LSB Exam one.docx

What does IRAC stand for - correct answer Issue Rule Analysis (or application) Conclusion Restatements - correct answer secondary sources of law and are an important source of legal analysis and opinio What's the basic assumption behind the natural law theory - correct answer er: there's a higher, or universal, law exists that applies to all human beings and that written laws should reflect the principles inherent in natural law. How does the positivist school differ? - correct answer Positivists argue there is no law higher than the laws created by a national government. •Laws must be obeyed to prevent anarchy even if they are unjust. •Legal positivism is the basis for positive—or national—law. What's the emphasis for the historical school of thought? - correct answer This focuses on the evolutionary process of law .•It concentrates on the history and origins of the legal system. •Followers argue that the law derives its legitimacy and authority from standards that have withstood the test of tim The legal realism and sociological school is based on what idea? - correct answer The law is shaped by social forces and needs. •Judges must account for economic and social realities when deciding cases.•Legal Realism influenced the growth of the Sociological School, which views law as a tool to promote social justic Every type of law will be either: - correct answer Civil or Criminal; and,•Substantive or Procedural Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute - correct answer The judge may want to review case law because prior cases have likely interpreted the statute. •Because statutes often codify common law rules, a judge may be able to review cases to determine the intent and _______ purpose of a statute After WWII, several Nazis were convicted of "crimes against humanity" by an international court. Assuming these convicted war criminals had not disobeyed any law of their country and had merely been following their government's orders, what law had they violated? - correct answer "Crimes against humanity" were new international crimes after WWII. These derived their legitimacy from natural law. In particular, for murder, it eliminated the defense of saying "I was just following orders." The fact that the German defendants were committing these acts in support of Germany's positivist law at the time was considered irrelevant A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court's decision - correct answer Courts of ________ jurisdiction have the power to review a prior decision in the same case made by another court - correct answer = appellate What are the two types of cases federal courts can hear? - correct answer (1) Federal question cases - disputes which pertain to the U.S. Constitution, acts of Congress, or treaties; or,•(2) Diversity cases - where the plaintiff and defendant are residents of ________ states, and the dollar amount sought by the plaintiff is $75,001 or more Concurrent jurisdiction: - correct answer More than one court can hear the case Exclusive jurisdiction - correct answer Only one court (state or federal) has the power (jurisdiction) to hear the case Appellate (or reviewing) courts only hear _________ __ ___, not fact(which are usually determined by juries).•Only judges—and not juries—can rule on _________ __ _ - correct answer questions of law How do most cases wind up reaching the Supreme Court? - correct answer er: by requesting that the Court issue a writ of certiorari What are some of the chief obstacles to resolving cases with ADR? - correct answer The attitude of the company's senior managers that feed into the mentality of "winning is the only thing that matters You could use online dispute resolution (ODR) if the issue involves a problem with the ______ __ _____ or the sale of ______ ___ - correct answer = quality of goods, domain name Does the federal district court have original or appellate jurisdiction? - correct answer Original jurisdiction, because the case was initiated in that court and that is where the trial will take place What if Garner had filed his lawsuit in an IL state court? Could the IL state court exercise personal jurisdiction over Foreman or his manager - correct answer No! The defendants lacked minimum contacts with the state of Illinois. •Because the defendants were from another state, the court would have to determine if they had sufficient contacts with the state for the Illinois court to exercise jurisdiction based on a long arm statute .•Here, the defendants never went to Illinois, and the contract was not formed in Illinois. Thus, the IL state court wouldn't likely find sufficient minimum contacts to exercise jurisdiction Assume Garner files his suit in NV state court. Would the NV court have personal jurisdiction over Foreman or his manager - correct answer Yes! •This is because the defendants met with Garner and formed a contract in Nevada. •Because the parties met Garner and negotiated the contract in Nevada, a court would likely hold these activities were sufficient to justify a Nevada court's exercising personal jurisdiction Sue, an OK resident, uses a smartphone to buy a video security system from Tipton, Inc. a KS corporation, which turns out to be junk. •(a) If Sue files suit in OK, will OK exercise jurisdiction over Tipton?