Introduction to Law
31 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary function of public law?

  • To provide remedies for personal wrongs
  • To govern personal relationships between individuals
  • To regulate wrongful conduct
  • To enact laws by an authorized government body (correct)
  • Which of the following best describes civil law?

  • It deals primarily with crimes against the state.
  • It requires restitution for wrongs against individuals. (correct)
  • It is designed to punish wrongful conduct.
  • It is a set of formally written laws.
  • What principle does 'stare decisis' refer to in common law?

  • Rules must be followed to enforce other laws.
  • The decision reached in a case should remain consistent in future cases. (correct)
  • The law must be flexible to changing circumstances.
  • All laws must have a statutory basis.
  • Which characteristic of law involves the adaptability of legal rules over time?

    <p>Flexibility</p> Signup and view all the answers

    What is the main purpose of equity in the legal system?

    <p>To deliver justice when legal remedies are inadequate</p> Signup and view all the answers

    What is meant by the term 'remand' in the appellate court context?

    <p>The court sends the case back for further proceedings.</p> Signup and view all the answers

    Which party initiates a lawsuit in a civil case?

    <p>Plaintiff</p> Signup and view all the answers

    In which scenario does federal court have jurisdiction over a case?

    <p>When the United States is a party to the case.</p> Signup and view all the answers

    What is 'Concurrent Jurisdiction'?

    <p>Two courts have the authority to hear the same case.</p> Signup and view all the answers

    Who is the appellant in a court case?

    <p>The party seeking to have a decision reversed.</p> Signup and view all the answers

    What controls which court has subject matter jurisdiction?

    <p>The type of case being tried.</p> Signup and view all the answers

    Which of the following is NOT a reason federal courts decide controversies among citizens of different states?

    <p>Disputes arising from international issues.</p> Signup and view all the answers

    What must be true for jurisdiction to apply in both parties and the subject of the case?

    <p>Both parties and the case must fall within the powers of the court.</p> Signup and view all the answers

    What term refers to the conditions that must occur before performance under a contract is required?

    <p>Conditions Precedent</p> Signup and view all the answers

    Which scenario constitutes duress in a contract?

    <p>A party is physically forced to enter into a contract</p> Signup and view all the answers

    What is an unconscionable contract characterized by?

    <p>One party bearing all risks and the other taking all benefits</p> Signup and view all the answers

    In which situation can performance under a contract be excused?

    <p>Impossibility of performance</p> Signup and view all the answers

    What does an Exculpatory Clause do in a contract?

    <p>Releases one party from liability for its own actions</p> Signup and view all the answers

    What is a key characteristic of 'Commercial Impracticability' as defined in contract performance?

    <p>The situation alters basic assumptions held by both parties</p> Signup and view all the answers

    What is the purpose of a Motion for Summary Judgement?

    <p>To request the court to rule without a full trial</p> Signup and view all the answers

    Under which condition can a buyer rescind a contract?

    <p>Within 3 days of signing</p> Signup and view all the answers

    Which process involves examining witnesses under oath before the trial?

    <p>Deposition</p> Signup and view all the answers

    What is the Burden of Proof in a trial?

    <p>The obligation to prove one's claim or defense</p> Signup and view all the answers

    What is the purpose of 'Accord and Satisfaction' in contract law?

    <p>Serve as a settlement for a disputed debt</p> Signup and view all the answers

    What is the result when a defendant files a Motion to Dismiss?

    <p>The defendant requests the court to terminate the case</p> Signup and view all the answers

    During the trial, who typically conducts the Direct Examination?

    <p>The plaintiff's attorney</p> Signup and view all the answers

    What is the time frame in which a debtor must notify the creditor of a dispute regarding credit card statements?

    <p>60 days</p> Signup and view all the answers

    Which of the following scenarios does not fall under the Fair Debt Collection Practices Act (FDCPA)?

    <p>A friend collecting a personal loan</p> Signup and view all the answers

    What type of damages covers costs incurred by a party to collect compensatory damages?

    <p>Incidental Damages</p> Signup and view all the answers

    What is the maximum period in which a creditor must take final action regarding a disputed claim after acknowledging receipt of the protest?

    <p>90 days</p> Signup and view all the answers

    Which of the following correctly defines 'liquidated damages'?

    <p>A clause in a contract that pre-establishes and limits damages</p> Signup and view all the answers

    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

    • 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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    BLAW Chegg Notes PDF

    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.

    More Like This

    Equity and the Law of Trust Chapter 6§ 6
    22 questions

    Equity and the Law of Trust Chapter 6§ 6

    ComprehensiveWildflowerMeadow avatar
    ComprehensiveWildflowerMeadow
    Equity and Trust Law Overview
    8 questions

    Equity and Trust Law Overview

    InterestingTriumph6817 avatar
    InterestingTriumph6817
    Equity and Trusts in Legal Context
    32 questions
    Equity and Trust Law - Lectures 1 & 2
    45 questions
    Use Quizgecko on...
    Browser
    Browser