41 Cards in this Set
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Administrative Regulation
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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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A defendant fails to file and answer to a plaintiff's complaint on time
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A default judgment can be entered if which of the following is true?
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10 days
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If information requested under FOIA is not exempt, an agency has ____ to comply with the request.
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Shari'a law
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principle source of law in saudi arabia but followed to some extent in all islamic countries; primarily a moral code
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Civil Law
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positive law, laissez-faire economics, based on general principles, codes, case law is respected as precedent, uses deductive reasoning
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common law
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natural law, rules based upon specific circumstances, case law required as precedent, private and public, uses inductive reasoning
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substantive law
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defines the rights of the people
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procedural law
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establishes processes for settling disputes
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public law
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sets the duties of government to its citizens
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private law
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regulates duties between individuals
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federal question cases
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a claim based on the US constitution, a federal statute, or federal treaty
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diversity case
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the plaintiff and defendant are citizens of two different states AND the amount in dispute is greater than $75,000
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pleadings
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papers that begin a lawsuit (served w a summons)
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answer
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a brief reply to the allegations
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counter-claim
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sometimes the accused party will initiate a second suit in response to the first
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reply
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a brief reply to counter claim
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default judgement
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If the defendant fails to answer in time, the plaintiff will ask for a _________, meaning an automatic win without a trial
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discovery
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next step after pleadings, allows both parties to uncover evidence, encouraging a settlement or ensuring few surprises during a trial
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interrogatories
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written questions that the other party must answer, under oath
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depositions
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interview (under oath) of other party or potential witnesses; done by opposing lawyer
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e-discovery
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electronic communications which may be requested by a party to gather information about a case
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motion to compel answers to interrogatories
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may be made if one side thinks the other has not adequately answered interrogatories
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motion for protective order
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is a request to the court that the other side be made to reduce the number of depositions
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summary judgement
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a ruling by the court that no trial is necessary because there are no essential facts in dispute; may be requested by either side
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burden of proof in a civil case
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preponderance of evidence
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directed verdict
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asking the judge to decide that the plaintiff has no case worth proceeding with
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probate division trial court
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settles estates of deceased
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litigation
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the process of filing claims in court, and ultimately going to trial
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alternative dispute resolution (ADR)
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any other formal or informal process for settling disputes without going to trial
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arbitration
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Neutral person (arbitrator) is involved.
Arbitrator does render a binding decision.
Arbitration may be mandatory, if chosen in advance as the method for dispute resolution.
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federalism
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the national government's power is limited to only the enumerated powers clause
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substantial effect rule
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Congress may regulate any activity which has a substantial economic effect on interstate commerce
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Dormant (negative) aspect rule
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states are limited where their actions restrict free flow of interstate commerce
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adjudication
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Federal courts hear civil and criminal cases within their jurisdiction
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procedural due process
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the government must go through procedures to ensure that the result is fair. The process due is in proportion to what the government is trying to take from the person
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The takings clause
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when the government takes private property for public use, it must pay a fair price
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14th amendment
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equal protection (there are exceptions)
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14th amendment rational basis test
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based on economic and social relations (such as higher income paying a higher percentage income tax) are usually upheld
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14th amendment intermediate scrutiny test
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based on gender are sometimes upheld, if there is a good reason
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14th amendment strict scrutiny test
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based on race, ethnicity and fundamental rights (e.g., voting, travel, etc.) are almost never upheld
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administrative law
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federal agencies have the power to make regulations which affect citizens and businesses
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BCOR 320: Exam 3