Jurisdiction in Federal Courts Quiz

Functions of Law

• The primary function of law in society is to provide a framework for resolving disputes and regulating behavior.

Legal Concepts

• Liability refers to being legally responsible for something like a debt or obligation.
• The supreme law of the land in the United States is the US Constitution, which serves as the source of laws.

Sources of Law

• Constitutional Law is derived from the US Constitution and those of the 50 states in the union.

Administrative Agencies

• Enabling legislation creates administrative agencies, which are granted authority to implement laws and regulations.

Common Law

• Common Law originated from England.

Legal Reasoning

• The process of legal reasoning involves four steps: Issue, Rule, Application, Conclusion (IRAC).

Stare Decisis

• Stare decisis refers to the legal principle of following precedents set by previous court decisions.

Types of Law

• Substantive Law focuses on defining, describing, regulating, and creating legal rights and obligations.

US Federal Court System

• The highest tier of courts in the US federal court system is the Supreme Court.

Criminal Law

• The primary objective of criminal law is to punish offenders and protect society.

Constitutional Provisions

• The Privileges and Immunities Clause (Article IV, Section 2) prohibits states from discriminating against residents and imposing unreasonable burdens.
• The Supremacy Clause (Article VI, Clause 2) establishes the Constitution as the supreme law of the land.

Preemption

• Preemption refers to the concept that federal law takes precedence over conflicting state laws.

Civil Liberties

• Congress enacted the Bill of Rights to limit government intrusion on individual rights.
• Substantive Due Process refers to the principle that government actions must be reasonable and fair.

Freedom of Speech

• Obscene speech is NOT protected by the First Amendment.

Judicial Review

• Judicial Review involves the judiciary's role in reviewing and interpreting the Constitution.

Tort Law

• The primary purpose of tort law is to compensate victims for harm or injury.
• In a defamation case, the plaintiff must prove that the defendant made a false statement that damaged their reputation.
• Libel refers to written false statements, while slander refers to spoken false statements.
• To prove an intentional emotional distress tort, it must be shown that the defendant's conduct was extreme and outrageous.

Negligence

• To prove negligence, it must be shown that the defendant breached a duty of care, which caused harm to the plaintiff.
• Causation in fact refers to the requirement that the defendant's breach of duty must have caused the plaintiff's harm.
• Punitive damages are intended to punish the defendant for their wrongdoing.
• Superseding intervening cause refers to an event that breaks the chain of causation in a negligence case.
• The key element in proving negligence related to duty of care is foreseeability.

Contracts

• A unilateral contract is formed by the party's conduct.
• In a bilateral contract, the offeree mustcommunicate their acceptance of the offer to the offeror.
• A voidable contract may be avoided by a party if they choose to do so.
• Strict Liability imposes liability without fault, often in cases of product liability.
• The Doctrine of Strict Liability holds manufacturers liable for defective products.
• A quasi-contract is a contract implied by law, which imposes contractual obligations on the parties.
• Courts interpret ambiguous terms in a contract against the drafter (the person who wrote the contract).
• A nullity is writing that has no legal effect and creates no legal obligation.
• Unambiguous terms in a contract are given their plain meaning.