BLAW-300 Test 1

Litigation in federal court often involves parties from different states. In addition, at least how much in dollar terms must be in controversy for a case to be heard in a federal court

75 big guys

Original Jurisdiction means power to:

Accept a lawsuit, try it, and pass judgment

_____ Is the most widely recognized form of Alternative Dispute Resolution

Arbitration

Diversity of citizenship cases are:

Cases that go to federal court that involve disputes between citizens of different states

The Constitution intends for the judiciary to have significant independence fro the other parts of the government as part of

Checks and Balances

US common law originated in

England

T/F. A courts review of an arbitrator's award may be restricted

False

T/F. Mediation is adversarial in nature.

False

T/F. Negotiation is the most complex form of alternative disputes

False

THe Supreme Court was created by

The Constitution

Mens Rea is

The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

The United States Constitution is:

The supplementary law of the land

T/F Criminal law is primarily made up of statues passed by Congress and state legislatures

True

T/F Negotiation is always voluntary

True

T/F. A court may depart from a precedent if the court decides that the precedent should no longer be followed.

True

T/F. A federal law that conflicts with the US constitution will be deemed unconstitutional

True

T/F. A substantive law creates or defines legal rights and obligations.

True

T/F. Equitable remedies include injunctions

True

T/F. Jurisdiction can be a key issue in a case involving a cyber-crime

True

T/F. Monetary damages is a remedy at law

True

Under common law, disputes come to court in the form of

a case

A serios crime is known as

a felony

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called

a garnishment

the legal means to recover a right or to redress a wrong:

a remedy

an actus reus

action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused

The defendants reply to the complaint, in which the defendant admits or denies the allegations, is known as

an answer

Both state and federal court systems have lower courts of ________ where disputes are first brought and tried

appellate jurisdiction

In a criminal trial, to be found guilty the standard is guilt

beyond a reasonable doubt

T/F The basis for the US legal system is the natural law school

false

A crime that might grant over a year in prison is

felony

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari

A major advantages of the use of precedent in law for business is that they will

have reasonable expectations about the enforcement of agreements

Under the exclusionary rule,

improperly gathered evidence may not be used at trial

TO Cody, the written law of a particular society at a particular time is most significant. Cody is a

legal realist

The least formal method of alternative dispute resolution is:

negotiation

Cases come to the court of appeals when

one of the parties to the litigation is not satisfied with a federal district courts decision

Posing as Platinum Bank, Oswald emails Nadia, asking her to update her personal banking information through a link in the email. She clicks on the link and types the data, which Oswald promptly sells to Moe. This is:

phishing

Which is the correct order of stages for a typical lawsuit

pleadings, discovery pretrial, trial, appeals

When judges use decisions from past legal cases for guidance in the issue, this is called

precedence

The process of obtaining information about the dispute is known as:

pretrial informing

What is necessary to obtain a warrant

probable cause

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called

stare decisis

A law enacted by a legislative body

statutory law

The first pleading is commonly called

the complaint

A counterclaim is

the defendants claim against the plaintiff

An advantage of using an arbitrator is

the matter is resolved more quickly than in most court trials

The first thing a business with a civil dispute going to litigation must determine is

which court has the power and authority to decide the case