1
Legal Terminology 7th Edition Complete Solution
Manual | Comprehensive Answers & Detailed
Explanations
SUMMARISED EXAM COVERAGE
• Court System: Trial = hears cases; Appellate = reviews errors; Supreme Court = highest court.
• Jurisdiction = court’s authority; Venue = proper location.
• Stare Decisis = following legal precedent.
• Parties: Plaintiff = brings case; Defendant = sued/accused; Appellant = appeals; Respondent = answers
appeal.
• Trial: Opening → Evidence → Arguments → Verdict → Judgment → Appeal.
• Discovery = exchange of case information/evidence; Summons = notice to respond; Complaint = starts
lawsuit.
• Contract: Offer + Acceptance + Consideration.
• Statute of Frauds = certain contracts must be written.
• Parol Evidence Rule = limits prior/outside evidence changing a final written contract.
• Proof: Civil = preponderance of evidence; Criminal = beyond reasonable doubt.
• Funeral Contracts: Statement of Goods & Services, Cremation Authorization, Pre-Need Agreement,
Embalming Authorization.
• Estate: Testate = with will; Intestate = without will; Executor/Administrator = manages estate.
• Evidence: Testimonial, Documentary, Real, Direct, Circumstantial.
• Leading Question = suggests the answer.
• Directed Verdict = challenges insufficient evidence.
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• Rebuttal Evidence = responds to opposing evidence.
• Question of Law = legal issue; Question of Fact = factual issue.
• Appeal = reviews legal errors; Certiorari = Supreme Court review.
• Specialized Courts: Probate, Juvenile, Domestic Relations.
• Federal Jurisdiction: Long-Arm Statutes and Diversity Jurisdiction.
EXAMINATION QUESTIONS
1. An FDNY permit is required for aerosol products in excess of which weight threshold?
A. 50 pounds
B. 75 pounds
C. 100 pounds
D. 200 pounds
Correct Answer: C. 100 pounds
Rationale: A Certificate of Fitness (A-49) is required for any location with 100 pounds (1,600
ounces) or more of aerosols in any number or type of containers. This threshold triggers the need
for both a permit and a Certificate of Fitness holder to supervise the storage, handling, and use
of these products.
2. Which party makes the opening statement first during a jury trial?
A. The defendant
B. The plaintiff
C. The judge
D. The jury foreperson
Correct Answer: B. The plaintiff
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Rationale: The plaintiff's opening statement occurs first in a jury trial, followed by the
defendant's opening statement after the plaintiff rests their case. This sequence allows the
plaintiff to present their theory of the case initially.
3. What is the doctrine that requires courts to follow established precedent in similar cases
called?
A. Jurisdiction
B. Venue
C. Stare decisis
D. Habeas corpus
Correct Answer: C. Stare decisis
Rationale: Stare decisis is the doctrine meaning "stand by the decision," which requires courts to
follow established precedent in similar cases. This principle provides consistency and
predictability in the legal system.
4. A court decision that determines the decision of a subsequent similar case is known as
what?
A. Statute
B. Ordinance
C. Judicial precedent
D. Administrative regulation
Correct Answer: C. Judicial precedent
Rationale: Judicial precedent refers to a court decision that determines the decision of a
subsequent similar case. This forms the foundation of the common law system where prior
decisions guide future rulings.
5. What is the legal power or authority of a court to hear a case called?
, 4
A. Venue
B. Jurisdiction
C. Precedent
D. Standing
Correct Answer: B. Jurisdiction
Rationale: Jurisdiction is the legal power or authority of a court to hear a case. Without proper
jurisdiction, a court cannot exercise its judicial authority over the parties or subject matter.
6. In which court is the original case heard for the first time?
A. Appellate court
B. Trial court
C. Supreme court
D. Special federal court
Correct Answer: B. Trial court
Rationale: The trial court hears the original case and is where evidence is presented, witnesses
testify, and the initial determination of facts occurs. This is the court of first instance in the
judicial process.
7. What is the location where a case is tried called?
A. Jurisdiction
B. Precedent
C. Venue
D. Forum
Correct Answer: C. Venue
Rationale: Venue refers to the location where a case is tried, typically the geographical area
where the court has authority. Venue determines which specific court within a jurisdiction will
hear the case.
Legal Terminology 7th Edition Complete Solution
Manual | Comprehensive Answers & Detailed
Explanations
SUMMARISED EXAM COVERAGE
• Court System: Trial = hears cases; Appellate = reviews errors; Supreme Court = highest court.
• Jurisdiction = court’s authority; Venue = proper location.
• Stare Decisis = following legal precedent.
• Parties: Plaintiff = brings case; Defendant = sued/accused; Appellant = appeals; Respondent = answers
appeal.
• Trial: Opening → Evidence → Arguments → Verdict → Judgment → Appeal.
• Discovery = exchange of case information/evidence; Summons = notice to respond; Complaint = starts
lawsuit.
• Contract: Offer + Acceptance + Consideration.
• Statute of Frauds = certain contracts must be written.
• Parol Evidence Rule = limits prior/outside evidence changing a final written contract.
• Proof: Civil = preponderance of evidence; Criminal = beyond reasonable doubt.
• Funeral Contracts: Statement of Goods & Services, Cremation Authorization, Pre-Need Agreement,
Embalming Authorization.
• Estate: Testate = with will; Intestate = without will; Executor/Administrator = manages estate.
• Evidence: Testimonial, Documentary, Real, Direct, Circumstantial.
• Leading Question = suggests the answer.
• Directed Verdict = challenges insufficient evidence.
,2
• Rebuttal Evidence = responds to opposing evidence.
• Question of Law = legal issue; Question of Fact = factual issue.
• Appeal = reviews legal errors; Certiorari = Supreme Court review.
• Specialized Courts: Probate, Juvenile, Domestic Relations.
• Federal Jurisdiction: Long-Arm Statutes and Diversity Jurisdiction.
EXAMINATION QUESTIONS
1. An FDNY permit is required for aerosol products in excess of which weight threshold?
A. 50 pounds
B. 75 pounds
C. 100 pounds
D. 200 pounds
Correct Answer: C. 100 pounds
Rationale: A Certificate of Fitness (A-49) is required for any location with 100 pounds (1,600
ounces) or more of aerosols in any number or type of containers. This threshold triggers the need
for both a permit and a Certificate of Fitness holder to supervise the storage, handling, and use
of these products.
2. Which party makes the opening statement first during a jury trial?
A. The defendant
B. The plaintiff
C. The judge
D. The jury foreperson
Correct Answer: B. The plaintiff
,3
Rationale: The plaintiff's opening statement occurs first in a jury trial, followed by the
defendant's opening statement after the plaintiff rests their case. This sequence allows the
plaintiff to present their theory of the case initially.
3. What is the doctrine that requires courts to follow established precedent in similar cases
called?
A. Jurisdiction
B. Venue
C. Stare decisis
D. Habeas corpus
Correct Answer: C. Stare decisis
Rationale: Stare decisis is the doctrine meaning "stand by the decision," which requires courts to
follow established precedent in similar cases. This principle provides consistency and
predictability in the legal system.
4. A court decision that determines the decision of a subsequent similar case is known as
what?
A. Statute
B. Ordinance
C. Judicial precedent
D. Administrative regulation
Correct Answer: C. Judicial precedent
Rationale: Judicial precedent refers to a court decision that determines the decision of a
subsequent similar case. This forms the foundation of the common law system where prior
decisions guide future rulings.
5. What is the legal power or authority of a court to hear a case called?
, 4
A. Venue
B. Jurisdiction
C. Precedent
D. Standing
Correct Answer: B. Jurisdiction
Rationale: Jurisdiction is the legal power or authority of a court to hear a case. Without proper
jurisdiction, a court cannot exercise its judicial authority over the parties or subject matter.
6. In which court is the original case heard for the first time?
A. Appellate court
B. Trial court
C. Supreme court
D. Special federal court
Correct Answer: B. Trial court
Rationale: The trial court hears the original case and is where evidence is presented, witnesses
testify, and the initial determination of facts occurs. This is the court of first instance in the
judicial process.
7. What is the location where a case is tried called?
A. Jurisdiction
B. Precedent
C. Venue
D. Forum
Correct Answer: C. Venue
Rationale: Venue refers to the location where a case is tried, typically the geographical area
where the court has authority. Venue determines which specific court within a jurisdiction will
hear the case.
