BUL 3130 - TEST 1 - DR. ELZWEIG QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

BUL 3130 - TEST 1 - DR. ELZWEIG QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 constitutional, administrative, statutory, and case law - Answers 4 sources of law in the United States Constitutional Law - Answers -Law that sets forth the fundamental rights of the people living within the U.S. or a given state -Describes & empowers the various branches of government -Sets forth limitations on that power Statutory Law - Answers -Law enacted by the U.S. Congress or the legislature of a given state -Also includes ordinances of a City -Many of these laws are Uniform Codes adopted in the same form by all states Administrative Law - Answers -Law that contains rules, regulations, orders, and decisions created by government agencies -Creation of Agencies (Enabling legislation) -Rulemaking promulgated by federal, state, and local regulatory agencies. Published weekly in Federal Register and Florida Administrative Code -Investigation & Enforcement -Adjudication -Oversight Case Law (Common Law) - Answers -Body of judicial decisions that interpret and enforce the different laws and rule on disputes between different parties -Precedent ("Stare Decisis") - the authority afforded to a prior judicial decision in deciding subsequent disputes involving the same or similar facts -Recognize the presidential value of prior judicial decisions, which provide binding authority in subsequent disputes -Doctrine of "stare decisis" -Found in the U.S., the U.K., and most of the former colonies or possessions -SYSTEM OF DECIDING CASES THAT ORIGINATED IN ENGLAND. BASED ON DECISIONS MADE BY JUDGES THAT FORM A PART OF LAW Stare Decisis - Answers -Let the decision stand; decisions are based on precedents from previous cases -Judges can rule contrary to precedent if the precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable Law - Answers A body of enforceable rules governing relationships abound individuals and between individuals and their government/society as a whole Courts of Law - Answers Courts that were empowered only to award wronged parties monetary compensation for injuries or other losses Courts of Equity - Answers Courts that were empowered to award any manner of non-monetary relief, such as ordering a person to do something or to cease doing something Law & Equity - Answers Merger of Courts in U.S. legal system Substantive Law - Answers Law that creates, defines, describes, and regulates legal rights and obligations Procedural Law - Answers Law that establishes the methods of enforcing the rights established by substantive law Civil Law - Answers Law that deals with defining and enforcing the obligations of DIFFERENT PERSONS TO ONE ANOTHER Criminal Law - Answers Law that deals with defining and enforcing the obligations of PERSONS TO SOCIETY AS A WHOLE Cyberlaw - Answers The emerging body of law that governs transactions conducted via the internet (not really a classification of law or a new type of law) Judicial Review - Answers -The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch -Established by the U.S. Supreme Court in Marbury v. Madison (1803) where Chief Justice Marshall wrote: "It is emphatically the province and duty of the judiciary to say what the law is..." Judicial Requirements - Jurisdiction - Answers -The authority of a court to hear and decide a specific action -Juris = "law" + "diction" = "to speak" -The "JUDICIAL POWER" or authority to act Personal Jurisdiction (in personal) - Answers -Jurisdiction primarily based on geography -Courts have personal jurisdiction over persons residing and/or doing business within a particular county, district, or state -LONG-ARM STATUTES: nonresidents of a state, subject to courts in other state, based on "minimum contacts" -"Where" is a business on the internet located? -"Sliding Scale Test:" Substantial business conducted within the state, Some interactivity, Passive advertising Subject Matter Jurisdiction - Answers -Jurisdiction that gives authority to the court to hear and decide the particular dispute before it -A court's subject matter jurisdiction is usually defined in the statute or constitution creating the court -Limits to a trial court's subject matter jurisdiction: the amount in controversy, the subject of the lawsuit, Whether the crime alleged is a misdemeanor or felony -Concurrent Jurisdiction: When one or more federal court and one or more state court have subject matter jurisdiction over the same dispute Federal question jurisdiction and Diversity jurisdiction - Answers Federal district courts have two types of subject matter jurisdiction Federal Question Jurisdiction - Answers Jurisdiction that arises if a case involves an alleged violation of the U.S. Constitution, federal statute or regulation, or a treaty Diversity Jurisdiction - Answers Jurisdiction with the amount in controversy exceeding $75,000, and the lawsuit is between citizens of different states or citizens of a state and citizens of a foreign country Exclusive Federal Jurisdiction - Answers Cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the United States, some areas of admiralty law, and certain other matters specified in federal statutes Concurrent Jurisdiction - Answers Cases involving federal questions and diversity-of-citizenship cases Exclusive State Jurisdiction - Answers Cases involving all matters not subject to federal jurisdiction District Courts - Courts of Appeals - Supreme Courts (lowest to highest) - Answers Structure of Federal Courts and Most State Court Systems Original Jurisdiction - Answers -The authority of a court to hear and decide a dispute in the FIRST INSTANCE -Generally speaking, trial courts are courts of this jurisdiction, although the Supreme Court of the U.S. has original jurisdiction over a few types of disputes Appellate Jurisdiction - Answers -The authority of a court to REVIEW A PRIOR decision in the same case made by another court -The decision is binding on that court and any court below it -Appellate courts DO NOT: have a witness stand, have a jury box, hear any new testimony, admit any new evidence -The party that loses before an intermediate appellate court may appeal that court's ruling to the jurisdiction's Supreme Court or its equivalent (However, Supreme Court review is optional by the supreme) Supreme Court Review - Answers Discretionary Review (Writ of Certiorari); Rule of Four; Petitions Granted; Usually: Important Constitutional Question, Conflict with other state or federal decisions 1) County Courts (Courts of Limited Jurisdiction) - Misdemeanors, Small Claims (under $500), Civil (under $15,000), Traffic 2) Circuit Courts (Courts of General Jurisdiction/Courts of Appeal) - Felonies, Family Law Matters, Civil Cases (over $15,000), Probate/Guardianship/Mental Health, Juvenile Dependency & Delinquency, Appeals from County Court 3) District Courts of Appeal (Intermediate Courts of Appeal/Courts of Last Resort) - All materials not directly appealable to the Supreme Court 4) Supreme Court (Court of Last Resort) - Constitutional questions, Capital Case, Bond validations, Public Utility Cases, Express validity of statutes, Construction of Florida or US constitutions, Decisions affecting a class of constitutional statutory officers, Certified questions - Answers Florida Court System (lowest to highest) Venue - Answers Within a particular jurisdiction, the most appropriate LOCATION for a trial to be held and from which a JURY will be selected Standing (standing to sue) - Answers An individual must have a legal and tangible stake in the controversy Justiciable Controversy (standing to sue) - Answers The controversy must be actual (the courts will not decide a hypothetical situation) adversarial system of justice - Answers The system followed by American and English court systems pro-se - Answers Each client is represented by an attorney although a client is allowed to represent herself, which is called a -- -- Pretrial - Answers Process of consulting an attorney, generally the first step, types of attorneys' fees (hourly vs. contingent fee), settlement considerations Pleadings - Answers First stage of a Lawsuit: -Written documents that inform each of the parties of one another's claims and defenses and specify the issues involved in the lawsuit Plaintiff's Complaint or Petition - Answers Sets forth the claims asserted by the -- -the party seeking affirmative relief Plaintiff serves Defendant with complaint and summons; Default judgement for plaintiff is Defendant does NOT answer - Answers Service of Process for Pleadings -Usually by sheriff or private process server. Copy of complaint and summons personally delivered. -Corporate defendants served via REGISTERED AGENT. If defendant is out-of-state, court can acquire jurisdiction by "long-arm" statutes -Waiver of Service - Answers Method of Service for Pleadings Defendant - Answers In a pleading, -- answers the plaintiffs complaint/petition by responding to the claims set forth, asserts affirmative defenses, asserts counterclaims Motion to Dismiss - Answers Action in a pleading that allows either party (normally defendant) can ask the court to dismiss the case if the pleadings fail to show a legal claim Complaint and Answer - Answers Two basic pleadings in a case Counterclaims - Answers A claim for relief filed against an opposing party after the original claim is filed (most commonly a claim by the defendant against the plaintiff) Affirmative Defenses - Answers Defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts Summons - Answers An order to appear before a judge or magistrate, or the writ containing it Discovery - Answers Second Stage of a Lawsuit: The Process of obtaining factual info from the opposing party or parties by means of written responses to interrogatories and requests for admission, requests for production of documents, and depositions Requests for Production - Answers In the Discovery stage of a Lawsuit, written requests for documents relevant to the lawsuit (materials can be both hard copy and electronic compilations) Requests for Admissions - Answers In the Discovery stage of a Lawsuit, questions phrased in an "admit" or "deny" format, giving no opportunity for explanation, and binding the responding party to its admissions Interrogatories - Answers In the Discovery stage of a Lawsuit, written questions related to the subject matter of the lawsuit which much be answered under oath Depositions - Answers In the Discovery stage of a Lawsuit, testimony, under oath, recorded by a court reporter and often by videotape taken prior to trial Motion for Summary Judgment - Answers Third stage of a Lawsuit: A motion requesting the court to enter judgment, based on the pleadings and discovery to date -Granted only if there are no material fact issues in dispute or "questions of fact" Trial - Answers Fourth stage of a Lawsuit: May be with or without a jury 1) Bench trial 2) Jury trial - Answers Two types of trials: 1) the trial judge decides all questions of fact and questions of law 2) the trial judge decides all questions of law, but the jury decides all questions of fact Jury Selection - "Voir Dire" - Answers In the Trial stage of a Lawsuit: The process in which attorneys question prospective jurors to determine whether they are biased or have any connection with a party or the action or with a prospective witness Opening Statements - Answers In the Trial Stage of a Lawsuit: The plaintiff gets to begin, The Defendant may proceed next or wait until prior to the Defendant's case Plaintiff's Case Presentation - Answers In the Trial Stage of a Lawsuit: -Plaintiff gets to begin its case first -Plaintiff conducts direct examination of each witness -Defendant may cross examine each witness -Plaintiff "rests" Defendant's Case Presentation - Answers In the Trial Stage of a Lawsuit: -Defendant calls its first witness after completion of the plaintiff's case -Defendant conducts direct examination of each witness -Plaintiff may cross examine each witness -Defense "rests" Motion for Directed Verdict - Answers In a jury trial, a motion for the judge to take the decision out of the jury's hands and directs a verdict for the moving party because the other party has failed to provide sufficient evidence to prevail on its claims Closing Arguments - Answers In the Trail Stage of a Lawsuit: -Plaintiff has right to open and close -Equal time allotted each party Verdict by the Jury (if a jury trial) - Answers In the Trial Stage of a Lawsuit: -The verdict specifies the jury's findings and liability -Jury can award money damages in a civil case, or prison in criminal case -Jury is dismissed after verdict Judgment - Answers In the Trial Stage of a Lawsuit: -In a jury trial, the judge will grant judgment based upon the jury's verdict -In the absence of a jury, the judge simply grants the judgment on its own Post-trial motions - Answers after jury reaches a verdict, either party can make a --- -- Motion for new trial - Answers after looking at all the evidence, judge will grant the motion IF the jury was in error Judgment Notwithstanding the Verdict - Answers In the post-trial motions stage of a lawsuit: -known as a ("JNOV" for Judgment non obstante verdict) -a motion for the court to enter judgment contradictory to the jury's verdict -based on "reasonable minds could NOT differ" concept Appeal - Answers Asks an appellate court with jurisdiction over the trial court to review and set-aside the trial court's judgment 1) transcript 2) brief outline - Answers In the Appeal Stage of a Lawsuit: What is filed with the appellate court? 1) A -- of pleadings, motions, hearings, and trial before the trial court 2) A -- -- of the legal arguments supporting the appellant's request to set aside the judgment 1) Affirm 2) Reverse; Remand 3) Reverse; Render - Answers In the Appeal Stage of a Lawsuit: Possible Appellate Rulings: 1) -- the trial court's judgment 2) -- the trial court's judgment based on "reversible error" and -- the case for further proceedings in the trial court