LPP 255 TEST LATEST UPDATE
What are the four CANT requirements? - Answer Commonality,Adequacy,
Negligence,Typicality
What can a peremptory challenge not be used to exclude a person based on? - Answer
Race and gender
What is the name of a document issued by a court directing the defendant to appear in
court or otherwise respond to the plaintiff's allegations? - Answer Summons
In class we discussed Hawkins vs. McGee, also known as the "hairy hand" case. In this
case the defendant doctor's failed surgery left the patient plaintiff with a deformed and
hairy hand. What was the general issue the court was looking at in this case? - Answer
Whether the doctor breached his contractual obligation
What is a preexisting duty? - Answer The promisor promises something that he/she is
already under an obligation to perform
What is the difference between mediation and arbitration? - Answer (In mediation the
mediator does not have the authority to impose a resolution) With mediation, the final
decision is a reached agreement between the two conflicting parties, while arbitration
calls on an arbitrator to analyze the case details and reach a verdict.
What is a subpoena? - Answer Procedural document used to get a person to provide
discovery they are otherwise refusing to provide or to testify at a deposition or trial/ a
formal written order that requires a person to appear before a court or produce
documentation
Which of the following theories argues for a just distribution of societal resources? -
Answer Justice theory
What is the name of the party appealing a trial court decision? - Answer Appellant
How many circuits are in the United States Court of Appeals, excluding the Court of
Appeals for the Federal Circuit? - Answer 12
What is a legal benefit? - Answer Party receives something they had no prior legal right
to receive
What are the two Constitutional amendments that provide for the right to a trial by jury? -
Answer Sixth and Seventh
Who was responsible for the leaking of sensitive U.S. classified information in 2013? -
Answer Edward Snowden
In the Kelo vs City of New London case, which involved the taking of property from one
party to give to another for economic development, what constitutional amendment
, applies? - Answer Fifth Amendment
What is an indictment? - Answer Grand jury's finding that it has probable cause to
believe there is sufficient evidence that requires the accused be tried and informs the
accused of the offense with which they are charged./ a formal charge or accusation of a
serious crime.
What is the definition of acceptance in contract law? - Answer Indication by the offeree
of their willingness to be bound by the terms of the offer/ one person's compliance with
the terms of an offer made by another
What is an unliquidated debt? - Answer Obligation that is in dispute with respect to
dollar amount involved/ debt amount is disputed or unclear
What is a panel of potential jurors called? - Answer Venire
Identify a scenario under the UCC where additional terms provided with the acceptance
of a contract do not become part of the contract. - Answer At least one party is not a
merchant; if both parties are merchants: (1) the offer expressly limits acceptance to the
terms of the offer, (2) added terms materially alter the offer, (3) offeror objects to the
additional terms
What are the four parts to analyzing a case? - Answer Issue, Rule,Analysis/Application,
Conclusion
Name four (4) of the current Supreme Court justices. - Answer Roberts, Thomas, Alito,
Sotomayor
What is separation of powers? - Answer The doctrine that the legislative, executive, and
judicial branches of the government function independently of one another and each
serves as a check on the others/ an act of vesting the legislative, executive, and judicial
powers of government in separate bodies.
Name two reasons a company would seek an alternative to litigation (trial). - Answer
Costs, public perception, maintain business relationships
What is the territorial area within the state where the case should be filed and tried? -
Answer Venue
What is judicial review? - Answer Power of the judiciary to review the actions of the
other branches of the govt to determine if they violate the constitution
Peremptory challenge - Answer When you object to a juror being on the jury panel
What does MLM stand for in the context of business? - Answer Multi-level marketing
What is vertical separation of powers? - Answer Separation between federal
government and state government
What is the minimum dollar amount for federal question jurisdiction? - Answer None
What are the four CANT requirements? - Answer Commonality,Adequacy,
Negligence,Typicality
What can a peremptory challenge not be used to exclude a person based on? - Answer
Race and gender
What is the name of a document issued by a court directing the defendant to appear in
court or otherwise respond to the plaintiff's allegations? - Answer Summons
In class we discussed Hawkins vs. McGee, also known as the "hairy hand" case. In this
case the defendant doctor's failed surgery left the patient plaintiff with a deformed and
hairy hand. What was the general issue the court was looking at in this case? - Answer
Whether the doctor breached his contractual obligation
What is a preexisting duty? - Answer The promisor promises something that he/she is
already under an obligation to perform
What is the difference between mediation and arbitration? - Answer (In mediation the
mediator does not have the authority to impose a resolution) With mediation, the final
decision is a reached agreement between the two conflicting parties, while arbitration
calls on an arbitrator to analyze the case details and reach a verdict.
What is a subpoena? - Answer Procedural document used to get a person to provide
discovery they are otherwise refusing to provide or to testify at a deposition or trial/ a
formal written order that requires a person to appear before a court or produce
documentation
Which of the following theories argues for a just distribution of societal resources? -
Answer Justice theory
What is the name of the party appealing a trial court decision? - Answer Appellant
How many circuits are in the United States Court of Appeals, excluding the Court of
Appeals for the Federal Circuit? - Answer 12
What is a legal benefit? - Answer Party receives something they had no prior legal right
to receive
What are the two Constitutional amendments that provide for the right to a trial by jury? -
Answer Sixth and Seventh
Who was responsible for the leaking of sensitive U.S. classified information in 2013? -
Answer Edward Snowden
In the Kelo vs City of New London case, which involved the taking of property from one
party to give to another for economic development, what constitutional amendment
, applies? - Answer Fifth Amendment
What is an indictment? - Answer Grand jury's finding that it has probable cause to
believe there is sufficient evidence that requires the accused be tried and informs the
accused of the offense with which they are charged./ a formal charge or accusation of a
serious crime.
What is the definition of acceptance in contract law? - Answer Indication by the offeree
of their willingness to be bound by the terms of the offer/ one person's compliance with
the terms of an offer made by another
What is an unliquidated debt? - Answer Obligation that is in dispute with respect to
dollar amount involved/ debt amount is disputed or unclear
What is a panel of potential jurors called? - Answer Venire
Identify a scenario under the UCC where additional terms provided with the acceptance
of a contract do not become part of the contract. - Answer At least one party is not a
merchant; if both parties are merchants: (1) the offer expressly limits acceptance to the
terms of the offer, (2) added terms materially alter the offer, (3) offeror objects to the
additional terms
What are the four parts to analyzing a case? - Answer Issue, Rule,Analysis/Application,
Conclusion
Name four (4) of the current Supreme Court justices. - Answer Roberts, Thomas, Alito,
Sotomayor
What is separation of powers? - Answer The doctrine that the legislative, executive, and
judicial branches of the government function independently of one another and each
serves as a check on the others/ an act of vesting the legislative, executive, and judicial
powers of government in separate bodies.
Name two reasons a company would seek an alternative to litigation (trial). - Answer
Costs, public perception, maintain business relationships
What is the territorial area within the state where the case should be filed and tried? -
Answer Venue
What is judicial review? - Answer Power of the judiciary to review the actions of the
other branches of the govt to determine if they violate the constitution
Peremptory challenge - Answer When you object to a juror being on the jury panel
What does MLM stand for in the context of business? - Answer Multi-level marketing
What is vertical separation of powers? - Answer Separation between federal
government and state government
What is the minimum dollar amount for federal question jurisdiction? - Answer None
