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Exam (elaborations)

| LATEST EXAM UPDATES| 2024/25 |LEGL 2700 Test 1 (chp. 1, 3, and 4), Exam Questions and answers, rated A+

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LEGL 2700 Test 1 (chp. 1, 3, and 4), Exam Questions and answers, rated A+ How did the following English law people E. Coke, M. Hale, W. Blackstone influence US law - -Case law precedent Appeal - -the right of the litigation parties to have the legal decisions of the trial judge reviewed by an appellate court Appellate court - -a court that decides whether a trial judge has made a mistake of law Courts of appeal - -a court that reviews decisions by lower courts Diversity of citizenship - -the plaintiff filing a lawsuit must be from states diff from those of the defendants. This requirement, along with more than $75,000 at stake, is one method a federal court gains jurisdiction over the subject matter of a lawsuit Federal question cases - -litigation involving the application or interpretation of the federal Constitution, federal statutes, federal treaties, or federal administrative agencies. The federal court system has subject matter jurisdiction over these issues Federal Rules of Civil Procedure - -a law passed by Congress that provides the procedural steps to be followed by the federal courts when handling civil litigation Judicial activism - -an activist judge tends to abide by the following judicial philosophies (1) the political process cannot adequately handle society's difficult issues; (2) the courts can correct society's ills through the decision-making process; (3) following precedent is not crucial; and (4) "judge-made law" is often necessary to carry out the legislative intent of the law Judicial restraint - -a judge who abides by the judicial restraint philosophy (1) believes that the political process, and not the courts, should correct society's ills; (2) decides an issue on a narrow bases, if possible; (3) follows precedent whenever possible; and (4) does not engage in "judge-made law" but interprets the letter of the law Judicial review - -the power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional Petit jury - -the fact-finding body during a trial (aka trial or traverse jury) Small claims court - -a court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3,000, depending on the state


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