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Test 1 Review for Law 1
A review of concepts in Chapters 1-4
94
Law
Undergraduate 2
02/17/2016

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Term
The five sources of law.
Definition
What are judicial,legislative, administrative, constitutional and uniform?
Term
Judicial law
Definition
What is court or judge made law called?
Term
Judge made law; or judicial law; or common law; or case law; or precedent
Definition
What is another name for case law?
Term
Case law or judge made law. A previous case.
Definition
What is precedent?
Term
The application of precedent to a case today in court.
Definition
What is stare decisis?
Term
Different jurisdiction
or
Different facts
or
Case of first impression
Definition
What is a limitation of stare decisis?
Term
Legislatures
Definition
Who makes statutory law?
Term
State legislatures
Definition
Who makes state statutory law?
Term
Congress
Definition
Who makes federal statutory law?
Term
The United States Code
Definition
Where is federal statutory law found?
Term
51
Definition
How many legislatures are there in the U.S.?
Term
There is no difference between legislation and statutes.
Definition
What is the difference between legislation and statutes?
Term
Congress
Definition
What is the name of the federal legislature?
Term
Stare decisis promotes consistency and predictability
Definition
What is one advantage to stare decisis?
Term
There are 51.
Definition
How many constitutions are there in the United States?
Term
The U.S. Constitution
Definition
What is the name of the federal constitution?
Term
50
Definition
How many state constitutions are there?
Term
The U.S. Supreme Court
Definition
Who is the final arbiter of the constitutionality of law?
Term
Meeting constitutional muster.
Definition
What is the term used that means coming up to the level of the U.S. Constitution?
Term
The U.S. Supreme Court
Definition
Who decides if a law passes constitutional muster?
Term
Checks and balances
Definition
What is the name of the process of determining if a branch of government has exceeded its powers?
Term
The U.S. Constitution
Definition
What is called the " supreme law of the land?"
Term
Sort of like a legislature
Definition
What does "quasi-legislative" mean?
Term
Sort of like a court
Definition
What does "quasi-judicial" mean?
Term
Worker's compensation is the exclusive remedy
Definition
What is the name given to the concept that employees cannot sue their employers for death or injury on the job?
Term
Worker's compensation
Definition
What is the name of the law that covers death and injury on the job?
Term
From a chart. Each state has its own chart depending on its tax base.
Definition
How does worker's compensation determine the money award for body parts?
Term
It pays out much lower amounts than a typical lawsuit.
Definition
What is a disadvantage to worker's compensation?
Term
It guarantees workers that their medical and hospital bills will be paid; it guarantees that they will receive compensation for their injuries.
Definition
What is an advantage of worker's compensation?
Term
Controverted
Definition
What is the name given to an employer's refusal to pay a worker's compensation claim?
Term
Quasi-judicial
Definition
A worker's compensation hearing is one example of this.
Term
The administrative law judge writes an opinion.
Definition
What happens in a worker's compensation hearing that makes it quasi-judicial?
Term
An administrative law judge.
Definition
What is the name of the person hearing worker's compensation complaints?
Term
The FAA (federal aviation administration)
The FDA (food and drug administration)
Definition
An example of a federal administrative agency
Term
Worker's compensation
Definition
An example of a state administrative agency
Term
The UCC or the UPA
{The Uniform Commercial Code or the Uniform Partnership Act}
Definition
An example of a uniform law
Term
Plaintiff
Definition
What is the name of the party bringing a civil lawsuit?
Term
Defendant
Definition
What is the name of the party against whom a civil lawsuit is brought?
Term
A preponderance of the evidence.
Definition
What is the NAME of the burden of proof in a civil lawsuit?
Term
Beyond a reasonable doubt.
Definition
What is the NAME of the burden of proof in a criminal action?
Term
The district attorney.
Definition
Who brings a criminal action on behalf of the state?
Term
The U.S. attorney
Definition
Who brings a criminal action on behalf of the U.S. government?
Term
A majority
Definition
How many jurors must be in agreement in a civil verdict?
Term
All of them
Definition
How many jurors must be in agreement in a criminal verdict?
Term
A judgment
Definition
What is the name of the paper issued by the judge at the end of a civil lawsuit awarding the plaintiff money damages?
Term
Money versus jail time.
Definition
The end result of a civil versus a criminal lawsuit
Term
Minimum contacts plus service of process
Definition
The two requirements of in personam jurisdiction
Term
The summons and complaint
Definition
What is served in 'service of process'
Term
The defendant must receive the summons and complaint while physically present in the state
Definition
For physical presence to be a minimum contact, what must occur?
Term
Fraud
Definition
Physical presence cannot be obtained through this...
Term
Domiciliary
Definition
Another name for a house
Term
Nail and mail
Definition
What type of service of process a domiciliary is especially effective for?
Term
The long arm statute
Definition
The name of the minimum contact that can result from entering into a contract or committing a tort in the state?
Term
Articles of incorporation
Definition
The name of the papers filed to begin a corporation
Term
Charter
Definition
The name of the papers sent back from the state recognizing/forming a corporation
Term
The name of the registered agent.
Definition
What the articles of incorporation have contained in them pertaining to service of process.
Term
A registered agent.
Definition
The name of the entity that receives service of process on behalf of corporations
Term
Domestic
Definition
A corporation that is formed in one state only.
Term
Foreign
Definition
A corporation that is domesticated in one state and doing business in another
Term
Alien
Definition
A corporation that is domesticated in another country but doing business in the U.S.
Term
Renegade
Definition
A corporation that has not filed any of the required paperwork
Term
The 14th
Definition
The name of the constitutional amendment that is concerned with due process
Term
By giving notice of the lawsuit.
Definition
How does service of process protect due process?
Term
Nail and mail
Definition
How is service of process effectuated if the defendant cannot be found?
Term
Personal service
Definition
How is service of process effectuated if the defendant can be found?
Term
Service upon a family member
Definition
How is service of process effectuated if the defendant cannot be found but a spouse can?
Term
Court of Appeals
Definition
What is the name of the highest court in New York State?
Term
Appellate Division
Definition
What is the name of the appeals court from the New York State Supreme Court?
Term
Surrogate's Court
Definition
What is the name of the New York court that hears matters regarding wills and estates?
Term
County Court
Definition
What is the name of the New York court that hears matters regarding crimes?
Term
Supreme Court
Definition
What is the name of the New York court that can hear any type of case?
Term
Court of Claims
Definition
What is the name of the New York State court that can hear claims against New York State?
Term
Village, City, J.P
Definition
What is the name of a court of limited jurisdiction in New York State?
Term
Limited as to the type of controversy or the amount of money
Definition
What does limited jurisdiction mean?
Term
Not limited as to the type of controversy or the amount of money
Definition
What does general jurisdiction mean?
Term
US District Court
Definition
What is the name of the trial court in the federal system?
Term
US Court of Appeals
Definition
What is the name of the court to which you would appeal from the trial court in the federal system?
Term
US Supreme Court
Definition
What is the name of the highest federal court in the United States?
Term
Petition for a writ of certiorari
Definition
What is the name of the piece of paper that is sent to the U.S. Supreme Court requesting an appeal?
Term
The case becomes res judicata
Definition
What is the significance of a denial of certiorari?
Term
The case is reviewed
Definition
What is the significance of a grant of certiorari?
Term
1%
Definition
What is the percentage of cases granted cert by the US Supreme Court under the current Chief Justice (Roberts)
Term
Petitioner or Appellant
Definition
What is the name of the party bringing an appeal?
Term
Respondent or Appellee
Definition
What is the name of the party against whom an appeal is brought?
Term
There is none.
Definition
What is the name of the court of general jurisdiction in the federal system?
Term
A cause of action
Definition
What is the name of the underlying legal wrong?
Term
Negligence
Definition
What is an example of the name of a cause of action?
Term
Hurt feelings
Definition
What is an example of the name of no cause of action?
Term
Litigation
Definition
What is the name given to suing someone?
Term
The summons and complain
Definition
What is served in service of process?
Term
Depositions and interrogatories
Definition
What are the two forms of discovery?
Term
What type of insurance coverage do you have?
Definition
In a civil lawsuit, what is the most important question that the plaintiff can ask the defendant in an interrogatory?
Term
Judgment proof
Definition
What is the name of a defendant who has no money?
Term
Garnishment
Definition
What is one way to collect a judgment from an employed defendant?
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