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Exam (elaborations)

CPCU 530 || with 100% Correct Answers.

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Doctrine of stare decisis correct answers The principle that lower courts must follow precedents set by higher courts. Equity correct answers Fairness, or a body of principles constituting what is fair and right. Criminal law correct answers The branch of the law that imposes penalties for wrongs against society. Civil Law correct answers A classification of law that applies to legal matters not governed by criminal law and that protect rights and provides remedies for breaches of duties owed to others. Substantive Law correct answers A classification of law that creates, defines, and regulates parties' rights, duties, and powers. Procedural Law correct answers A classification of law that prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law. Equal Protection Clause correct answers A part of the Fourteenth Amendment to the U.S. Constitution prohibiting state laws that discriminate unfairly or arbitrarily, and requiring equal treatment to all persons under the like circumstances and conditions. National Association of Insurance Commissioners NAIC correct answers An association of insurance commissioners from the fifty U.S. states, the District of Columbia, and the five U.S. territories and possessions, whose purpose is to coordinate insurance regulation activities among the various state insurance departments. Original jurisdiction correct answers The power of a court in which cases are initiated to hear those cases. Diversity jurisdiction correct answers The authority of federal district courts to hear cases involving parties from different states that involve amounts in controversy over a legal minimum. Writ of certiorari correct answers An appellate court's order directing a lower court to deliver its record in a case for appellate review. Conflicts of law correct answers A body of law that resolves questions when states' laws conflict. Administrative law correct answers The statutory laws that grant power to administrative agencies to act and the body of law that is created by administrative agencies themselves. Allegation correct answers A claim made in the complaint by the plaintiff, specifying what the plaintiff expects to prove to obtain a judgment against the defendant.

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CPCU 530
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Institution
CPCU 530
Course
CPCU 530

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Uploaded on
March 18, 2025
Number of pages
25
Written in
2024/2025
Type
Exam (elaborations)
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CPCU 530 || with 100% Correct Answers.
Doctrine of stare decisis correct answers The principle that lower courts must follow precedents
set by higher courts.

Equity correct answers Fairness, or a body of principles constituting what is fair and right.

Criminal law correct answers The branch of the law that imposes penalties for wrongs against
society.

Civil Law correct answers A classification of law that applies to legal matters not governed by
criminal law and that protect rights and provides remedies for breaches of duties owed to others.

Substantive Law correct answers A classification of law that creates, defines, and regulates
parties' rights, duties, and powers.

Procedural Law correct answers A classification of law that prescribes the steps, or processes, for
enforcing the rights and duties defined by substantive law.

Equal Protection Clause correct answers A part of the Fourteenth Amendment to the U.S.
Constitution prohibiting state laws that discriminate unfairly or arbitrarily, and requiring equal
treatment to all persons under the like circumstances and conditions.

National Association of Insurance Commissioners NAIC correct answers An association of
insurance commissioners from the fifty U.S. states, the District of Columbia, and the five U.S.
territories and possessions, whose purpose is to coordinate insurance regulation activities among
the various state insurance departments.

Original jurisdiction correct answers The power of a court in which cases are initiated to hear
those cases.

Diversity jurisdiction correct answers The authority of federal district courts to hear cases
involving parties from different states that involve amounts in controversy over a legal
minimum.

Writ of certiorari correct answers An appellate court's order directing a lower court to deliver its
record in a case for appellate review.

Conflicts of law correct answers A body of law that resolves questions when states' laws conflict.

Administrative law correct answers The statutory laws that grant power to administrative
agencies to act and the body of law that is created by administrative agencies themselves.

Allegation correct answers A claim made in the complaint by the plaintiff, specifying what the
plaintiff expects to prove to obtain a judgment against the defendant.

,Complaint correct answers The allegations made by a plaintiff in a lawsuit.

Pleading correct answers A formal written statement of the facts and claims of each party to a
lawsuit.

Cause of action correct answers A plaintiff's legal grounds to sue a defendant.

Answer correct answers A document filed in court by a defendant responding to a plaintiff's
complaint and explaining why the plaintiff should not win the case.

Counterclaim correct answers A complain brought by the defendant against the plaintiff.

Motion correct answers A formal request for the court to take a particular action.

Motion to dismiss correct answers A request that a court terminate an action because of
settlement, voluntary withdrawal, or procedural defect.

Motion for summary judgment correct answers A pretrial request asking the court to enter a
judgment when no material facts are in dispute.

Discovery correct answers A pretrial exchange of all relevant information between the plaintiff
and defendant.

Deposition correct answers A pretrial discovery tool involving oral examination of a witness to
produce a written verbatim record.

Interrogatories correct answers Specific written questions or requests raised by one party to a
lawsuit that the opposing party must answer in writing.

Subpoena correct answers A legal order to a witness to appear at a certain place and time to
testify or to product documents.

Direct examination correct answers Questioning one's own witness during a legal proceeding.

Cross-examination correct answers Questioning an opposing party during a legal proceeding to
bring out information favorable to the questioner's own position or to challenge the witness's
testimony.

Relevance correct answers A quality of evidence that suggests the evidence is more or less likely
to be true.

Materiality correct answers A quality of evidence that tends to establish a particular element of
the claim that has legal significance.

Competence correct answers A quality of evidence that suggests the source is reliable and the
evidence is adequate to justify admission in court.

, Hearsay rule correct answers The rule of evidence that prevents the admission of out-of-court
statements not made under oath by a person who is unavailable to testify.

General verdict correct answers A kind of verdict that entails a complete finding and a single
conclusion by a jury on all issues presented.

Special verdict correct answers A kind of verdict reached by a jury that makes findings of fact by
answering specific questions posed by the judge. The judge then applies the law to the facts as
the jury has found them.

Res judicata correct answers A doctrine that bars parties to a lawsuit on which final judgment has
been rendered from bringing a second lawsuit on the same claim or on related transactions.

Alternative dispute resolution - ADR correct answers Procedures to help settle disputes without
litigation, including arbitration, medication, and negotiation.

Mediation correct answers An alternative dispute resolution (ADR) method by which disputing
parties use a neutral outside party to examine the issues and develop a mutually agreeable
settlement.

Legislative rule correct answers A type of substantive administration agency rule that comes
from a statutory delegation of authority and that has the same force as a law enacted by Congress
or a legislature.

Interpretative rule correct answers A type of administrative agency rule that interprets statutes,
providing guidance for agency staff or regulated parties, but that lacks the force and effect of law
and therefore is not binding on individuals.

Procedural rule correct answers A type of administrative agency rule that prescribes procedures
for agency operations, legislative rule making and adjudication proceedings.

Standing to sue correct answers A party's right to sue, as one who has suffered or will suffer a
legal wrong or an adverse effect from an action.

Final order correct answers An administrative agency's final conclusion or disposition of any
material private right of a party, terminating an agency proceeding.

Exhaustion of administrative remedies correct answers The completion of all possible
administrative procedures and appeals in a case; required before a party can appeal an agency
action to a court.

Contract correct answers A legally enforceable agreement between two or more parties in which
each party makes some promise to the other.

Promisor correct answers The party to a contract making a promise.

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