info about:
a. how an agency operates
b. how an agency spends its money
c. files that an agency has collected on the citizen herself
d. all of the above
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d. all of the above
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If the info requested under FOIA is not exempt, an agency has ___ days to comply with the requestl
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10
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T/F Appellate courts conduct trial de novo, rehearing all evidence
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FALSE
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T/F By creating 3 independent and equal branches of the federal government, the US Constitution limited the federal government's power
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TRUE
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T/F After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.
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True
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T/F Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is void.
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TRUE
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The EPA filed an administrative complaint against Marlin alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct (adjudication?)
A jury decides the matter.
B The Federal Rules of Criminal Procedure govern the admissibili…
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C
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United States district court is:
A the primary federal trial court.
B an appellate court.
C a small claims court only.
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A
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BCOR 320: Exam 3