David Reid Baylor University B Law
Exam 1 Review Questions with Correct
Answers
Subsantative Law - Answer-creates, defines and regulates legal rights and duties
Procedural law - Answer-sets fourth rules of enforcing those rights that are created by
subsantative law
Civil Law Burden of Proof - Answer-Preponderance of evidence
Criminal law Burden of Proof - Answer-Beyond a reasonable doubt
What does case law establish? - Answer-Legal Precedents
stare decisis - Answer-courts follow other courts previous decisions (precedents)
Restatements of Law - Answer-Summaries of common law rules in a particular area of
the law. Restatements do not carry the weight of law but can be used to guide
interpretations of particular cases.
Equity - Answer-fairness and justice
Statues - Answer-formal rule or law
Uniform Law - Answer-Statues that have been passed to promote uniformity. Ex: UCC
which covers the sale of goods
Administrative Law - Answer-The body of law created by administrative agencies (in the
form of rules, regulations, orders, and decisions) in order to carry out their duties and
responsibilities.
Inferior Trial Courts - Answer-JP courts, small claims court. Hear things such as traffic
cases and minor offenses
Trial courts - Answer-Hear more major offenses, very formal
Appellate Courts - Answer-Courts of appeal. review decision of trial courts but do not
change the facts
Supreme Court of the State - Answer-Also an appellate court but reviews decision of
lower appellate courts
, Exclusive Federal Jurisdiction - Answer-Federal crimes, bankruptcy, patent or
trademark, copyright, lawsuits against the US
Concurrent Jurisdicition - Answer-when both federal and state courts have authority to
hear the case
Federal Question - Answer-An issue covered by the U.S. Constitution, national laws, or
U.S. treaties. Can have concurrent Jurisdiciton. Protestors first amendment question
Diversity of Citizenship + amount over 75k - Answer-When citizens are citizens of
different states
Long Arm Statues - Answer-If someone does something in one state that affects
someone in another state the person can be held accountable in another state as long
as these standard are met
Defendant...
-committed tort in the other state
-owns property in that state
-has a contract within the state
-transacted business in the state
In rem jurisdiction - Answer-jurisdiction is based on claims against property
quasi in rem jurisdiction (attachment jurisdiction) - Answer-courts can seize peoples
property in their jurisdiction even if they don't live there
Venue - Answer-Refers to geographical location of where the case can be heard
Arbitration - Answer-binding decision by an independent arbitrator (judge)
Conciliation - Answer-Non-binding, third party tries to help parties settle dispute
Subject Matter Jurisdiction Questions - Answer--Exclusive Federal (list of 8)
-Concurrent Jurisdiction (Fed question, Diversity)
-Everything else is state court
Supplemental Jurisdiction - Answer-The power of the federal court to hear an issue
which would normally belong in state court, if that issue is incident to the adjudication of
a federal question.
What does the plaintiff file - Answer-Petition or complaint
what does the defendant file - Answer-Answer or reply
Directed verdict - Answer-judge decides case before jury
Exam 1 Review Questions with Correct
Answers
Subsantative Law - Answer-creates, defines and regulates legal rights and duties
Procedural law - Answer-sets fourth rules of enforcing those rights that are created by
subsantative law
Civil Law Burden of Proof - Answer-Preponderance of evidence
Criminal law Burden of Proof - Answer-Beyond a reasonable doubt
What does case law establish? - Answer-Legal Precedents
stare decisis - Answer-courts follow other courts previous decisions (precedents)
Restatements of Law - Answer-Summaries of common law rules in a particular area of
the law. Restatements do not carry the weight of law but can be used to guide
interpretations of particular cases.
Equity - Answer-fairness and justice
Statues - Answer-formal rule or law
Uniform Law - Answer-Statues that have been passed to promote uniformity. Ex: UCC
which covers the sale of goods
Administrative Law - Answer-The body of law created by administrative agencies (in the
form of rules, regulations, orders, and decisions) in order to carry out their duties and
responsibilities.
Inferior Trial Courts - Answer-JP courts, small claims court. Hear things such as traffic
cases and minor offenses
Trial courts - Answer-Hear more major offenses, very formal
Appellate Courts - Answer-Courts of appeal. review decision of trial courts but do not
change the facts
Supreme Court of the State - Answer-Also an appellate court but reviews decision of
lower appellate courts
, Exclusive Federal Jurisdiction - Answer-Federal crimes, bankruptcy, patent or
trademark, copyright, lawsuits against the US
Concurrent Jurisdicition - Answer-when both federal and state courts have authority to
hear the case
Federal Question - Answer-An issue covered by the U.S. Constitution, national laws, or
U.S. treaties. Can have concurrent Jurisdiciton. Protestors first amendment question
Diversity of Citizenship + amount over 75k - Answer-When citizens are citizens of
different states
Long Arm Statues - Answer-If someone does something in one state that affects
someone in another state the person can be held accountable in another state as long
as these standard are met
Defendant...
-committed tort in the other state
-owns property in that state
-has a contract within the state
-transacted business in the state
In rem jurisdiction - Answer-jurisdiction is based on claims against property
quasi in rem jurisdiction (attachment jurisdiction) - Answer-courts can seize peoples
property in their jurisdiction even if they don't live there
Venue - Answer-Refers to geographical location of where the case can be heard
Arbitration - Answer-binding decision by an independent arbitrator (judge)
Conciliation - Answer-Non-binding, third party tries to help parties settle dispute
Subject Matter Jurisdiction Questions - Answer--Exclusive Federal (list of 8)
-Concurrent Jurisdiction (Fed question, Diversity)
-Everything else is state court
Supplemental Jurisdiction - Answer-The power of the federal court to hear an issue
which would normally belong in state court, if that issue is incident to the adjudication of
a federal question.
What does the plaintiff file - Answer-Petition or complaint
what does the defendant file - Answer-Answer or reply
Directed verdict - Answer-judge decides case before jury
