Civil Procedure I
Body of law that governs the methods and practices used in civil litigation - Answer-
civil procedure
principles: rights and obligations encompassed within the body of law governing the
behavior of individuals - Answer- substantive law
Sources of Substantive Law - Answer- common law and UCC
How to make use of the legal system: The mechanics of the legal process; legal
method for carrying out the suit; process for which the substantive law is determined
or made effective - Answer- Procedural law
Where can the legal rules governing civil procedure and practice be found? -
Answer- Federal Courts =
1. Federal Rules of Civil Procedure
2. Title 28 of the US Code
3. U.S. Constitution
State Courts = Own rules of procedure
Hierarchy of authority refers to the organizational power structure of the courts --
amount of authority increases with each higher level -- ultimate power resides with
the ? - Answer- person or organization at the top of the hierarchy
Divides final authority to set enforce law between 50 states and federal government -
Answer- US Constitution
Decision of a court has precedent value only within the ? - Answer- court's territorial
jurisdiction
Decision of federal court of appeals bind the? - Answer- courts within the court's
jurisdiction
Supremacy Clause - Answer- all laws made furthering the Constitution and all
treaties made under the authority of the United States are the "supreme law of the
land."
Pre-emption law - Answer- federal law preempts state law when the federal and
state laws conflict
United States is a _______: governing authority is divided between central federal
government and the 50 individual states - Answer- Federal system
What amendment defines federalism? What is the intent of the amendment? -
Answer- 10th amendment
, Confirm the understanding to people that powers not granted to the United States
were reserved to the States or to the people
specific powers vested to congress under the U.S. Constitution - Answer-
enumerated powers
Example: Power to tax and to spend money raised by taxes, to provide for the
nation's defense and general welfare, to regulate interstate and foreign commerce -
Answer- examples of enumerated powers
division of governmental authority into three branches of government -- legislative,
executive, and judicial each with specified duties on which the other branches cannot
encroach - Answer- separation of powers
"to make all laws which shall be necessary and proper for carrying into Execution the
foregoing [enumerated] powers and all other Powers vested by this Constitution . . ."
- Answer- necessary and proper clause
Which article of the constitution establishes the judicial branch of the national
government? - Answer- Article III
According to Section 1 of Article III creates federal courts of the United States and
the Federal court must have? - Answer- one supreme court
Under Article III, Congress is given what power - Answer- to create and remove
lower courts
What is the due process clauses? - Answer- 1. 5th Amendment: is applicable to the
federal government and provides that no one shall be "deprived of life, liberty, or
property without due process of law"
2. 14th Amendment: uses the same 11 words to describe a legal obligation of all
states
"full faith and credit shall be given in each State to the public Acts, Records, and
judicial proceedings of every other State. And the Congress may be general Law
prescribe the Manner in which such Acts, Records and Proceedings shall be proved,
and the Effect thereof." - Answer- Full faith and credit clause
Right to a jury trial in federal court - Answer- The seventh amendment preserves the
right to jury in civil action at law -- does not apply to the states which have their own
rules
In the States, how are court systems organized and what is their hierarchy of
authority? - Answer- 1. State supreme court
2. intermediate appellate court
3. trial court
In the federal court system, how are court systems organized and what is their
hierarchy of authority? - Answer- 1. United States Supreme Court
Body of law that governs the methods and practices used in civil litigation - Answer-
civil procedure
principles: rights and obligations encompassed within the body of law governing the
behavior of individuals - Answer- substantive law
Sources of Substantive Law - Answer- common law and UCC
How to make use of the legal system: The mechanics of the legal process; legal
method for carrying out the suit; process for which the substantive law is determined
or made effective - Answer- Procedural law
Where can the legal rules governing civil procedure and practice be found? -
Answer- Federal Courts =
1. Federal Rules of Civil Procedure
2. Title 28 of the US Code
3. U.S. Constitution
State Courts = Own rules of procedure
Hierarchy of authority refers to the organizational power structure of the courts --
amount of authority increases with each higher level -- ultimate power resides with
the ? - Answer- person or organization at the top of the hierarchy
Divides final authority to set enforce law between 50 states and federal government -
Answer- US Constitution
Decision of a court has precedent value only within the ? - Answer- court's territorial
jurisdiction
Decision of federal court of appeals bind the? - Answer- courts within the court's
jurisdiction
Supremacy Clause - Answer- all laws made furthering the Constitution and all
treaties made under the authority of the United States are the "supreme law of the
land."
Pre-emption law - Answer- federal law preempts state law when the federal and
state laws conflict
United States is a _______: governing authority is divided between central federal
government and the 50 individual states - Answer- Federal system
What amendment defines federalism? What is the intent of the amendment? -
Answer- 10th amendment
, Confirm the understanding to people that powers not granted to the United States
were reserved to the States or to the people
specific powers vested to congress under the U.S. Constitution - Answer-
enumerated powers
Example: Power to tax and to spend money raised by taxes, to provide for the
nation's defense and general welfare, to regulate interstate and foreign commerce -
Answer- examples of enumerated powers
division of governmental authority into three branches of government -- legislative,
executive, and judicial each with specified duties on which the other branches cannot
encroach - Answer- separation of powers
"to make all laws which shall be necessary and proper for carrying into Execution the
foregoing [enumerated] powers and all other Powers vested by this Constitution . . ."
- Answer- necessary and proper clause
Which article of the constitution establishes the judicial branch of the national
government? - Answer- Article III
According to Section 1 of Article III creates federal courts of the United States and
the Federal court must have? - Answer- one supreme court
Under Article III, Congress is given what power - Answer- to create and remove
lower courts
What is the due process clauses? - Answer- 1. 5th Amendment: is applicable to the
federal government and provides that no one shall be "deprived of life, liberty, or
property without due process of law"
2. 14th Amendment: uses the same 11 words to describe a legal obligation of all
states
"full faith and credit shall be given in each State to the public Acts, Records, and
judicial proceedings of every other State. And the Congress may be general Law
prescribe the Manner in which such Acts, Records and Proceedings shall be proved,
and the Effect thereof." - Answer- Full faith and credit clause
Right to a jury trial in federal court - Answer- The seventh amendment preserves the
right to jury in civil action at law -- does not apply to the states which have their own
rules
In the States, how are court systems organized and what is their hierarchy of
authority? - Answer- 1. State supreme court
2. intermediate appellate court
3. trial court
In the federal court system, how are court systems organized and what is their
hierarchy of authority? - Answer- 1. United States Supreme Court
