Civil and Criminal Lawsuits Overview

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Questions and Answers

What type of lawsuit is brought by Thomas Davis against Kwik-Shop and Hy-Vee?

Administrative lawsuit

Civil lawsuit in tort (correct)

Criminal lawsuit

Contract lawsuit

What is a primary characteristic of a civil lawsuit?

The government prosecutes the case

Burden of proof is beyond a reasonable doubt

Incarceration can be a possible outcome

Money damages are typically sought (correct)

Which of the following statements about criminal lawsuits is true?

The burden of proof is less strict than in civil cases.

Incarceration and/or fines can be outcomes. (correct)

They primarily focus on monetary compensation.

They are prosecuted by private individuals.

In which scenario would the burden of proof be 'beyond a preponderance of the evidence'?

A civil lawsuit Signup and view all the answers

What did the involvement of Pruitt and Lopez at the Kwik-Shop lead to?

A civil lawsuit for damages Signup and view all the answers

What is a common source of tort law?

Common law Signup and view all the answers

Which option is NOT a characteristic of a civil lawsuit?

Can result in incarceration Signup and view all the answers

What is a false statement regarding the largest source of new law?

It is solely determined by public opinion. Signup and view all the answers

Which statement correctly defines law in the context of governance?

Law governs relationships between citizens and their governments. Signup and view all the answers

Where did the common law originate?

As a body of general rules applied throughout England. Signup and view all the answers

What is referred to as common law?

The body of law that emerged from the king's court post-Norman Conquest. Signup and view all the answers

If stare decisis is applied in the Chavez case, what outcome is most likely based on the Simmons v. Hart ruling?

The court will allow the contract cancellation by the minor. Signup and view all the answers

What does the doctrine of stare decisis entail?

It restricts lower courts from overruling Supreme Court decisions. Signup and view all the answers

Which of the following statements about stare decisis is false?

It allows for courts to ignore past decisions at will. Signup and view all the answers

In the absence of precedent, how can a court arrive at a decision?

By considering existing statutes and underlying legal principles. Signup and view all the answers

What is the primary function of law as described in the content?

To regulate interactions between individuals and governments. Signup and view all the answers

What type of jurisdiction is exemplified by a lawsuit concerning property?

In rem jurisdiction Signup and view all the answers

Which court has original jurisdiction based on diversity of citizenship?

Federal district courts Signup and view all the answers

What is required for a federal district court to resolve an automobile accident lawsuit?

Both parties must be residents of different states and the amount must be over $75,000 Signup and view all the answers

A state superior court can hear a case involving which of the following?

All of the above Signup and view all the answers

In which courts can a particular lawsuit potentially be heard?

In either a state court or a federal court Signup and view all the answers

Which federal cases exclusively fall under federal jurisdiction?

Patents and copyrights Signup and view all the answers

What elements make up a state court system?

Trial courts, appellate courts, and a supreme court Signup and view all the answers

What is the primary function of appellate courts?

Review case records for errors of law Signup and view all the answers

What is the primary trend regarding alternative dispute resolution (ADR)?

ADR is increasingly favored as an alternative to civil lawsuits. Signup and view all the answers

What role does a mediator play in the mediation process?

The mediator suggests solutions and facilitates agreement. Signup and view all the answers

Which statement is true regarding a mini-trial?

A mini-trial is a type of ADR agreed upon by the parties. Signup and view all the answers

Which of the following is TRUE about arbitration?

Arbitration decisions may be legally binding. Signup and view all the answers

In which scenario can an arbitration award be set aside?

If there is fraud or bias in the arbitration. Signup and view all the answers

What are the two primary methods of dispute resolution?

Litigation and arbitration. Signup and view all the answers

Which statement regarding trial courts is accurate?

Trial courts are the only courts that hear evidence and witness testimony. Signup and view all the answers

Who is referred to as the appellant in a legal case?

The individual or party who files an appeal. Signup and view all the answers

What is required for a person to be selected as a juror in a trial?

They must be able to make an impartial decision based solely on the evidence presented. Signup and view all the answers

What motion can a defendant file immediately after the plaintiff presents their case?

Motion for a directed verdict. Signup and view all the answers

In which court would Randi most likely file her lawsuit against the man who hit her car?

State court in Wyoming. Signup and view all the answers

What must be true for a court to have personal jurisdiction over a defendant?

The defendant must be a resident of the state where the court is located. Signup and view all the answers

What does a motion for a judgment n.o.v. request from the court?

To reject a jury's verdict and enter a judgment contrary to that verdict. Signup and view all the answers

What type of case does Randi's lawsuit for negligence fall under?

State law. Signup and view all the answers

Why might Randi be hesitant to file her lawsuit in Wyoming?

It's far from her home in Oregon. Signup and view all the answers

Which of the following best describes a motion for summary judgment?

A request for the judge to rule based on the facts without proceeding to trial. Signup and view all the answers

What will happen if Denny ignores the complaint?

Gina will be awarded the damages sought in her complaint. Signup and view all the answers

What does filing a demurrer imply about Denny's stance on Gina's claims?

Gina did not suffer a compensable injury, even if her facts are accurate. Signup and view all the answers

What happens if Denny files a counterclaim against Gina?

Gina will have the opportunity to file a response. Signup and view all the answers

Which option is not an alternative dispute resolution method?

Civil lawsuit Signup and view all the answers

What do arbitration clauses typically require?

Disputes arising from a contract must be resolved through arbitration. Signup and view all the answers

Which courts are tasked with determining both legal and factual issues?

Federal district courts. Signup and view all the answers

Which combination will not grant a state trial court jurisdiction over a civil case?

In personam jurisdiction plus in rem jurisdiction. Signup and view all the answers

Which must be true for a trial court to exercise civil case jurisdiction?

Both subject-matter and in-personam jurisdiction are necessary. Signup and view all the answers

Study Notes

Practice Problems (With Answers) - First Exam

Introduction to Law (Chapter 2) and Anatomy of a Civil Trial, Judges, Courts, and Jurisdiction, and Alternative Dispute Resolution (ADR) (Chapter 3)
Practice problems are provided to prepare for the exam.
Some problems are definitional, others are application-based. Explanatory notes accompany correct answers.
Short answer/essay questions are included, though not on the exam, to assist in applying material.
The majority of exam problems will focus on Chapter 3 material.
Practice problems cover the first 24 or 25 pages on Chapter 2 and the remaining 26-27 pages relate to Chapter 3, including civil trial, judges, courts, jurisdiction, and ADR concepts.

True or False - Practice Problems (Chapter 2)

Administrative agencies gain law-making power through delegation.
The government cannot be a party in a civil suit. (False, for example, you can sue the government for money damages).
A state statute for homicide is both criminal and substantive.
Legal positivists consider morality an essential component of valid law. (False)
The President is only allowed to execute the law. (False, for example presidents may issue executive orders).
Treaties supersede conflicting state constitutional provisions.
Today's common law courts view law as a flexible tool for social purposes. (True)

Multiple Choice - Practice Problems (Chapter 2)

Judge Dullard, needing help on a case, is concerned about a clash between an Indiana statute and a common law rule.
- A recent rule supersedes outdated/conflicting rules.
- What actions can a judge take? (The judge is bound by statute because statutes override inconsistent common law rules.)
Legal Realism views law as:
- A method of social ordering reflecting current values.
- Unjust or immoral laws aren't inherently obeyed or valid.
- A law's enforcement and application, not written form.
Common Law:
- Only through legislative changes.
- Supersedes conflicting constitutional provisions.
- Is judge-made law if no other law applies.

Short Answer/Essay Questions(Chapter 2)

Assuming a 2003 statute in State X, requiring punishments for state-government employees using supplies for personal use:
- Discuss the statute from different legal philosophies (Legal Positivism, Natural Law, Legal Realism) including the duty to obey it.

Practice Problems (Chapters 3) (True/False) - Anatomy of a Civil Case; Judges, Courts; and ADR.

A state court can refuse to enforce a state statute deemed unconstitutional. (False; federal courts may do that, too.)
Jurisdiction relates to a court's power to hear and decide a case.
A long-arm statute is a law that permits courts to hear cases involving non-residents.
In rem jurisdiction enables a court to exercise jurisdiction over defendant property.
In rem jurisdiction refers to a court's power to issue personal judgments against parties. (False)
Only federal-question cases may originate in federal courts. (False)
Diversity of citizenship/over $75,000 is a basis for federal court jurisdiction.
Federal courts: Corporations are citizens of the state where incorporated.

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Description

This quiz covers fundamental concepts related to civil and criminal lawsuits, including characteristics, sources of law, and specific examples. Test your understanding of legal principles such as burden of proof and the doctrine of stare decisis as they apply to various scenarios in law.