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

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