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BLAW 3310 EXAM 1 QUESTIONS WITH 100% CORRECT ANSWERS..

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BLAW 3310 EXAM 1 QUESTIONS WITH 100% CORRECT ANSWERS

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Defendant


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the party who allegedly injured the plaintiff




Eminent Domain


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power of the government to take private property for public use for fair
compensation




Mistrial

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a trial that cannot stand in law because:
1) the court lacks jurisdiction
2) juror misconduct
3) disregard for some other procedural requirements




Judge Made Law


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the legal doctrines established by judicial precedents rather than by a
statute; judge interprets a law in such a way to create a new law (case law)




Hearsay


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an out-of-court statement offered to prove the truth of whatever it assert;
often inadmissible at trial




Strict Scrutiny


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a form of judicial review that courts use to determine the constitutionality
of certain laws. To pass strict scrutiny, the legislature must have passed the
law to further a "compelling government interest," and must have narrowly
tailored the law to achieve that interest. For a court to apply strict scrutiny,
the legislature must either have significant abridged a fundamental right

, with the law's enactment or have passed a law that involves a suspect
classification. Suspect classifications have come to include race, national
origin, religion, alienage, and poverty.




Remedies at Law


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usually monetary damages




In-rem Jurisdiction


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"the thing"; an action taken by the court against the property of the
defendant (tangible or intangible)




Jurisdiction


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"the power to speak of the law"; defines the limits within which it may
declare, administer, or apply the law




Mens Rea


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, "state of mind" of the actor




Civil District Courts


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at least $200 is disputed or claimed in damages




Negotiation


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voluntary discussion of the terms and conditions of a proposed agreement
or a form of alternative dispute resolution to resolve a dispute and avoid
litigation




Family Courts


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handles cases involving domestic issues (divorce, child custody, etc.)




Affirmative Defense


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