AAERT CER Exam: Questions & A+ Solutions (100%)
Subject matter and territorial jurisdiction Correct Ans - Two types of
jurisdiction all courts have
Federal question Correct Ans - Cases handled by the state courts may
be shifted at some point into the federal system if there is a _____ involved.
-State courts
-Federal courts
-The United States Supreme Court Correct Ans - Our federated system
includes three types of courts:
general jurisdiction Correct Ans - Certain higher state courts, called
superior, district, or circuit courts, possess __ . This means they can hear all
those cases which lower courts cannot hear.
venue Correct Ans - The territorial jurisdiction of county and
municipal courts is their __.
justice of the peace Correct Ans - Some states have yet another
threshold level, the __ , entrusted with simple act such as marriages.
The Supreme Court Correct Ans - __ , as the highest tribunal, not only is
the final interpreter of the Constitution.
judicial review Correct Ans - The Supreme Court has authority to
invalidate (strike down) acts of Congress (or even state laws, in certain
circumstances), a power not explicitly stated in the Constitution, but first
claimed by the Court in 1803 called __ .
writ of certiorari Correct Ans - When the Supreme Court agrees to
consider an appeal, it issues a __ to whatever lower court last ruled in the case.
Basically, the Supreme Court demands the record of a particular case from the
lower court.
res judicata Correct Ans - If the Supreme Court refuses to hear a case,
the very last ruling made in the matter stands as the final result. Then the
,principle of __ ("a decided thing") applies in its ultimate form: the ladder has
run out of rungs.
stare decisis Correct Ans - The Supreme Court is usually not inclined
to reverse its prior rulings, adhering to the doctrine of __ (let the decision
stand).
Plessy v. Ferguson and Brown v. Board of Education Correct Ans - As
society changes over time, however, the Court may find a different ruling is
more appropriate than what went before. A classic example is __ (1896),
which established the "separate but equal" doctrine in civil rights matters, but
was reversed in 1954 (__ ), when a unanimous Court ordered an end to racial
segregation "with all deliberate speed."
federal district courts Correct Ans - The lowest tier of the federal
judiciary is distributed among the states: the __ ____ ___.
writs of mandamus Correct Ans - Although the federal district courts
are on the lowest rung of their ladder, they exercise formidable authority:
they have, for example, the power to issue __ to compel an official or agency to
perform a specific duty.
injunctions Correct Ans - Federal district courts can also forbid certain
acts from being performed, whether temporarily or permanently, by issuing __
.
statutory law Correct Ans - Type of law where one can point to a
positive statement by the law-making branch of government which either
prescribes an action (Thou shalt...) or proscribes it (Thou shalt not...).
United States Code Correct Ans - Federal statutes are contained in the
__ __ _ , abbreviated U.S.C.
Common law Correct Ans - __ __ is a body of principles which are
authoritative ancient and customary. However, the phrase is often viewed as
encompassing all law common to everyone, as opposed to special or local
rules and regulations.
,Pecuniary Damages Correct Ans - __ (money)damages (such as lost
wages or repair of damaged property).
Punitive damages Correct Ans - __ damages an award of extra money
to the plaintiff, designed to punish the tortfeasor.
doctrines Correct Ans - Major principles of law are often called "__ "
res ipsa loquitur Correct Ans - At other times very little or no evidence
is required. This is summed up in the doctrine of __ ("the thing speaks for
itself").
nonsuit Correct Ans - He sued, but lost his case at trial (it was declared
a __ , or a legal action which cannot continue due to lack of adequate showing
or adequate evidence.
Prima facie Correct Ans - __ (at first appearance)
Code of Federal Regulations Correct Ans - Federal agency regulations
are found in the __ , abbreviated C.F.R.
Equity Correct Ans - __ cases are where someone has not met a legal
standard through no fault of their own. (For example, the deadline passed
because the person was in a coma.)
black letter law Correct Ans - __ __ __ (the literal statements found in
the statutes). An example is the United States Tax Court, which must enforce
all elements of the Internal Revenue Code, no matter how unreasonable or
unfair the result may be to a particular taxpayer.
F.2d, F.3d Correct Ans - Published decisions, or officially recognized
volumes of printed and bound case law, grouped geographically.
precedents Correct Ans - When lawyers make specific references to
prior case law, they are citing __ .
dicta / dictum Correct Ans - When an opinion includes extraneous
comments by way of illustration or explanation, these __ , however amusing,
memorable, or even enlightening, cannot be cited as precedents.
, benchmark or landmark decisions Correct Ans - Significant rulings are
often called __ or __ __ . These may affect large numbers of people, they may
change long-cherished legal principles, or they may even establish completely
new legal standards.
Shepardizing Correct Ans - Checking to see whether a prior opinion is
still valid or has been changed by a subsequent ruling is often called __ .
cause of action Correct Ans - If you take someone to court, you
obviously feel wronged. You believe you have a valid __ of __ .
complaint and pleadings Correct Ans - As the plaintiff, you file a __ ,
which sets out your allegation of some wrongdoing ("This is what he did") and
requests Specific relief ("And this is what I want done about it") request.
These are your __ .
docket number Correct Ans - The case is assigned a __ __ which places
it on the court's calendar of scheduled matters.
class action Correct Ans - Any aggrieved party (or even a group of
people, if they share sufficient common interest in the outcome of a cause — a
"__ __ "), may seek redress by filing a civil lawsuit.
the state Correct Ans - In criminal cases, __ __ , representing the people,
is always the prosecuting complainant, and the person accused of a crime is
always the defendant.
errata Correct Ans - Deponents may later read their transcribed
depositions, note any substantive errors (__ ) they find, and sign the
deposition.
affidavits Correct Ans - Sworn __ may be obtained from those having
pertinent information.
declarations Correct Ans - Individuals may be asked to make unsworn
statements outlining what they know about a matter. There are also __ , which
are statements made by individuals who have some personal interest in the
outcome of the case, not merely knowledge of relevant facts.
Subject matter and territorial jurisdiction Correct Ans - Two types of
jurisdiction all courts have
Federal question Correct Ans - Cases handled by the state courts may
be shifted at some point into the federal system if there is a _____ involved.
-State courts
-Federal courts
-The United States Supreme Court Correct Ans - Our federated system
includes three types of courts:
general jurisdiction Correct Ans - Certain higher state courts, called
superior, district, or circuit courts, possess __ . This means they can hear all
those cases which lower courts cannot hear.
venue Correct Ans - The territorial jurisdiction of county and
municipal courts is their __.
justice of the peace Correct Ans - Some states have yet another
threshold level, the __ , entrusted with simple act such as marriages.
The Supreme Court Correct Ans - __ , as the highest tribunal, not only is
the final interpreter of the Constitution.
judicial review Correct Ans - The Supreme Court has authority to
invalidate (strike down) acts of Congress (or even state laws, in certain
circumstances), a power not explicitly stated in the Constitution, but first
claimed by the Court in 1803 called __ .
writ of certiorari Correct Ans - When the Supreme Court agrees to
consider an appeal, it issues a __ to whatever lower court last ruled in the case.
Basically, the Supreme Court demands the record of a particular case from the
lower court.
res judicata Correct Ans - If the Supreme Court refuses to hear a case,
the very last ruling made in the matter stands as the final result. Then the
,principle of __ ("a decided thing") applies in its ultimate form: the ladder has
run out of rungs.
stare decisis Correct Ans - The Supreme Court is usually not inclined
to reverse its prior rulings, adhering to the doctrine of __ (let the decision
stand).
Plessy v. Ferguson and Brown v. Board of Education Correct Ans - As
society changes over time, however, the Court may find a different ruling is
more appropriate than what went before. A classic example is __ (1896),
which established the "separate but equal" doctrine in civil rights matters, but
was reversed in 1954 (__ ), when a unanimous Court ordered an end to racial
segregation "with all deliberate speed."
federal district courts Correct Ans - The lowest tier of the federal
judiciary is distributed among the states: the __ ____ ___.
writs of mandamus Correct Ans - Although the federal district courts
are on the lowest rung of their ladder, they exercise formidable authority:
they have, for example, the power to issue __ to compel an official or agency to
perform a specific duty.
injunctions Correct Ans - Federal district courts can also forbid certain
acts from being performed, whether temporarily or permanently, by issuing __
.
statutory law Correct Ans - Type of law where one can point to a
positive statement by the law-making branch of government which either
prescribes an action (Thou shalt...) or proscribes it (Thou shalt not...).
United States Code Correct Ans - Federal statutes are contained in the
__ __ _ , abbreviated U.S.C.
Common law Correct Ans - __ __ is a body of principles which are
authoritative ancient and customary. However, the phrase is often viewed as
encompassing all law common to everyone, as opposed to special or local
rules and regulations.
,Pecuniary Damages Correct Ans - __ (money)damages (such as lost
wages or repair of damaged property).
Punitive damages Correct Ans - __ damages an award of extra money
to the plaintiff, designed to punish the tortfeasor.
doctrines Correct Ans - Major principles of law are often called "__ "
res ipsa loquitur Correct Ans - At other times very little or no evidence
is required. This is summed up in the doctrine of __ ("the thing speaks for
itself").
nonsuit Correct Ans - He sued, but lost his case at trial (it was declared
a __ , or a legal action which cannot continue due to lack of adequate showing
or adequate evidence.
Prima facie Correct Ans - __ (at first appearance)
Code of Federal Regulations Correct Ans - Federal agency regulations
are found in the __ , abbreviated C.F.R.
Equity Correct Ans - __ cases are where someone has not met a legal
standard through no fault of their own. (For example, the deadline passed
because the person was in a coma.)
black letter law Correct Ans - __ __ __ (the literal statements found in
the statutes). An example is the United States Tax Court, which must enforce
all elements of the Internal Revenue Code, no matter how unreasonable or
unfair the result may be to a particular taxpayer.
F.2d, F.3d Correct Ans - Published decisions, or officially recognized
volumes of printed and bound case law, grouped geographically.
precedents Correct Ans - When lawyers make specific references to
prior case law, they are citing __ .
dicta / dictum Correct Ans - When an opinion includes extraneous
comments by way of illustration or explanation, these __ , however amusing,
memorable, or even enlightening, cannot be cited as precedents.
, benchmark or landmark decisions Correct Ans - Significant rulings are
often called __ or __ __ . These may affect large numbers of people, they may
change long-cherished legal principles, or they may even establish completely
new legal standards.
Shepardizing Correct Ans - Checking to see whether a prior opinion is
still valid or has been changed by a subsequent ruling is often called __ .
cause of action Correct Ans - If you take someone to court, you
obviously feel wronged. You believe you have a valid __ of __ .
complaint and pleadings Correct Ans - As the plaintiff, you file a __ ,
which sets out your allegation of some wrongdoing ("This is what he did") and
requests Specific relief ("And this is what I want done about it") request.
These are your __ .
docket number Correct Ans - The case is assigned a __ __ which places
it on the court's calendar of scheduled matters.
class action Correct Ans - Any aggrieved party (or even a group of
people, if they share sufficient common interest in the outcome of a cause — a
"__ __ "), may seek redress by filing a civil lawsuit.
the state Correct Ans - In criminal cases, __ __ , representing the people,
is always the prosecuting complainant, and the person accused of a crime is
always the defendant.
errata Correct Ans - Deponents may later read their transcribed
depositions, note any substantive errors (__ ) they find, and sign the
deposition.
affidavits Correct Ans - Sworn __ may be obtained from those having
pertinent information.
declarations Correct Ans - Individuals may be asked to make unsworn
statements outlining what they know about a matter. There are also __ , which
are statements made by individuals who have some personal interest in the
outcome of the case, not merely knowledge of relevant facts.
