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Test 1 Review for Law 1
A review of concepts in Chapters 1-4
40
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
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
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
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
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
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
The 14th
Definition
The name of the constitutional amendment that is concerned with due process
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
Litigation
Definition
What is the name given to suing someone?
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