BULW 3300

Legal Realist School

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

Which branch of government has the authority to enact law?

legislative

The federal and most state judicial branches have at least these three levels in the court system:

trial court, intermediate appellate court, and highest appellate court.

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

voir dire

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?

The methods of enforcing the rights established by substantive law.

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.

Mediation and Negotiation

What does venue refer to?

geographic location of the court

What are two types of challenges an attorney can make during voir dire?

Challenge for cause and Peremptory challenges

In the United States, who creates federal statutory law?

Congress.

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.

bound volumes of reported court decisions, organized by jurisdiction, date, and courts and online legal research engines such as Lexis, Westlaw, or Bloomberg

State statutory law is created by:

elected members of the state legislature.

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:

may create new precedent.

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision.

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.

Cal. Penal Code § 11164(a) (West 2020) and Ark. Code Ann. § 6-17-2401 (2020)

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports.

The principle of stare decisis does which of the following?

creates predictability in the legal system

An arbitrator is different than a mediator because an arbitrator:

has the authority to make a binding award.

Under the common law, which of the following is true?

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.

Patent/trademark/copyright cases, bankruptcies

A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.

When the party's property at issue in the case exists within the geographic boundaries of the authority of the court or When a party brings a case in its court

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

arbitration.

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

pleading

How a hearing or court case is conducted is governed by:

procedural law.

Substantive law governs a person's:

rights and responsibilities.

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

summary judgment.

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

Which of the following lists the steps of a trial in the correct chronological order from beginning to end?

Jury selection, opening statements, plaintiff's case, defendant's case

What are the three steps of a civil trial? Choose 3 answers.

Opening and closing arguments and presentation of testimony and evidence

Natural Law

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.