BLAW 3430 UNT Exam 1 With Complete Solutions.

What is Law? - Answer-Enforceable rules governing relationships among individuals and between individuals and their society Why do we have law? - Answer-To maintain social, political and economic stability, to protect property, preservation of the state Civil Law - Answer-Body of law governing civil or PRIVATE rights; preponderance of evidence (EX: Smith vs Jones) Criminal Law - Answer-The body of law defining offenses against the community at large or PUBLIC, beyond a reasonable doubt (EX: State vs Jones) Substantive Law - Answer-Creates, defines and regulates rights, duties and powers Procedural Law - Answer-Prescribes steps for having a right or duty enforced Right - Answer-A legally enforceable claim that another will do or will not do a given act Duty - Answer-A legal obligation that is owed or due to another and that needs to be satisfied Remedy - Answer-Means of enforcing a right or preventing a wrong Liability - Answer-The legal responsibility to another or to society Natural Law - Answer-Comes from God and religious beliefs Positive Law - Answer-Governmental laws: Judicial, Legislative and Administrative lawDoctrine of Stare Decisis - Answer-"To stand by decisions" Jurisdiction - Answer-"The power to speak law" In Personam Jurisdiction - Answer-Jurisdiction over the persons (Plaintiff vs Defendant) In Rem Jurisdiction - Answer-Jurisdiction over particular PROPERTY that is subject of suit Quasi in rem - Answer-Jurisdiction over property of Defendant to satisfy judgement Venue - Answer-Specifies where suit may/must be brought Statutes of Limitation - Answer-Specifies period after a claim arises during which a plaintiff can file suit, objective is to prevent assertion of stale claims Texas statutes of limitation - Answer-1 year: Malicious prosecution, libel, slander, or breach of promise of marriage 2 years: Most torts, including wrongful death 4 years: Breach of contract, fraud Civil Litigation Process: Pleadings Phase - Answer-Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas) , Service of process (Summons: Federal, Citation: Texas) , Defendant answers People vs Farrell - Answer-Violation of Miranda rights Civil Litigation Process: Pretrial Phase - Answer-Disclosures, Depositions, Interrogatories, Requests for Production, Requests for Admission Civil Litigation Process: Trial Phase - Answer-Jury, Bench, Jury SelectionOpening statement, testimony, plaintiff rests, motion for directed verdict, Defendant's case, closing arguments Civil Litigation Process: Appellate Phase - Answer-Appeals court determines whether trial court committed error Alternative Dispute Resolution - Answer-Ways to resolve disputes without resorting to litigation. FORMS: Negotiation, Mediation, Arbitration