BLAW 205 UW Lax Exam #1 Questions and Answers with complete

Liability - Answer-The state of being legally responsible (liable) for something, such as a debt or obligation. Primary source of law - Answer-A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision. Secondary source of law - Answer-A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review. Constitutional Law - Answer-The body of law derived from the U.S. Constitution and the constitutions of the various states. Statutory Law - Answer-The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). executive agency - Answer-An administrative agency within the executive branch of government. Independent Regulatory Agency - Answer-An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Case Law - Answer-The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and governs all areas not covered by statutory or administrative law. common law - Answer-A body of general principles applied throughout the English empire precedent - Answer-a court decision that furnished an example or authority for deciding subsequent cases—to build the common law. Remedy - Answer-The relief given to an innocent party to enforce a right or compensate for the violation of a right. Stare decisis - Answer-A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.•Controlling Precedents Substantive law - Answer-Law that defines, describes, regulates, and creates legal rights and obligations. Procedural Law - Answer-Law that establishes the methods of enforcing the rights established by substantive law. Civil law - Answer-The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. Criminal law - Answer-The branch of law that defines and punishes the wrongful actions committed against the public. National law - Answer-Law that pertains to a particular nation (as opposed to international law).International law - Answer-The law that governs relations among nations. Judicial review - Answer-The power of the courts to declare laws unconstitutional Long Arm Statutes - Answer-used for non-resident parties based on "minimum contacts" with state Concurrent jurisdiction - Answer-Exists when two different courts have the power to hear a case. Exclusive jurisdiction - Answer-Exists when a case can be heard only in a federal court or a state court. Venue - Answer-The geographic district in which a legal action is tried and from which the jury is selected. Standing to sue - Answer-The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. justiciable controversy - Answer-one that is real and substantial, as opposed to hypothetical or academic Litigation - Answer-The process of resolving a dispute through the court system. Pleadings - Answer-Written documents that inform each of the parties of one another's claims and defenses and specify the issues involved in the lawsuit. Service of Process - Answer-The delivery of the complaint and summons to a defendant. Default Judgment - Answer-A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim. Motion to dismiss - Answer-A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law Motion for judgment on the pleadings - Answer-A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute. Motion for summary judgment - Answer-A motion requesting the court to enter a judgment without proceeding to trial. Discovery - Answer-A method by which the opposing parties obtain information from each other to prepare for trial. Depositions - Answer-Sworn testimony by a party to the lawsuit or any witness. Interrogatories - Answer-Written questions that are directed to the plaintiff or defendant for which written answers are prepared and then signed under oath. Motion for a directed verdict - Answer-A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim. Alternative Dispute Resolution - Answer-The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.Negotiation - Answer-Informal discussion in which the parties attempt to settle their dispute informally, with or without attorneys to represent them. Mediation - Answer-A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement. Arbitration - Answer-The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. Arbitration Clauses - Answer-A clause provides that any dispute that arises under the contract will be resolved through arbitration rather than through the court system. Summary jury trial (SJT) - Answer-A method of settling disputes by holding a trial in which the jury's verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow. Online Dispute Resolution - Answer-the settlement of disputes in online forums. Checks and balances - Answer-allow each branch to limit the actions of the other two branches. Preemption - Answer-A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. Judicial interpretation - Answer-Rights are not absolute. The Supreme Court is final interpreter of the Constitution, gives meaning to constitutional rights, and determines the boundaries of those rights. Establishment Clause - Answer-Prohibits government from establishing a state-sponsored religion, or passing laws that favor one over the other. Free exercise clause - Answer-The provision in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship. Due Process - Answer-The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Equal Protection Clause - Answer-The provision in the 14th Amendment that requires state governments to treat similarly situated individuals (or businesses) in a similar manner. Strict Scrutiny - Answer-If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to "strict scrutiny" by the courts. Intermediate Scrutiny - Answer-Applied in cases involving discrimination based on gender or legitimacy. Laws using these classifications must be substantially related to important government objectives. Tort - Answer-A wrongful action that can lead to civil liability. Compensatory damages - Answer-Reimburses the plaintiff for actual losses Punitive damages - Answer-Monetary damages used to punish the defendant Defenses - Answer-are reasons why the plaintiff should not obtain damages.Assault - Answer-threat or attempt to injure Battery - Answer-When an act that constitutes assault is completed and results in harm to the plaintiff Defamation - Answer-False statements of fact that are published or publicly spoken and that cause injury to another's good reputation. Liebl - Answer-Defamation in writing or another form having the quality of permanence Slander - Answer-defamation in oral form Conversion - Answer-Wrongfully using or possessing the personal property of another. Negligence - Answer-failure to exercise a duty of care that a reasonable person would exercise in the same situation. Duty. Breach. Causation. Damages.