LSB 3213 Exam 1 (Okstate) Questions With Answers Graded A+ Assured Success

discovery includes - interrogatories, requests for admission, requests for documents, subpoenas, depositions discovery rules - discovery is allowed regarding any matter that is relevant to the claim or defense of any party define a controlling precedent - a binding authority that requires a court to follow prior court decisions in its jurisdiction a party may appeal 4 things - a verdict, legal issue, motion, adverse court ruling a trial just by a judge is a - bench trial action of law/equity decision - by judge or jury/ by judge action of law/equity initiation of lawsuit - filing complaint/ filing a petition action of law/equity parties - (plaintiff, defendant)/(petitioner, respondent) action of law/equity remedy - monetary damages/ injunction, specific performance, or rescission action of law/equity result - judgement/decree admiralty law governs what - the law of the high seas after the trial if a party is unhappy they ma file a motion for - judgment nov or directed verdict after the verdictareas of law that affect business decision making - contracts, intellectual property, product liability, torts, sales, internet law (privacy), environmental law civil law is concerned with - people v. people closing statements - summarizing the facts concurrent jurisdiction - more than one court can hear the case courts ..... statutes and regulations - interpret courts of appellate jurisdiction - have the power to review a prior decision in the same case made by another court courts of general jurisdiction can decide - cases involving a broad topic courts of limited jurisdiction can - only hear specific types of cases courts of original jurisdiction - where it is heard the first time courts.... the law but do not make the law - apply criminal law is concerned with - people v. the public as a whole deceit defined - a promise made without intent of performing it define a subject matter - jurisdiction is the courts authority to hear and decide a specific type of disputedefine binding authority - any source of law a court must follow when deciding a case define contingent fee - a fee where the attorney gets a percentage of the recovery define discovery - the process of obtaining information from the opposing party define judicial review - the process by which a court decides the constitutionality of legislative enactments and actions by the executive branch define jurisdiction - the authority of a court to hear and decide a specific action define personal jurisdiction - jurisdiction over any person or business involved in a legal action define persuasive authority - any primary or secondary source of law that a court may consult for guidance but that is not binding on the court define plurality opinion - an opinion of the largest number of judges, but not the majority define procedural law - consist of all laws that outline the methods of enforcing the rights established by substantive law define rescission - undo or terminate a contract define restatements - compilations that generally summarize the common law define stare decisis - a common law doctrine under which judges must follow precedents established in prior decision 3 potential ways a new trial may be granted - trial judge screwed up, newly discovered evidence, prejudicedefine substantive law - consists of all the laws that define, describe, regulate, and create legal rights and obligations difference between remands and renders - sends the case down for another trial/ a new ruling without another trial electronic discovery - discovery focusing on electronic communications every type of law will be either ...... or ........, and ...... or ....... - civil or criminal, and substantive or procedural exclusive jurisdiction - only one case has the power to hear the case expert witnesses testify - based on specialized knowledge fighting words - incite violence have equitable maxims lost their relevance in the 21st century - no hearsay - the testimony given in court about a statement made by someone else who was not under oath (an out of court statement) highest court in the land - US Supreme Court how can the gov restrict speech - reasonable restrictions, and content neutral limits on the time place and manner how do cases reach the SC - writ of certiorari by a vote of 4 how do courts justify applying the long arm statute - the court determines if the defendant had minimum contacts with the statehow do judges make their own decisions - they apply the law to the facts of the case how do you figure out the jurisdiction for cyber cases - sliding scale standard, 3 types of internet businesses (passive, some interaction, substantial) how do you satisfy minimum contacts for a corporation - advertise, sell, or are in the stream of commerce in the state how does a plaintiff notify the defendant - by service of process, so the plaintiff will deliver a summons how does the federal government ensure that each state treats citizens from other states nicely - privileges and immunities clause, prohibiting states from treating citizens of other states differently how is the federal government structured - the states form a union, and the power to govern, sovereignty is divided b/w the federal government and the states