chapter 1

writ of certiorari

A Supreme Court order, issued after the Court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case alternative dispute resolution (ADR) The resolution of legal problems through methods other than litigation.

negotiation

A bargaining process in which disputing parties interact informally to attempt to resolve their dispute.

Which of the following is involved with an agency is referred to as a "captured" agency?

A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency.

order

A binding decision rendered by a judge.

counterclaim

A claim made by the defendant against the plaintiff that is filed along with the defendant's answer.

due process clause

A clause in the Fifth Amendment of the U.S. Constitution providing that the government cannot deprive an individual of life, liberty, or property without a fair and just hearing.

takings clause

A clause in the Fifth Amendment of the U.S. Constitution requiring that when government uses its power to take private property for public use, it must pay the owner just compensation, or fair market value, for the property.

free-exercise clause

A clause in the First Amendment of the U.S. Constitution which states that government (state and federal) cannot make a law "prohibiting the free exercise" of religion. This clause is interpreted to include absolute freedom to believe and freedom to act that may face state restriction.

equal protection clause

A clause in the Fourteenth Amendment of the U.S. Constitution that prevents states from denying "the equal protection of the laws" to any citizen. This clause implies that all citizens are created equal.

binding arbitration clause

A contract provision mandating that all disputes arising under the contract must be settled by arbitration.

mock trial

A contrived or imitation trial, with a jury recruited by a jury selection firm, that attorneys sometimes use in preparing for an actual trial to test theories, experiment with arguments, and try to predict the outcome of the real trial.

Adult siblings, John, Sam, and Andy, are in a disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?

A court in Georgia would have in rem jurisdiction over the dispute.

Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damage to Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for a farm in Alabama. Which of the following is true?

A court in Illinois can exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go to Paul for his trouble.

trial court

A court in which most civil or criminal cases start when they first enter the legal system. The parties present evidence and call witnesses to testify. Trial courts are referred to as courts of common pleas or county courts in state court systems and as district courts in the federal system. Also called court of original jurisdiction and court of first instance.

search warrant

A court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

interrogatories

A formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case. The questions must be answered in writing under oath or under penalty of perjury within a specified time. Also called requests for further information.

complaint

A formal written document that begins a civil lawsuit; contains the plaintiff's list of allegations against the defendant, along with the damages the plaintiff seeks.

policy statement

A general statement about the directions in which an agency intends to proceed with respect to its rule-making or enforcement activities; has no binding impact on anyone.

appellate court

A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court (either a trial court or a lower- level appellate court) when a losing party files for an appeal. Appellate courts do not hold trials but may request additional oral and written arguments from each party; they issue written decisions, which collectively constitute case law or the common law. Also called court of appellate jurisdiction

administrative law judge (ALJ)

A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.

summons

A legal document issued by a court and addressed to a defendant that notifies him or her of the lawsuit and how and when to respond to the complaint. A summons may be used in both civil and criminal proceedings.

deposition

A pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present.

federal preemption

A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter.

question of fact

A question about an event or characteristic in a case

ethical dilemma

A question about how one should behave that requires one to reflect on the advantages and disadvantages of the optional choices for various stakeholders.

motion to dismiss

A request by the defendant that asks a judge or a court in a civil case to dismiss the case because even if all the allegations are true, the plaintiff is not entitled to any legal relief. Also called demurrer.

reply

A response by the plaintiff to the defendant's counterclaim.

dormant commerce clause

A restriction on states' authority that is implied in the commerce clause of the U.S. Constitution: The power given to Congress to enact legislation that affects interstate commerce in effect prohibits a state from passing legislation that improperly burdens interstate commerce.

interpretive rule

A rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law, including the actions a party is to take to be in compliance with the law.

natural law

A school of jurisprudence that recognizes the existence of higher law, or law that is morally superior to human laws.

historical school

A school of jurisprudence that uses traditions as the model for future laws and behavior. Also called tradition or custom.

legal positivism

A school of jurisprudence which holds that because society requires authority, a legal and authoritarian hierarchy should exist. When a law is made, therefore, obedience is expected because authority created it.

legal realism

A school of jurisprudence which holds that context must be considered as well as law. Context includes factors such as economic conditions and social conditions.

identification with the vulnerable

A school of jurisprudence which holds that society should be fair. Particular attention is therefore paid to the poor, the ill, and the elderly.

ethical guideline

A simple tool that helps determine whether an action is moral.

intermediate

A standard of review under which a law must be necessary to achieve a substantial, or important, government interest and it must be narrowly tailored to that interest.

When the organization in charge of proposing uniform laws proposes a statute, which of the following is true?

A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.

consent order

A statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.

long-arm statute

A statute that enables a court to obtain jurisdiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business in the state.

enabling legislation

A statute that specifies the name, functions, and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience, and necessity

Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?

A subpeona

Which of the following is an order issued by an agency to appear at a particular time and place and bring specific documents?

A subpoena ducestecum

Federalism

A system of government in which power is divided between a central authority and constituent political

case or controversy

A term used in the U.S. Constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution. A case or controversy requires an actual dispute between parties over their legal rights that remains in conflict at the time the case is presented and that is a proper matter for judicial determination. Also referred to as justifiable controversy.

precedent

A tool used by judges to make rulings on cases on the basis of key similarities to previous cases.

Which of the following is true regarding treaties at the federal level?

A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the House of Representatives.

arbitration

A type of alternative dispute resolution in which disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties.

minitrial

A type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if the case went to trial. This decision is not binding.

med-arb

A type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful, to move on to arbitration.

mediation

A type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.

quasi in rem jurisdiction

A type of jurisdiction exercised by a court over an out-of-state defendant's property that is within the jurisdictional boundaries of the court. It applies to personal suits against the defendant in which the property is not the source of the conflict but is sought as compensation by the plaintiff. Also called attachment jurisdiction.

informal rule making

A type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule. Also called notice-and-comment rule making.

reg-neg

A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency

hybrid rule making

A type of rule making that combines features of formal and informal rule making; consists of publication in the Federal Register, a written-comment period, and an informal public hearing with restricted cross-examination.

formal rule making

A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.

brief

A written legal argument, which a party presents to a court, that explains why that party to the case should prevail.

Supremacy Clause

Article VI, Paragraph 2, of the U.S. Constitution, which states that the Constitution and all laws and treaties of the United States constitute the supreme law of the land. Thus, any state or local law that directly conflicts with the U.S. Constitution or federal laws or treaties is void

Which of the following are told of discovery?

Both interrogatories and depositions, but not summary motions.

Which of the following is needed for diversity-of-citizenship?

Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000

For purposes of diversity-of-citizenship, where does a corporation reside?

Both the state in which the corporation has its principal place of business and the state of incorporation

Which of the following cases is referenced in the text as a use of stare decisis as binding precedent, in that it abolished discriminatory policies for individuals of different racial backgrounds?

Brown v. Board of Education

Which of the following are activities in which agencies may be involved?

Conducting research, issuing permits, and managing property

Which of the following has the power to create a federal agency?

Congress

Which of the following has the power to dissolve a federal agency?

Congress

Parties in a dispute before an administrative law judge may reach a settlement via a _____.

Consent order

Laws are enforced by which of the following?

Courts

Assume the Securities and Exchange Commission prosecutes someone for insider trading. That prosecution is an example of ____ law.

Criminal

Which of the following applies to situations in which someone commits an act against the public as a unit?

Criminal law

Federal administrative agencies are created by congress through passage of _____ legislation, which is a statute that specifies the name, functions, and specific powers of the administrative agency.

Enabling

Which of the following is not a purpose of the law as set forth in the text?

Encouraging taxation

Agencies are classified as either ______ or _______.

Executive; independent

A decision from a state supreme court in some state is binding on a trial court judge in another state if the other state has no applicable law on the issue involved.

False

A party only has a limited number of challenges for cause in jury selection.

False

A person must be a lawyer in order to serve as an arbitrator.

False

Administrative agencies are located at the federal level only.

False

Administrative law consists of procedural, but not substantive, rules.

False

Because of the law, we rely on the goodwill and dependability of one another.

False

Business law consists of the suggested rules of conduct that govern commercial relationships

False

Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations.

False

Courts are generally critical and unsupportive of ADR methods.

False

Early neutral case evaluation provides a binding ruling by a neutral.

False

Ethical conversation is primarily about finding the one and only right thing to do.

False

If a statute is drafted in a manner that is ambiguous with the respect to the type of agency rule making that is required, a court will interpret the rule as requiring formal rule making.

False

In rem jurisdiction references jurisdiction over a person subject to an order or guardianship.

False

Intermediate courts of appeal exist in all states.

False

Many market transactions occur without legal guidelines.

False

On average, the US Supreme Court hears 300 cases a year.

False

Only now party may appeal from a final judgement.

False

The Government in Sunshine Act requires that federal agencies publish in the Federal Register places where the public can get information from the agency.

False

The Small Business Administration is an example of an executive agency.

False

The social responsibility of business if formed by expectations employees have of employers.

False

The term "stare decisis" means "reversing the decision."

False

There is no right of appeal from a decision of an administrative law judge.

False

Under federal statutory law Internet transactions cannot be on the basis for a finding of in personam jurisdiction.

False

Under our system of justice, courts may issue advisory opinions.

False

Freedom of Information Act (FOIA)

Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information (e.g., on national security) is excluded.

Administrative Procedures Act (APA )

Federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies.

Which of the following are the most common types of rule making done by agencies?

Formal and informal

Which of the following is a type of rule making done by agencies?

Formal, informal, and hybrid

virtue ethics

Good person, does the right thing

Amber says at a trial that Gwen told her that she saw Ton run the traffic light and hit Christy's car. On what basis is Amber's testimony objectionable.

Hearsay

Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?

Hybrid

Candy wants to start and internet business. She is told by the chinese government that certain items on her site are objectionable and illegal, and if she wants to do business in China, she must remove the objectionable material. Which of the following is true?

If Candy wants to do business in China, she must abide by the Chinese law.

motion for summary judgment

In a civil case, a request made by either party that asks a judge or a court to promptly and expeditiously dispose of a case without a trial. Any evidence or information that would be admissible at trial under the rules of evidence, such as affidavits, interrogatories, depositions, and admissions, may be considered on a motion for summary judgment. A court may hold oral arguments or decide the motion on the basis of the parties' briefs and supporting documentation alone.

motion for judgment on the pleadings

In a civil case, a request made by either party, after pleadings have been entered, that asks a judge or a court to issue a judgment.

peremptory challenge

In a jury trial, the right of the plaintiff and the defendant in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias.

request to produce documents

In a lawsuit, the right of a party to examine and copy papers of the opposing party that are relevant to the case. A legal request may be made and the categories of the documents must be stated to allow the other party to know what documents he or she must produce.

Which of the following is true regarding state and federal court jurisdiction?

In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Which of the following is false regarding the Freedom of Information Act?

Information regarding the agency's personnel records may be obtained under the act

Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?

Interpretative

Which of the following are written questions that one party sends to another to answer under oath.

Interrogatories

To which of the following does the Freedom of Information act not apply?

It does not apply to Congress, the federal courts, or to the executive staff of the White House

Which of the following is an advantage of mediation??

It helps disputing parties preserve their relationships, and also parties to mediation have a high level of autonomy.

According to the United Nations as discussed in the text, which of the following is true regarding e-government, meaning the delivery of government services through digital information technologies, including the Internet?

It is important because it reduces the cost of government while improving the quality of services and citizen access.

Which of the following is accurate regarding the speed and cost of ADR?

It is usually faster and cheaper

A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as _______.

Law

public law

Law that involves suits between private individuals or groups and their government.

private law

Law that involves suits between private individuals or groups.

Which of the following are rules of an agency that are policy expressions having the effect of law?

Legislative

What types of powers do administrative agencies have?

Legislative, judicial, executive

Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called _____.

Long-arm statutes

Which of the following is a type of ADR?

Mediation

Which of the following is an extension of negotiation?

Mediation

Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial for $1,000. The lawsuit is now _____.

Moot

The court may properly grant a _____ if after reviewing the pleadings, the judge determines that the only reasonable decision is in a favor of the moving party.

Motion for summary judgment

The group that urges states to enact model laws to provide greater uniformity of law is called the _____.

National Conference of Commissioners on Uniform State Laws

Which of the following most accurately sets forth ways into which law may be divided and classified?

National versus international, federal versus state, and public versus and private.

The concept of _____ suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong.

Natural law

Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?

No, because you have no standing.

Which of the following is true regarding state courts of appeal?

Not all states have intermediate courts of appeal; and in those states, appeals go to the state court of last resort.

establishment clause

One of two provisions in the First Amendment of the U.S. Constitution that protect citizens' freedom of religion. It prohibits (1) the establishment of a national religion by Congress and (2) the preference of one religion over another or of religion over nonreligious philosophies in general.

Which of the following references rules of cities and countries that govern matters not covered by federal or state law?

Ordinances

Jurisdiction

Over subject matter is a legal issue; depends which state court is suited to hear

Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule making or enforcement activities?

Policy statements

Which of the following is a limit on agency power?

Political, statutory, and informational

values

Positive abstractions that capture our sense of what is good and desirable.

The term _____ involves the use of past decisions to guide future decisions.

Precedent

Assume a businessperson who owns a computer equipment story is delinquent in paying rent to the landlord. The resulting dispute entails _____ law.

Private

Which of the following involves disputes between private individuals or groups?

Private law

Assume a restaurant chains is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of law is this?

Private law and civil law

Which of the following are rules regarding the internal operations of an agency?

Procedural

Which of the following a a type of rule that an agency may enact?

Procedural, interpretive, and legislative

If a computer store dumps waste behind a building in violation of local, state or federal environmental regulations, the resulting dispute focuses on _____ law.

Public

Which of the following involved disputes between private individuals or groups and their government?

Public law

Which of the following do appellate courts primarily handle?

Questions of law

substantial evidence

Refers to evidence that a reasonable mind could accept as adequate to support a conclusion. It is defined as "more than a scintilla but less than preponderance" and consists of "such relevant evidence as a reasonable person would accept as adequate to support a conclusion."

Under which of the following does each concerned interest group and the agency send representatives to bargaining sessions led by a mediator with any agreement forwarded to the agency?

Reg-neg

Which of the following are summaries of common law rules in a particular area of the law that have been enacted by most states?

Restatements of the Law

Which of the following are exemptions from rule making that allow an agency to decide whether public participation will be allowed?

Rule making proceedings with: regard to military or foreign affairs, to agency management or personal, public property of an agency, contracts of an agency

law

Rules of conduct in any organized society that are enforced by the governing authority of the community.

A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called ____.

Service of process.

Which of the following are stakeholders of a business?

Shareholders, Employees, Customers, and Management

Executive agencies tend to focus on _____ regulation whereas independent agencies are more focused on _____ regulation.

Social; economic

Which of the following is true regarding federal jurisdiction?

Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.

commercial speech

Speech made by businesses about commercial matters, such as the sale of goods and services. It is protected by the First Amendment

political speech

Speech that is used to support political candidates or referenda. It is given a high level of protection by the First Amendment as compared to other types of speech.

Legislative acts passed by state legislatures can be found in _____.

State codes

Penny is investigating what she needs to do to legally open a dog grooming business in her city. Which of the following would govern the business?

State statutes, and city ordinances but not model laws

When courts rely on precedent, they are obeying _____.

Statedecisis

Case law can be revoked by new ______.

Statutes

The rules and regulations put forth by legislatures are referred to as _____ law.

Statutory

In order to be upheld in court, an agency's fact finding must be supported by which of the following?

Substantial evidence

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?

Take Billy's deposition.

The "public disclosure" test for ethical behavior is sometimes referred to at the _____ test.

Television

Which of the following is an act passed by Congress and serves as a major limitation on how federal agencies are run?

The Administrative Procedures Act

Which of the following prepares restatements?

The American Law Institute

Which of the following is a federal independent agency?

The Consumer Product Safety Commission

Which of the following is a federal executive agency?

The Federal Deposit Insurance Corporation

The idea that we should interact with other people in a matter consistent to the manner in which we would like them to interact with us is called _____.

The Golden Rule

Which of the following was the first federal administrative agency created?

The Interstate Commerce Commission

Legislative acts passed by the U.S. Congress can be found in ____.

The U.S. Code

Which of the following is false regarding executive agencies at the federal level?

The administrative head of an executive agency is appointed by the president with the advice and consent of the U.S. House of Representatives?

Which of the following are reasons that an arbitration award may be set aside under the Federal Arbitration Act?

The arbitrator failed to make a final and definite award, the award was the basis of fraud, or the arbitrator displayed bias

statutory law

The assortment of rules and regulations put forth by legislatures.

civil law

The body of laws that govern the rights and responsibilities either between persons or between persons and their government.

criminal law

The body of laws that involve the rights and responsibilities an individual has with respect to the public as a whole.

Which of the following is typically an appropriate venue in a lawsuit?

The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.

business ethics

The use of ethics and ethical principles to solve business dilemmas.

A court must have several types of jurisdiction to decide any particular case.

True

A decision of the supreme court is binding on a lower court located in the state.

True

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

True

A person who has the legal right to bring an action in court has standing.

True

A reply is an answer to a counterclaim.

True

An arbitrator is more likely to issue a compromise decision than a judge.

True

Another name for case law is common law.

True

Case law interpretations are law unless they are revoked later by new statutory law.

True

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

True

Crimes are prosecuted by the government, not individuals.

True

If an appellate judge agrees with the majority's decision but for different reasons, the judge may write a concurring opinion.

True

In some cases, the US Supreme Court functions as a trial court.

True

Med-arb is a type of ADR method.

True

Once a case in is the proper court system, venue determines which trial court in the system will hear the case.

True

Peremptory challenges in jury selection may not be racially based.

True

Presidents claim the power to issue executive orders on the basis of their Article II, Section 1, constitutional power to "take care that laws be faithfully executed."

True

Prior to the passage of the Administrative Procedures Act, agencies could decide on their own how to make rules, conduct investigations, and hold hearings and trials.

True

Public law involves disputes between private individuals or groups and their government.

True

State courts have the power to hear all cases not within the executive jurisdiction of the federal court system.

True

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

True

The defendant responds to a complaint with an answer.

True

The primary type of rule making used by administrative agencies is informal rule making.

True

The term ADR refers to the resolution of legal disputes through methods other than litigation.

True

There is no right to a jury in administrative agency disputes.

True

Under the Privacy Act a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent.

True

The _____ is the supreme law of the land.

U.S. Constitution

What are the trial courts in the federal court system called?

U.S. district courts

The _____ is a significant body of law to business activities including sales, banking, and warranty.

Uniform Commercial Code

The _____ for ethical behavior seeks consideration of what the world would be like if a decision is copied by everyone else

Universalization test

In which of the following cases did the U.S. Supreme Court rely on precedent to strike down a school's admissions policy that reserved lots for members of minority races?

University of California v. Bakke

Positive abstractions that capture our sense of what is good or desirable are ____.

Values

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, which country in which to proceed. Which of the following address the proper county?

Venue

Which of the following is a question of fact?

Whether a vehicle ran a traffic light

golden rule

do the right thing; what would Jesus do

quash

end a lawsuit

Libertarianism

freedom/rights

Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would then have leanings in the direction of ____.

legal positivism

WPH approach

to ethical decision making - A set of ethical guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view its morality.

consequentialist theory

utilitarianism - greatest good, greatest number

minimum contacts

what relationship each party has in the other state

Which of the following is positive about arbitration?

Arbitration is less expensive generally than litigation.

Ethics

The study and practice of decisions about what is good or right.

How many days, if any, does congress have in which to review proposed agency rules?

60

Assuming there are no vacancies, how many U.S. Supreme Court justices are there?

9

shadow jury

An unofficial jury, provided by a jury selection firm, that sits in during the actual trial and deliberates at the end of each day to evaluate for the attorneys how each side is doing.

administrative agency

Any government body created by the legislative branch (e.g., Congress, a state legislature, or a city council) to carry out specific duties.

stare decisis

"Standing by the decision"; a principle stating that rulings made in higher courts are binding precedent for lower courts.

venue

(1) The place where a hearing takes place. Its geographic location is determined by each state's statutes and based on where the parties live or where the event occurred or the alleged wrong was committed. (2) A legal doctrine relating to the selection of a court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution of the dispute.

How many circuits does the U.S. Courts of Appeal have?

12

In informal rule making, the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register?

30

The arbitrator typically provides a decision within _____ days of an arbitration hearing.

30

What do the initials ALJ represent in the administrative law arena?

Administrative Law Judge

Which of the following is true regarding administrative agencies?

Administrative agencies exist at the federal, state, and local level.

Which of the following consists of the substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

Adminsitrative law

Over which of the following does the federal court system have exclusive jurisdiction?

Admiralty cases, bankruptcy cases, and federal criminal prosecutions

A defendant uses an _____ when her or his answer admits that the facts contained int he complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Affirmative defense

When is an arbitrator's decision called and "award"?

Always

private trial

An ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.`

summary jury trial

An abbreviated trial that leads to a non-binding jury verdict.

Which of the following is generally defined as any body created by the legislative branch to carry out specific duties?

An administrative agency

hybrid agency

An agency that has characteristics of both executive and independent agencies.

executive agency

An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the president with the advice and consent of the Senate.

independent agency

An agency that is typically not located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the Senate.

affirm

An appellate court decision that accepts a lower court's judgment in a case that has been appealed.

modify

An appellate court decision that grants an alternative remedy in a case; rendered when the court finds that the decision of the lower court was correct but the remedy was not.

reverse

An appellate court decision that overturns the judgment of a lower court, concluding that the lower court was incorrect and its verdict cannot be allowed to stand.

remand

An appellate court decision that returns a case to the trial court for a new trial or for limited hearing on a specified subject matter; rendered when the court decides that an error was committed that may have affected the outcome of a case.

motion

An application by a party to a judge or a court in a civil case requesting an order in favor of the applicant.

cost-benefit analysis

An economic school of jurisprudence in which all costs and benefits of a law are given monetary values. Laws with the highest ratios of benefits to costs are then preferable to those with lower ratios.

prejudicial error

An error of law that is so significant that it affects the outcome of the case.

pretrial conference

An informal meeting of the judge with the attorneys representing the parties before the actual trial begins.

question of law

An issue concerning the interpretation or application of a law

subpoena duces tecum

An order to appear and bring specified documents.

subpoena

An order to appear at a particular time and place and provide testimony.

Executive agencies are referred to as which of the following?

Cabinet-level agencies

The _____ requirement ensures that courts do not render advisory opinions.

Case or controversy

Which type of law involves the rights and responsibilities involved in relationships between persons, and between persons and their government?

Civil

Which of the following involves remedies available to an individuals when his or her rights has been violated?

Civil law

commerce clause

Clause 3 of Article I, Section 8, of the U.S. Constitution, which authorizes Congress to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

privileges and immunities clause

Clause in the U.S. Constitution requiring that a state grant citizens of other states the same legal benefits that it grants its own citizens.

Which of the following is a term used to refer to laws that are contained in one convenient location?

Codes

Restatements of the Law Summaries

Common law rules in a particular area of the law. Restatements do not carry the weight of law but can be used to guide interpretations of particular cases.

Which of the following is true regarding decisions of a federal administrative law judge that are appealed into the federal court system?

Decisions of the administrative law judge are usually upheld.

A ____ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Default judgment

At a _____ attorneys examine a witness under oats with a court reporter present.

Deposition

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance claiming that the neighbor plays music to late night. Candy puts Ann on the stand and asks her questions. Candy is involved in which of the following?

Direct examination

contract clause

The clause in the U.S. Constitution that prohibits the government from unreasonably interfering with an existing contract.

full faith and credit clause

The clause of the U.S. Constitution (Article IV, Section 1) mandating that each state must recognize, respect, and enforce the public records, legislative acts, and judicial decisions of the other states.

case law

The collection of legal interpretations made by judges. They are considered to be law unless otherwise revoked by a statutory law. Also known as common law.

administrative law

The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.

Which of the following is false regarding federal independent agencies?

The commissioners may be removed in the discretion of the president.

Which of the following was the result of Yan Ju Wang v. George Valverde, the case in the text in which the plaintiff sued for a mandate compelling that the Department of Motor Vehicles set aside its revocation of plaintiff's noncommercial driver's license based on her allegedly cheating on an exam for a commercial driver's license?

The court ruled that the agency lacked statutory authority to revoke the noncommercial license

Which of the following was the result in Alexis Perez v John Ashcroft, the case in the text in which the plaintiff claimed that without formal rule making as required by law, the Immigration and Naturalization Service wrongfully imposed a rule requiring that applicants for visa to work in a professional capacity inn a religious vocation have formal religious training?

The court struck the rule on the basis that all substantive rules adopted by an agency creating law must be implemented through formal rule-making procedures.

Assume an issue is decided by a state supreme court. On which cases is that decision binding?

The decision being appealed from and future cases in the state but not the past cases.

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

The defendant has a right to remove the case to federal court

business law

The enforceable rules of conduct that govern the actions of buyers and sellers in market exchanges

universalization test

The ethical guideline that urges us to consider, before we do an action, what the world would be like if everyone acted in this way.

social responsibility of business

The expectations that a community places on the actions of firms inside that community's borders.

Interstate Commerce Commission (ICC

The first federal administrative agency; created to regulate the anti-competitive conduct of railroads.

constitutional law

The general limits and powers of a government as interpreted from its written constitution.

Federal Register

The government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule.

In which school of jurisprudence is the concept of staredecisis rooted?

The historical school

standing

The legal right of a party or an individual to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged (i.e., the plaintiff has to demonstrate that he or she is harmed or will be harmed). Otherwise, the court will dismiss the case, ruling that the plaintiff "lacks standing" to bring the suit.

rational-basis test

The lowest standard of review; requires that a law be designed to protect a legitimate state interest and be rationally related to that interest.

strict scrutiny

The most exacting standard of review used by the courts in determining the constitutionality of a statute; requires a compelling government interest and the least restrictive means of attaining that objective.

defendant

The person or party against whom a civil or criminal lawsuit is filed in a court of law.

plaintiff

The person or party who initiates a lawsuit (also known as an action) before a court by filing a complaint with the clerk of the court against the defendant(s). Also known as claimant or complainant.

in rem jurisdiction

The power of a court over the property or status of an out-of-state defendant when that property or status is within the court's juris-diction area.

subject-matter jurisdiction

The power of a court over the type of case presented to it.

in personam jurisdiction

The power of a court to require that a party (usually the defendant) or a witness come before the court. The court must have personal jurisdiction to enforce its judgments or orders against a party. In personam jurisdiction extends only to the state's borders in the state court system and across the court's geographic district in the federal system.

Judicial Review

The power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional.

discovery

The pretrial phase in a lawsuit during which each party requests relevant documents and other evidence from the other side in an attempt to "discover" pertinent facts and avoid any surprises in the courtroom during the trial. Discovery tools include requests for admissions, interrogatories, depositions, requests for inspection, and document production requests.

voir dire

The process of question-ing potential jurors to ensure that the jury will be made up of non-biased individuals.

ripeness

The readiness of a case for a decision to be made. The goal is to prevent premature litigation for a dispute that is insufficiently developed. A claim is not ripe for litigation if it rests on contingent future events that may not occur as anticipated or may not occur at all.

procedural due process

The requirement that a government must use fair procedures before depriving a person of his or her life, liberty, or property.

substantive due process

The requirement that laws depriving an individuals of life, liberty or property be fair and not arbitrary.

answer

The response of the defendant to the plaintiff's complaint.

Crimes committed under criminal laws are prosecuted by which of the following?

The state or federal government

Telogiccal theory

consider means used to achieve ends