Intro to Law Midterm - University of Iowa
# Questions Answers
1 Law The rules that identify right and wrong behavior
based on social or community values - recognize
rights, duties, and responsibilities that we have as
members of society.
2 Legal positivism Positivists hold that law reflects society's judgment
on right and wrong, that law must always be
followed, and only courts/legislature can change
the law.
3 Legal realism Realists hold that all law derives from prevailing
social interests and public policy, and that judges
should take social concerns and public policy into
consideration.
4 Natural law The idea that humans possess inherent natural
rights that laws cannot limit or take away (e.g., Bill
of Rights).
5 Unjust laws Any law that degrades human personality.
6 Constitutions Generally the supreme sources of law, establish
governmental branches - U.S. uses federalist
government (stronger state laws).
7 Statutes Federal and passed by Congress, the states cannot
conflict with federal, and local laws cannot conflict
with state laws.
8 Ordinances Represent a relatively rapid response to societal
(local) changes.
9 Business statutes LLC, labor laws, trade secrets, intellectual
property, environmental laws.
10 Administrative Legislatures delegate interpretation and
law enforcement of statutes to administrative
agencies. AA combines functions normally divided
among the three branches into a single
governmental entity.
11 Common law A court's decision in a criminal or non-criminal suit.
12 Precedent A decision from a previous suit.
13 Stare decisis Deciding new cases with reference to former
decisions/precedent.
14 Executive orders Rules made by top leaders which hold power just
as a law - can be ruled invalid by courts if in
violation of the constitution.
15 Criminal law Deals with wrongdoings against society - plaintiff
is the government, possible punishments include
fines and jail time.
16 Civil law Private or public wrongdoing between two people -
plaintiff is a private/public party but not the
, government, punishment is monetary.
17 Burden of proof Preponderance of the evidence - 51%.
in civil suit
18 Burden of proof Beyond a reasonable doubt - 99%.
in criminal suit
19 Adversarial Parties are responsible for finding evidence, judges
system act as an unbiased party.
20 Jurisdiction Authority to speak the law.
21 A court needs Subject matter of the dispute, the parties
jurisdiction over: (personal), and property involved (in rem).
22 Subject matter Involved types of court - general (district) or
jurisdiction limited specialty courts (bankruptcy, tax, etc.).
23 Venue The appropriate geographical location of the case -
federal or state? county/district division?
24 Exclusive state Marriage, adoption, probate - all claims without
jurisdiction federal jurisdiction.
25 Criminal cases Pretrial publicity that interferes with the
often have venue defendant's right to an impartial jury.
changes due to...
26 Federal question Based on the U.S. Constitution, federal law/treaty,
cases or limited jurisdiction.
27 Diversity of When the plaintiff and defendant are citizens of
citizenship cases different states and the dispute damages are
greater than $75,000.
28 Federal court for Must be federal question or diversity of citizenship
civil matters: cases.
29 Civil court Used for money damages and injunctive relief
between private parties (found liable or not liable
instead of "guilty").
30 Pre-answer Can be used if wrong name, jurisdiction, etc. when
motion to dismiss being served.
31 Trial progression 1. Complaint filed (who? why?), 2. Answer filed
(admits/deny? counterclaims?), 3. Discovery
proceedings (interrogations, physical exams), 4.
Motions filed relating to discovery matters, 5.
Pretrial proceedings (encourage settlement,
narrow issues), 6. Trial by judge or jury, 7.
Termination by judge/jury verdict.
32 Affirmative Admits the accused crime but with a justifiable
defense defense.
33 Discovery Intended to "make trial less a game of blindman's
buff and more a fair contest" with the basic issues
and facts disclosed to the fullest predictable
expense. Used to collect evidence, testimonies,
etc. before trial.
# Questions Answers
1 Law The rules that identify right and wrong behavior
based on social or community values - recognize
rights, duties, and responsibilities that we have as
members of society.
2 Legal positivism Positivists hold that law reflects society's judgment
on right and wrong, that law must always be
followed, and only courts/legislature can change
the law.
3 Legal realism Realists hold that all law derives from prevailing
social interests and public policy, and that judges
should take social concerns and public policy into
consideration.
4 Natural law The idea that humans possess inherent natural
rights that laws cannot limit or take away (e.g., Bill
of Rights).
5 Unjust laws Any law that degrades human personality.
6 Constitutions Generally the supreme sources of law, establish
governmental branches - U.S. uses federalist
government (stronger state laws).
7 Statutes Federal and passed by Congress, the states cannot
conflict with federal, and local laws cannot conflict
with state laws.
8 Ordinances Represent a relatively rapid response to societal
(local) changes.
9 Business statutes LLC, labor laws, trade secrets, intellectual
property, environmental laws.
10 Administrative Legislatures delegate interpretation and
law enforcement of statutes to administrative
agencies. AA combines functions normally divided
among the three branches into a single
governmental entity.
11 Common law A court's decision in a criminal or non-criminal suit.
12 Precedent A decision from a previous suit.
13 Stare decisis Deciding new cases with reference to former
decisions/precedent.
14 Executive orders Rules made by top leaders which hold power just
as a law - can be ruled invalid by courts if in
violation of the constitution.
15 Criminal law Deals with wrongdoings against society - plaintiff
is the government, possible punishments include
fines and jail time.
16 Civil law Private or public wrongdoing between two people -
plaintiff is a private/public party but not the
, government, punishment is monetary.
17 Burden of proof Preponderance of the evidence - 51%.
in civil suit
18 Burden of proof Beyond a reasonable doubt - 99%.
in criminal suit
19 Adversarial Parties are responsible for finding evidence, judges
system act as an unbiased party.
20 Jurisdiction Authority to speak the law.
21 A court needs Subject matter of the dispute, the parties
jurisdiction over: (personal), and property involved (in rem).
22 Subject matter Involved types of court - general (district) or
jurisdiction limited specialty courts (bankruptcy, tax, etc.).
23 Venue The appropriate geographical location of the case -
federal or state? county/district division?
24 Exclusive state Marriage, adoption, probate - all claims without
jurisdiction federal jurisdiction.
25 Criminal cases Pretrial publicity that interferes with the
often have venue defendant's right to an impartial jury.
changes due to...
26 Federal question Based on the U.S. Constitution, federal law/treaty,
cases or limited jurisdiction.
27 Diversity of When the plaintiff and defendant are citizens of
citizenship cases different states and the dispute damages are
greater than $75,000.
28 Federal court for Must be federal question or diversity of citizenship
civil matters: cases.
29 Civil court Used for money damages and injunctive relief
between private parties (found liable or not liable
instead of "guilty").
30 Pre-answer Can be used if wrong name, jurisdiction, etc. when
motion to dismiss being served.
31 Trial progression 1. Complaint filed (who? why?), 2. Answer filed
(admits/deny? counterclaims?), 3. Discovery
proceedings (interrogations, physical exams), 4.
Motions filed relating to discovery matters, 5.
Pretrial proceedings (encourage settlement,
narrow issues), 6. Trial by judge or jury, 7.
Termination by judge/jury verdict.
32 Affirmative Admits the accused crime but with a justifiable
defense defense.
33 Discovery Intended to "make trial less a game of blindman's
buff and more a fair contest" with the basic issues
and facts disclosed to the fullest predictable
expense. Used to collect evidence, testimonies,
etc. before trial.
