BLAW 3310 Exam 1 Questions And Answers With Verified Solutions Graded A+

BLAW 3310 Exam 1 30 Days to File Answer - you have 30 days after the date you are served to file a response with the court Actus Rea - "guilty act"; the wrongful deed that constitutes the physical component of a crime; usually must be joined with mens rea to establish criminal liability Administrative Agencies - a governmental bureau established by Congress (or the President) to execute certain functions of Congress Administrative Law - branch of law governing the creation of administrative agencies Adversary System of Justice - requires the parties to represent themselves, usually through their lawyers, and to argue their position before a neutral court Affirmative Defense - defendant's response to plaintiffs claim that attacks the plaintiffs legal right to bring the action rather than attacking the truth of the claim -Ex) Running of the statute of limitations Alternative Dispute Resolution - process by which the parties to a dispute resolve it through a mechanism other than litigation in court Ex) arbitration, negotiation, and mediation Amendments for Right to Trial by Jury - 6th Amendment: the right of persons to trial by jury in criminal cases 7th Amendment: the right to jury trial in common -law cases Andy sues Carol in state court in Illinois to obtain a court decree of property about property ownership of property in Illinois. Carol lives in Alabama and refuses to respond to the suit. While Illinois does not have jurisdiction over Carol in Alabama, it has jurisdiction over the property in Illinois, so it may decide who the rightful owner is - Example of In -rem Jurisdiction Appellate Jurisdiction - power of a court to revise or correct the proceedings in a case already acted upon by a lower court or administrative agency Bank of Boston - "The freedom of speech ... guaranteed by the Constitution embraces at the least the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment..." This struck down a Massachusetts law that prohibited corporations for making contributions that could influence certain political issues Beyond a Reasonable Doubt - in criminal law, the general rule that for a judge to find a defendant guilty, there can be no significant doubt that the defendant violated a criminal statute (higher standard of proof); jail time Blimka v. My Web Wholesalers (2007) - Supreme Court found that defendants (MyWeb) had personal jurisdiction Bob v. Lufthansa (pension benefits) - Voir Dire - Bob: older business men, Jewish, anit - big business, government workers Lufthansa: middle -age, divorced females, younger people in deep in work force, tech workers, Asian Burden of Proof - duty on a party in a case to submit sufficient evidence on an issue in order to avoid dismissal of the claim Business and Free Speech - Civil District Courts - at least $200 is disputed or claimed in damages Civil Law - concerns the rights and responsibilities that exist among members of society or between individuals and the government in non -criminal matters Commerce Clause - gives Congress the power to regulate interstate commerce; the basis of much federal regulation Commercial Speech - expressions made by businesses about commercial matters or about political matters; the 1st Amendment protects most truthful speech in this category Common Law - law made and applied by judges as they resolve disputes among private parties; foundation of agency (employment), contact, property, and tort law Compensatory - a sum awarded to an injured party that is equivalent to her actual damages or injuries sustained; rational is to restore the injured party to the position she was in before the injury Complaint - plaintiff must state the basis of the court's subject -matter jurisdiction over the parties to dispute (federal court) Conflict Resolution - a critical function of the law is dispute resolution -Court system (formal process) Constitution - the fundamental law of a nation; written document (not always written) establishing the powers of government and its basic structure Contempt of Court - any act that obstructs a court in the administration of justice or that is calculated to lessen the court's authority Counterclaim - a claim a defendant asserts against the plaintiff Criminal Law - concern legal wrongs or crimes committed against the state (Felony or Misdemeanor)