MIE 305 EXAM 1 SPRING 2026 LATEST NC STATE UNIVERSITY
COMPLETE QUESTION AND ANSWER GRADED A (original copy)
What is the fourth step in civil procedure?
Jury Selection- if required; in many states, you're not guaranteed a jury trial for civil matters
(and never in small claims courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use peremptory challenges to
strike venirepersons from the final jury.
What is the fifth step in civil procedure?
TRIAL- Plaintiff first, Defendant second. At the conclusion of your opponent's case, you have
another chance to make a dispositive motion to end the proceeding
What is the sixth step in civil procedure?
VERDICT-either directed by the court as a matter of law, or returned by the jury. The loser will
then have several options:
What options does the loser have in a trial?
(1) Motions for Judgment NOV and New Trlal- the first one says that no reasonable jury could
have concluded as this one did, and asks the court to reverse It. The second one says the trial
was so flawed as to
cause a miscarriage of justice. As you might imagine, neither are granted very often- but they
must be requested immediately to preserve the right to use them as points of appeal
(2) APPEAL to the tribunal offering appeals of right.
What are the elements of standing?
,the plaintiff must
(1) have suffered an individual injury in fact, or suffering of an injury must be clearly imminent
(not conjectural or hypothetical);
(2) the action of the defendant being challenged or questioned must be the cause in fact of the
injury (this is often called the nexus requirement); and
(3) the injury must be judicially redressable, i.e. the court must have the power to do something
about it for the plaintiff if relief is appropriate.
What are the elements of the advisory opinions doctrine?
(1) there must be two or more parties to a case,
(2) having separate and different interests in the matter before the court, and
(3) the parties' interests must be adverse, meaning they want truly different outcomes from the
other if they win the case.
What is the essential element of ripeness?
1) whether the facts have sufficiently crystallized or become sufficiently concrete to allow for
proper judicial resolution of the matter.
How did equity develop, both in England and the US?
Before you could sue someone for those money damages, you often had to go through difficult
procedural mechanisms to get written permission to do so. This system dissuaded many parties
from going to the bother of seeking justice in that way.
What are alternatives to common law in use in world legal systems?
A civil-law or code-law system is one where all the legal rules are in one or more
comprehensive legislative enactments
Who or what was instrumental in Common law's development?
Henry II
, How did the Common Law come to be, and how was it spread across England?
Henry II streamlined the court system and standardized it throughout the land, requiring great
deference be paid to the decisions of the curia regis and developing a system of "ridings" and
"circuits". Judges would learn from each other the intended interpretation of rulings from the
curia regis, and as they shared their own case decisions with each other, a general consensus
among judges of what the common law rule should be in a certain case with a certain set of
facts developed
What is judicial review, and why was Marbury v. Madison important to that concept?
The power of the judiciary to review the actions of the other branches of government and to
set them aside as null and void if they are in violation of the Constitution. In this case, they
literally created for the court a power that the founding fathers had not enumerated (spelled
out) in the Constitution.
What are the four sources of law, and how do they fit hierarchically?
(1) constitutions; (2) legislation; (3) administrative agencies; and (4) common law rules.
What is the significance of Llewelyn and Hoebel's The Cheyenne Way?
They used a rich oral history to transmit the rules from generation to generation, there was no
need to write the rules down or put them in reference books anywhere.
Do legal systems have to be written?
For code law yes, for civil and common law no.
What are the objectives of a legal system?
1. Promote order in society.
2. The ability for individuals and entities to achieve justice
3. Cultivate a sense of reasonableness.
COMPLETE QUESTION AND ANSWER GRADED A (original copy)
What is the fourth step in civil procedure?
Jury Selection- if required; in many states, you're not guaranteed a jury trial for civil matters
(and never in small claims courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use peremptory challenges to
strike venirepersons from the final jury.
What is the fifth step in civil procedure?
TRIAL- Plaintiff first, Defendant second. At the conclusion of your opponent's case, you have
another chance to make a dispositive motion to end the proceeding
What is the sixth step in civil procedure?
VERDICT-either directed by the court as a matter of law, or returned by the jury. The loser will
then have several options:
What options does the loser have in a trial?
(1) Motions for Judgment NOV and New Trlal- the first one says that no reasonable jury could
have concluded as this one did, and asks the court to reverse It. The second one says the trial
was so flawed as to
cause a miscarriage of justice. As you might imagine, neither are granted very often- but they
must be requested immediately to preserve the right to use them as points of appeal
(2) APPEAL to the tribunal offering appeals of right.
What are the elements of standing?
,the plaintiff must
(1) have suffered an individual injury in fact, or suffering of an injury must be clearly imminent
(not conjectural or hypothetical);
(2) the action of the defendant being challenged or questioned must be the cause in fact of the
injury (this is often called the nexus requirement); and
(3) the injury must be judicially redressable, i.e. the court must have the power to do something
about it for the plaintiff if relief is appropriate.
What are the elements of the advisory opinions doctrine?
(1) there must be two or more parties to a case,
(2) having separate and different interests in the matter before the court, and
(3) the parties' interests must be adverse, meaning they want truly different outcomes from the
other if they win the case.
What is the essential element of ripeness?
1) whether the facts have sufficiently crystallized or become sufficiently concrete to allow for
proper judicial resolution of the matter.
How did equity develop, both in England and the US?
Before you could sue someone for those money damages, you often had to go through difficult
procedural mechanisms to get written permission to do so. This system dissuaded many parties
from going to the bother of seeking justice in that way.
What are alternatives to common law in use in world legal systems?
A civil-law or code-law system is one where all the legal rules are in one or more
comprehensive legislative enactments
Who or what was instrumental in Common law's development?
Henry II
, How did the Common Law come to be, and how was it spread across England?
Henry II streamlined the court system and standardized it throughout the land, requiring great
deference be paid to the decisions of the curia regis and developing a system of "ridings" and
"circuits". Judges would learn from each other the intended interpretation of rulings from the
curia regis, and as they shared their own case decisions with each other, a general consensus
among judges of what the common law rule should be in a certain case with a certain set of
facts developed
What is judicial review, and why was Marbury v. Madison important to that concept?
The power of the judiciary to review the actions of the other branches of government and to
set them aside as null and void if they are in violation of the Constitution. In this case, they
literally created for the court a power that the founding fathers had not enumerated (spelled
out) in the Constitution.
What are the four sources of law, and how do they fit hierarchically?
(1) constitutions; (2) legislation; (3) administrative agencies; and (4) common law rules.
What is the significance of Llewelyn and Hoebel's The Cheyenne Way?
They used a rich oral history to transmit the rules from generation to generation, there was no
need to write the rules down or put them in reference books anywhere.
Do legal systems have to be written?
For code law yes, for civil and common law no.
What are the objectives of a legal system?
1. Promote order in society.
2. The ability for individuals and entities to achieve justice
3. Cultivate a sense of reasonableness.
