QUESTIONS AND CORRECT ANSWERS
Question:
1. Procedural Law
Answer:
Governs the processes by which the law is enforced, such as court procedures, rules of evidence, and the
steps in a lawsuit (filing complaints, service of process, discovery, etc.).
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2. Substantive Law
Answer:
Defines legal rights and obligations (e.g., contracts, torts, and property law).
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3. Monetary Damages
Answer:
Financial compensation for harm or loss. Includes compensatory damages (restore plaintiff's position) and
punitive damages (punish defendant).
Question:
4. Equity
Answer:
Remedies other than money, such as injunctions or specific performance (compelling someone to fulfill a
contract).
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5. General Jurisdiction
Answer:
Authority over a broad range of cases.
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6. Original Jurisdiction
Answer:
Hear original proceedings (jury makes decision based on witnesses).
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7. Subject Matter Jurisdiction
Answer:
Authority over specific case types (e.g., bankruptcy, family law).
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8. Special/Limited Jurisdiction
Answer:
State can only handle cases involving less than $10,000.
,Question:
9. Complaint
Answer:
Plaintiff files a claim to start the case.
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10. Service of Process
Answer:
Defendant is notified of the lawsuit.
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11. Defendant's Response
Answer:
Answer, motion to dismiss, counter claim (damages on plaintiff), pleading.
Question:
12. Discovery
Answer:
Deposition, impeach (if deposition not consistent with trial), interrogatories, request documents.
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13. Motion for Summary Judgment
Answer:
If case has no facts, using deposition the court can decide case as a matter of law.
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14. Trial
Answer:
Jury selection, opening statements, present evidence (plaintiff direct and cross, redirect exam attorney asks
witness again, recross exam) could have motion for directed verdict when no defense to recover.
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15. Post-Trial
Answer:
May involve appeals, execution of judgment, or garnishment, and recovery costs.
Question:
16. Arbitration
Answer:
Binding decision by a neutral arbitrator.
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17. Mediation
Answer:
Non-binding facilitation of settlement by a mediator.
,Question:
18. Positive Law
Answer:
Aligns with enacted laws; if legal, then moral.
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19. Natural Law
Answer:
Holds individuals to universal ethical standards beyond the law.
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20. Kant's Categorical Imperative
Answer:
Can't use someone to get one-sided benefits.
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21. Social Contract Theory
Answer:
Universal standards result in fairness.
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22. Rights Theory
Answer:
Everyone has rights and government should protect them.
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23. Ethical Egoism
Answer:
Prioritizes actions benefiting oneself.
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24. Utilitarianism
Answer:
Seeks the greatest good for the greatest number.
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25. Moral Relativism
Answer:
Ethical behavior depends on the situation.
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26. Blanchard and Peale Test
Answer:
Ask, 'Is it legal? Is it balanced? How does it make me feel?' (look into positive law).
, Question:
27. Front-Page Test
Answer:
Would you be comfortable if your actions were publicized?
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28. Laura Nash Model
Answer:
Encourages examining actions from multiple perspectives, defining the problem helps eliminate next time.
Question:
29. Price Fixing
Answer:
Competitors agree to set prices instead of competing independently.
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30. Monopolization
Answer:
Every contract in the form of trust, conspiracy, restraint of trade is illegal; guilty of a felony if doing so.
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31. Mergers Among Competitors
Answer:
No corporation should acquire the whole or any part of assets of another company.
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32. Price Discrimination
Answer:
When a seller charges different prices to different buyers for like grade and quality that results in reduced
competition.
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33. Exclusive Dealings
Answer:
There must be enough interbrand competition to justify exclusive dealings.
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34. Mergers along Supply Chain
Answer:
Can't merge if it forces foreclosure or lessens competition.
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35. Resale Price
Answer:
Helps control prices retailers charge for goods.