LGS 200 Exam 1 Review Questions with
Verified Correct Answers
4 sources of American Law
Constitutional Law, Statutory Law, Case Law (common law), Administrative Law
supreme law of the land
Constitutional Law
branches of government
legislative, executive, judicial
stare decisis
latin for "let the decision stand"; adherence to precedence, once a ruling has come it sets the
precedence
what is law
rules that regulate conduct of individuals, businesses, and other organizations within society
ethics
set of moral principles or values that governs the conduct of an individual/group
utilitarianism
"the greatest happiness principle"; whatever creates the greatest good is the ethical way to go
- not necessarily the greatest good for the greatest number of people
whistleblower statue (US False Claims Act)
permits private parties to sue companies for fraud on behalf of the government and share any
monetary recovery
,jurisdiction
power a court has to hear a case
(how to get) federal jurisdiction
1. diversity of citizenship
2. amount must be over $75,000
in personam
personal jurisdiction exists over any plaintiff who files a lawsuit
in rem personan
jurisdiction over the property of the lawsuit within state borders
service of process
when you're suing somebody they have the right to know and must be served; a chance to tell
their side of the story
standing to sue
plaintiff must have a stake in the outcome of the case
the appeal
no new testimony can be given and no new evidence can be introduced
state court
limited jurisdiction trial courts (traffic court, juvenile court, family law court, etc.), general
jurisdiction court, intermediate appellate court, highest court = state supreme court
federal court
,special federal court (tax court, court of federal claims, bankruptcy court, etc.), US district
court, US courts of appeal, US Supreme Court
voir dire
question and answer during just selection, make sure there are no biases
methods of discovery
deposition, interrogatories, production of documents, physical/mental examination
mediation
parties choose a neutral third party representative to mediate them, then they reach a
settlement; mediator doesn't make a judgement or issue an award
arbitration
parties choose a neutral third party candidate to hear evidence and testimony to decide case;
can be binding or non-binding
the summons
a court order directing the defendant to appear in court and answer the complaint
default judgements occur how
they occur if the defendant ignored their summons (30 days for state court, 20 days for
federal court)
finder of fact
a judge when there is a bench trial and the judge is the "jury"
commerce clause
the federal government (congress) has the power to regulate interstate commerce
, substantive due process
requires law to be clear and not vague
procedural due process
requires the government to give proper hearing before depriving someone of life, liberty, and
happiness
5th amendment
no person should be deprived of life, liberty, or property without due process of law
4th amendment
protects you from illegal search and seizure
9th amendement
prohibits states from enacting laws discriminatory towards out of state people
fully protected speech
your opinion, right to burn the flag, right to criticize the president
limited protected speech
commercial speech, offensive speech
unprotected speech
dangerous words, fighting words, child porn, defamatory speech, speech incites to overthrow
the government
supremacy clause
the Constitution and treaties are supreme law of the land
Verified Correct Answers
4 sources of American Law
Constitutional Law, Statutory Law, Case Law (common law), Administrative Law
supreme law of the land
Constitutional Law
branches of government
legislative, executive, judicial
stare decisis
latin for "let the decision stand"; adherence to precedence, once a ruling has come it sets the
precedence
what is law
rules that regulate conduct of individuals, businesses, and other organizations within society
ethics
set of moral principles or values that governs the conduct of an individual/group
utilitarianism
"the greatest happiness principle"; whatever creates the greatest good is the ethical way to go
- not necessarily the greatest good for the greatest number of people
whistleblower statue (US False Claims Act)
permits private parties to sue companies for fraud on behalf of the government and share any
monetary recovery
,jurisdiction
power a court has to hear a case
(how to get) federal jurisdiction
1. diversity of citizenship
2. amount must be over $75,000
in personam
personal jurisdiction exists over any plaintiff who files a lawsuit
in rem personan
jurisdiction over the property of the lawsuit within state borders
service of process
when you're suing somebody they have the right to know and must be served; a chance to tell
their side of the story
standing to sue
plaintiff must have a stake in the outcome of the case
the appeal
no new testimony can be given and no new evidence can be introduced
state court
limited jurisdiction trial courts (traffic court, juvenile court, family law court, etc.), general
jurisdiction court, intermediate appellate court, highest court = state supreme court
federal court
,special federal court (tax court, court of federal claims, bankruptcy court, etc.), US district
court, US courts of appeal, US Supreme Court
voir dire
question and answer during just selection, make sure there are no biases
methods of discovery
deposition, interrogatories, production of documents, physical/mental examination
mediation
parties choose a neutral third party representative to mediate them, then they reach a
settlement; mediator doesn't make a judgement or issue an award
arbitration
parties choose a neutral third party candidate to hear evidence and testimony to decide case;
can be binding or non-binding
the summons
a court order directing the defendant to appear in court and answer the complaint
default judgements occur how
they occur if the defendant ignored their summons (30 days for state court, 20 days for
federal court)
finder of fact
a judge when there is a bench trial and the judge is the "jury"
commerce clause
the federal government (congress) has the power to regulate interstate commerce
, substantive due process
requires law to be clear and not vague
procedural due process
requires the government to give proper hearing before depriving someone of life, liberty, and
happiness
5th amendment
no person should be deprived of life, liberty, or property without due process of law
4th amendment
protects you from illegal search and seizure
9th amendement
prohibits states from enacting laws discriminatory towards out of state people
fully protected speech
your opinion, right to burn the flag, right to criticize the president
limited protected speech
commercial speech, offensive speech
unprotected speech
dangerous words, fighting words, child porn, defamatory speech, speech incites to overthrow
the government
supremacy clause
the Constitution and treaties are supreme law of the land
