Download CLEMSON LAW 3220 TEST 1: Questions & Answers - Key Legal Concepts and Cases and more Exams Law in PDF only on Docsity!
CLEMSON LAW 3220 TEST 1
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Erie RR Co v. Tompkins is important because... - ✔️ ✔️ death of the federal common law and diversity of citizenship cases
Barabin v. AstenJohnson Inc. important because... - ✔️ ✔️ of expert witnesses and scientific process of how it relates to law. Judge made a huge error when not granting a Daubert hearing
Blimka v. My Web Wholesaler, LLC is important because... - ✔️ ✔️ long arm jurisdiction
civil burden of proof is what percentage? - ✔️ ✔️ >50%
"preponderance of the evidence" is also known as... - ✔️ ✔️ civil burden of proof
"we the people of the United States, in Order to form a more perfect Union..." is called...
Baccus Imports v. Dias is important because it deals with... - ✔️ ✔️ state taxation. court struck down Hawaii's 20% tax on all alcoholic beverages except for local products. Same tax must be imposed regardless of origin
"worth a dollar" are what type of monetary damages? - ✔️ ✔️ nominal
3 factors of personal jurisdiction are... - ✔️ ✔️ 1) residency
- mere presence
- consent
a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens. - ✔️ ✔️ diversity jurisidiction
a judge is absolutely immune from suit for damages for judicial acts taken within his/her jurisdiction - ✔️ ✔️ judicial immunity
all active judges in a circuit will hear a case is called... - ✔️ ✔️ en banc proceeding
any activity that affects supply and demand of a business - ✔️ ✔️ interstate commerce
appellate courts are also known as... - ✔️ ✔️ court of appellate jurisdiction
appellate courts looks at issues of... - ✔️ ✔️ law
application to go to Supreme Court (grant=ok, deny it=go back to lower court) is called...
"actually takes to make you whole" are what type of monetary damages? - ✔️ ✔️ compensatory
"beyond reasonable doubt" is a legal requirement for which type of law? - ✔️ ✔️ criminal law
"beyond reasonable doubt" is known as... - ✔️ ✔️ criminal burden of proof
"damages to design to punish" are what type of monetary damages? - ✔️ ✔️ punitive
"fair market value" is called - ✔️ ✔️ just compensation
"genuine issue, material fact", either party may request is called... - ✔️ ✔️ summary judgement
"looking back through precedents" or the use of this precedent is called... - ✔️ ✔️ Stare Decisis
appropriate geographical location where the lawsuit is heard - ✔️ ✔️ venue
arbitrators decision is... - ✔️ ✔️ binding and final
conformity or rules of conduct within the context of a society, religion or other institutional belief - ✔️ ✔️ morality
court order from judge to person - ✔️ ✔️ writ of execution
court's jurisdiction only on certain types of cases such as bankruptcy, family matters, etc. - ✔️ ✔️ limited jurisdiction
criminal burden of proof is what percentage? - ✔️ ✔️ 90 - 95%
cross examination involves the... - ✔️ ✔️ plaintiff and the defendant attorney
how substantive law is processed through the court or other systems and how it is to be enforced - ✔️ ✔️ procedural
Hughes v. Oklahoma is important because... - ✔️ ✔️ interstate commerce
if no use of a jury, who becomes a trier of fact? - ✔️ ✔️ judge
if there is a new issues the judge does what? - ✔️ ✔️ makes a new law
if there is no further appeal is available, judgment becomes... - ✔️ ✔️ final
if there is no jury, who makes the decision in trial court? - ✔️ ✔️ judge
in rem jurisdiction means... - ✔️ ✔️ jurisdiction over property
Katzenbach v. McClung is important because... - ✔️ ✔️ interstate commerce, no interstate travelers and affects interstate commerce
Kelo v. City of New London, CT is important because... - ✔️ ✔️ defines what is public use
Lamson v. Crater Lake Motors discusses... - ✔️ ✔️ the issue between ethics and law
laws of state in which contract was made will be applied, where parties agreed - ✔️ ✔️ contract cases
laws of state where tort takes place - ✔️ ✔️ tort cases
legal principle from cases is called... - ✔️ ✔️ precedent
limited jurisdiction = what? - ✔️ ✔️ POWER
living by a moral code and standards of ethics - ✔️ ✔️ integrity
lower courts, also known as trial court, looks at issues of... - ✔️ ✔️ fact
may be viewed as a collection of rules or principles that limit and direct human behavior
mediators suggestions are... - ✔️ ✔️ not binding
Naples v Keystone Building and Development Corp. is important because... - ✔️ ✔️ monetary damages for property
no genuine issue of material fact is called... - ✔️ ✔️ summary judgement
no other actions brought over the same facts - ✔️ ✔️ res judicata
parties may/may not go to trail after this ADR - ✔️ ✔️ may
plaintiff goes first during trail stage because of... - ✔️ ✔️ burden of proof
Pre-Paid Legal Services, Inc. v. Cahill is important because... - ✔️ ✔️ injunction
reasonable steps taken by a person in order to satisfy a legal requirement - ✔️ ✔️ due diligence
right of a court to hear and decide the case is called... - ✔️ ✔️ jurisdiction
rules or standards governing conduct of members of a profession - ✔️ ✔️ ethics
state judges are appointed in 3 different ways: - ✔️ ✔️ 1) elected
- appointed
- mixture of both
supreme court looks at... - ✔️ ✔️ was the correct law applied?
systematic way to change law - ✔️ ✔️ common law
term that is related to "dispute" - ✔️ ✔️ trial
term that is related to "evidence that you have" - ✔️ ✔️ discovery
term that is related to "request to court" - ✔️ ✔️ motions
term that is related to "start of the case" - ✔️ ✔️ pleadings
Texas uses the ____________________ which looks "whether the person seeking immunity is intimately associated with the judicial process" - ✔️ ✔️ functional approach
the appellate stage is also called... - ✔️ ✔️ the error resolution stage. this is when we fix what trial judge screwed up.
the arbitration agreement is (more/less) restricted and (more/less) relaxed - ✔️ ✔️ less, more
true or false: ethics affect outcomes but they are not laws - ✔️ ✔️ true
True or false: federal regulation takes precedence over state regulation - ✔️ ✔️ true
true or false: judges cannot be sued but can be can be punished by removing them from office - ✔️ ✔️ true
true or false: self incrimination applies to people not to businesses - ✔️ ✔️ true
true or false: since the judge appointed Radoff to be a receiver and is cloaked by the judicial immunity, he always falls underneath judicial immunity - ✔️ ✔️ true
true or false: state may not enact laws that burden interstate commerce by imposing restrictions on business from other states - ✔️ ✔️ true
true or false: state regulations may not contradict federal law standards - ✔️ ✔️ true
true or false: you may not trick the out of state defendant to get them into the state for service of process - ✔️ ✔️ true
under what clause does the federal government actions take precedence over actions of other governments - ✔️ ✔️ Supremacy Clause
what amendments gives right to a jury in certain cases? - ✔️ ✔️ 6th and 7th
what are interrogatories? - ✔️ ✔️ written questions
what are the 3 classifications of law? - ✔️ ✔️ 1) public/private
- civil/criminal
- substantive/procedural
what are the 3 types of injunction? - ✔️ ✔️ 1. permanent
- temporary--until final hearing
- preliminary--when case actually starts
what are the 4 outcomes of the decisions? - ✔️ ✔️ affirmed, modified, reversed and remanded
What are the 6 stages in the Civil Justice Process? - ✔️ ✔️ 1. pleading stage
- discovery stage
- pretrial stage
- trial stage
- appellate stage
- enforcement stage
What are the three key functions of the legal system? - ✔️ ✔️ 1) influencing behavior
- conflict behavior 3)social stability and change
what are the two types of arguments before the court? - ✔️ ✔️ written briefs and oral arguments
what are three types of decision by the court? - ✔️ ✔️ majority opinion, concurring opinions, and dissenting opinions
what are used to raise revenue and/or deter/punish/encourage certain behavior - ✔️ ✔️ taxes
What branch of government writes the law? - ✔️ ✔️ legislative branch
what clause deals with interstate commerce? - ✔️ ✔️ Commerce Clause
what clause has the power to make all laws? - ✔️ ✔️ Necessary and Proper Clause
what do you need to have over the subject matter and parties during the pleading stage? - ✔️ ✔️ jurisdiction
What does statutory law consist of? - ✔️ ✔️ federal laws, state laws, and municipal laws
What establishes the legislative, executive and judicial branches of government? - ✔️ ✔️ U.S. Constitution
what is a Daubert hearing? - ✔️ ✔️ prove an expert is an expert by experience and education
what is called when someone is awarded money by the jury - ✔️ ✔️ monetary damages
what is it called with the parties agree on a private judge - ✔️ ✔️ arbitration
what is needed to go into homes and businesses? - ✔️ ✔️ warrant based on probable cause
what is South Carolina's civil of procedures called? - ✔️ ✔️ SC Rules of Civil Procedure
what is the 4th amendment? - ✔️ ✔️ unreasonable search and seizure
what is the 5th amendment? - ✔️ ✔️ self incrimination
what type of remedies are decided by the judge? - ✔️ ✔️ equitable
what type of statutes are aimed at non-resident businesses and protect states citizens from business defendants who do business in the state and then leave the state - ✔️ ✔️ long-arm
What was held in the Barabin v. AstenJohnson Inc. case? - ✔️ ✔️ the district erred and a new trial was provided
what was held in the Blimka v. MWW case? - ✔️ ✔️ court affirmed that Idaho had jurisdiction
What was held in the Hughes v. Oklahoma case? - ✔️ ✔️ originally upheld statute as constitutional to protect Oklahoma natural resources. Hughes appealed and the Supreme Court favored him. It is fine to protect wild life but could be effected in less discriminatory way by the state
What was held in the Katzenbach v. McClung case? - ✔️ ✔️ the activity does exert a substantial economic effect on interstate commerce
What was held in the Kelo v. City of New London CT case? - ✔️ ✔️ city used power of eminent domain to buy property and sell to developers. homeowners claimed this was a 5th amendment violation of public use. Supreme Court held that the takings that are challenged satisfy the 5th amendment requirements of "takings for a public purpose" city wins
What was held in the Lamson v. Crater Lake Motors case? - ✔️ ✔️ first, Lamson sued Crater Lake Motors for wrongful discharge. The court held that there was no wrongful discharge and that it was under at-will-employment
What was held in the Naples v. Keystone Building and Development Corp. case? - ✔️ ✔️ trial court was in error because the trial court's award was illogical
who deals with the issues and review most decisions in the U.S. Court of Appeals? - ✔️ ✔️ panel of judges (3)
who gives all the evidence in trial court? - ✔️ ✔️ witness
who has the power to lay and collect taxes? - ✔️ ✔️ Congress
who interprets decisions and applies the laws? - ✔️ ✔️ judiciary
Who makes regulations? - ✔️ ✔️ agencies
who makes suggestions, does not need to reach a resolution? - ✔️ ✔️ mediator
What was held in the Pre-Paid Legal Services, Inc. v. Cahill case? - ✔️ ✔️ PPSLI satisfied the four requirements of preliminary injunction
When it comes to federal law, what is the book that has procedural law? - ✔️ ✔️ the Federal Rules of Civil Procedure
when only one court can hear a matter, it is called... - ✔️ ✔️ exclusive jurisdiction
when several courts can hear a matter, it is called... - ✔️ ✔️ concurrent jurisdiction
Where did common law originate from? - ✔️ ✔️ the English
who always wins? - ✔️ ✔️ Federal
who applies the law in trial court? - ✔️ ✔️ judge
Who creates a statute? - ✔️ ✔️ Congress
who creates statutory law? - ✔️ ✔️ legislature
What was held in the Davis v. Baugh Industrial Contractors, Inc. case? - ✔️ ✔️ reversed and remanded. court rejected previous common law rule and accepted a more modern approach.
what was held in the Davis v. West case? - ✔️ ✔️ Trail court granted summary judgement for Radoff, as he was entitled to derived judicial immunity. Davis appealed but the court affirmed that Radoff was under judicial immunity.
what was held in the Erie RR v. Tompkins case? - ✔️ ✔️ court applied federal common law but Erie appealed to the Supreme Court. Court held that the concept of the federal common law in diversity of citizenship cases is ended
