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Questions and Answers
What is the primary function of public law?
Which of the following best describes civil law?
What principle does 'stare decisis' refer to in common law?
Which characteristic of law involves the adaptability of legal rules over time?
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What is the main purpose of equity in the legal system?
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What is meant by the term 'remand' in the appellate court context?
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Which party initiates a lawsuit in a civil case?
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In which scenario does federal court have jurisdiction over a case?
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What is 'Concurrent Jurisdiction'?
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Who is the appellant in a court case?
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What controls which court has subject matter jurisdiction?
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Which of the following is NOT a reason federal courts decide controversies among citizens of different states?
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What must be true for jurisdiction to apply in both parties and the subject of the case?
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What term refers to the conditions that must occur before performance under a contract is required?
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Which scenario constitutes duress in a contract?
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What is an unconscionable contract characterized by?
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In which situation can performance under a contract be excused?
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What does an Exculpatory Clause do in a contract?
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What is a key characteristic of 'Commercial Impracticability' as defined in contract performance?
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What is the purpose of a Motion for Summary Judgement?
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Under which condition can a buyer rescind a contract?
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Which process involves examining witnesses under oath before the trial?
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What is the Burden of Proof in a trial?
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What is the purpose of 'Accord and Satisfaction' in contract law?
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What is the result when a defendant files a Motion to Dismiss?
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During the trial, who typically conducts the Direct Examination?
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What is the time frame in which a debtor must notify the creditor of a dispute regarding credit card statements?
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Which of the following scenarios does not fall under the Fair Debt Collection Practices Act (FDCPA)?
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What type of damages covers costs incurred by a party to collect compensatory damages?
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What is the maximum period in which a creditor must take final action regarding a disputed claim after acknowledging receipt of the protest?
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Which of the following correctly defines 'liquidated damages'?
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Study Notes
Introduction to Law
- Law governs individuals and their relationships.
- Public law is enacted by government bodies, while private law regulates relationships between individuals.
- Criminal law penalizes wrongful conduct, while civil law addresses wrongs against individuals.
- Substantive laws outline rights and responsibilities, while procedural laws establish rules for enforcing substantive laws.
- Common law evolves through historical precedent, while statutory law consists of formally written laws.
Equity
- Addresses situations where legal remedies are inadequate or unfair.
- Courts of Equity can issue injunctions.
- Equity allows for both damages and injunctions in a single case.
Purposes of Law
- Keeping order.
- Influencing conduct.
- Honoring expectations.
- Promoting equality.
- Serving as a compromise mechanism.
Characteristics of Law
- Flexibility.
- Consistency.
Precedent
- Setting precedent involves examining past decisions to guide current cases.
- Precedence from federal courts is strongest in cases involving federal issues.
- State courts are not obligated to follow precedent from other states.
Parties in the Judicial System
- Plaintiffs initiate lawsuits and seek relief.
- Defendants (respondents) are the parties the plaintiff seeks relief from.
- Lawyers represent parties in the judicial system.
- Judges preside over legal proceedings.
Appeals
- Appellant: seeks a higher court to overturn the lower court's decision.
- Appellee: the party who won the trial and faces the appeal.
Jurisdiction
- The authority of a court to make legal judgments.
- Subject matter of the case determines jurisdiction.
- In personam jurisdiction refers to physical presence within the court's authority.
Federal Court System
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Federal District Court: general trial court in the federal system, hearing cases:
- Where the United States is a party.
- Those involving a federal question.
- Those involving diversity of citizenship.
- Diversity of Citizenship: Cases involving parties from different states with claims exceeding $75,000 may be heard in federal court.
- Concurrent Jurisdiction: State and federal courts can both hear diversity cases.
- Default: A judgment entered against a defendant who fails to respond or appear in court.
Seeking Timely Resolution
- Motions are requests to the court for specific actions:
- Motion for Judgment on the Pleadings: request for judgment based solely on the written pleadings.
- Motion to Dismiss: defendant's request to dismiss a case.
- Motion for Summary Judgment: request for a decision without a full trial.
Discovery
- Process of exchanging relevant documents and evidence before trial:
- Lists of witnesses.
- Tangible evidence.
- Requests for Admissions: requests for the opposing party to admit or deny specific facts.
- Interrogatories: written questions asked by one party to the other.
- Depositions: oral testimony taken under oath outside the courtroom.
- Request for Production: request for the other side to produce specific documents.
Trial Process
- Opening Statements: summaries of the case by both parties before evidence is presented.
- Burden of Proof: The responsibility to provide evidence to support a claim.
- Direct Examination: questioning of witnesses by the plaintiff to support their case.
- Cross Examination: questioning of witnesses by the defendant.
- Directed Verdict: a decision by the judge in favor of a defendant when the plaintiff fails to provide sufficient evidence.
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Description
This quiz explores foundational concepts in law, including public and private law, as well as criminal and civil law. It also covers the purposes and characteristics of law, alongside the principles of equity and precedent. Test your understanding of these essential legal principles.
