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Questions and Answers
Which type of law includes local laws passed by municipalities?
Which type of law includes local laws passed by municipalities?
What is meant by exclusive jurisdiction?
What is meant by exclusive jurisdiction?
What distinguishes appellate jurisdiction from original jurisdiction?
What distinguishes appellate jurisdiction from original jurisdiction?
What does 'stare decisis' promote in the judicial system?
What does 'stare decisis' promote in the judicial system?
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Which of the following is an example of an equitable remedy?
Which of the following is an example of an equitable remedy?
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What is a characteristic of mediation in alternative dispute resolution?
What is a characteristic of mediation in alternative dispute resolution?
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What is required for a case to qualify under 'diversity of citizenship' jurisdiction?
What is required for a case to qualify under 'diversity of citizenship' jurisdiction?
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Which of the following best describes 'case law'?
Which of the following best describes 'case law'?
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What is the primary requirement of the Equal Protection Clause under the 14th Amendment?
What is the primary requirement of the Equal Protection Clause under the 14th Amendment?
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Which Ethical Theory emphasizes the consequences of actions?
Which Ethical Theory emphasizes the consequences of actions?
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What is the definition of 'Actus Reus' in criminal law?
What is the definition of 'Actus Reus' in criminal law?
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Which of the following is considered a felony?
Which of the following is considered a felony?
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What does 'Mens Rea' refer to in the context of criminal law?
What does 'Mens Rea' refer to in the context of criminal law?
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What is one aspect of the general criminal procedure concerning trials?
What is one aspect of the general criminal procedure concerning trials?
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What standard of proof must a plaintiff meet in a civil case?
What standard of proof must a plaintiff meet in a civil case?
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What does the Supremacy Clause establish?
What does the Supremacy Clause establish?
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Which of the following is NOT a characteristic of white-collar crimes?
Which of the following is NOT a characteristic of white-collar crimes?
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Under what condition can courts exercise jurisdiction over corporations?
Under what condition can courts exercise jurisdiction over corporations?
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Which amendment protects against unreasonable searches and seizures?
Which amendment protects against unreasonable searches and seizures?
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What is the primary function of punitive damages?
What is the primary function of punitive damages?
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What is the purpose of a Choice of Forum Clause?
What is the purpose of a Choice of Forum Clause?
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Which term refers to the legal time limits for filing lawsuits?
Which term refers to the legal time limits for filing lawsuits?
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What do Long Arm Statutes allow state courts to do?
What do Long Arm Statutes allow state courts to do?
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What does substantive due process protect individuals against?
What does substantive due process protect individuals against?
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What is one of the primary duties an agent holds towards their principal?
What is one of the primary duties an agent holds towards their principal?
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In a situation with a disclosed principal, who is liable for breaches of contract?
In a situation with a disclosed principal, who is liable for breaches of contract?
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Which of the following is NOT a duty of the principal towards their agent?
Which of the following is NOT a duty of the principal towards their agent?
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Under which circumstance is a principal held liable for an agent's actions?
Under which circumstance is a principal held liable for an agent's actions?
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Which of the following powers is NOT associated with administrative agencies?
Which of the following powers is NOT associated with administrative agencies?
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What is the first step in the rules and regulations process for administrative agencies?
What is the first step in the rules and regulations process for administrative agencies?
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What type of legislation is used to establish the purpose and scope of an administrative agency?
What type of legislation is used to establish the purpose and scope of an administrative agency?
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Which of the following functions is NOT performed by administrative agencies?
Which of the following functions is NOT performed by administrative agencies?
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What does the Eighth Amendment specifically protect against?
What does the Eighth Amendment specifically protect against?
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Which element is NOT part of a claim for fraud?
Which element is NOT part of a claim for fraud?
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What is the purpose of the Foreign Corrupt Practices Act (FCPA)?
What is the purpose of the Foreign Corrupt Practices Act (FCPA)?
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Under negligence law, what does the term 'proximate cause' refer to?
Under negligence law, what does the term 'proximate cause' refer to?
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Which of the following describes defamation?
Which of the following describes defamation?
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In the context of negligence, what does 'comparative negligence' imply?
In the context of negligence, what does 'comparative negligence' imply?
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Which act targets fraudulent accounting practices in corporate financial reporting?
Which act targets fraudulent accounting practices in corporate financial reporting?
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What does 'conversion' refer to in tort law?
What does 'conversion' refer to in tort law?
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What duration is associated with obtaining a utility patent?
What duration is associated with obtaining a utility patent?
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Which of the following does NOT represent a type of intellectual property?
Which of the following does NOT represent a type of intellectual property?
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What is the primary purpose of the Fair Use Exception?
What is the primary purpose of the Fair Use Exception?
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What is required for a trademark to remain protected after its initial registration?
What is required for a trademark to remain protected after its initial registration?
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Which element is NOT necessary for forming a valid contract?
Which element is NOT necessary for forming a valid contract?
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What type of liability is associated with inherently dangerous activities?
What type of liability is associated with inherently dangerous activities?
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Which scenario best exemplifies intentional interference with a contract?
Which scenario best exemplifies intentional interference with a contract?
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What duration of protection does a copyright provide for corporate authorship?
What duration of protection does a copyright provide for corporate authorship?
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Study Notes
Jurisprudence and Legal Principles Overview
- Laws are classified into statutes (federal or state laws like tax or criminal codes), ordinances (local municipal/county laws like zoning), case law (court decisions interpreting statutes), and common law (law developed through prior judicial decisions).
- Jurisdiction can be state or federal; state-related matters include property and family law, federal cases involve the Constitution or disputes between states; concurrent jurisdiction is shared authority between state and federal courts. Exclusive jurisdiction means only one court (state or federal) has authority (e.g., federal tax disputes). General jurisdiction courts hear a broader range of cases (like state trial courts).
- Further, Federal court jurisdiction can arise where a case involves a federal question (e.g., constitutional issues), or it involves issues of diversity of citizenship (disputes between people from different states with claims exceeding $75,000). Original jurisdiction refers to the authority to initially hear cases, this is often the case for trial courts. Appellate jurisdiction involves the authority to review already decided cases.
- Courts follow the principle of stare decisis, adhering to prior decisions (precedent), unless the precedent proves outdated or unjust, or the facts of a case are significantly different.
- Legal remedies involve monetary compensation (e.g., compensatory, punitive damages), while equitable remedies offer non-monetary relief (e.g., injunctions, specific performance). Dispute resolution can resort to mediation (neutral third party facilitating negotiation) or arbitration (neutral decision-maker).
- The burden of proof can vary depending on the nature of the case (civil vs. criminal); in civil cases the plaintiff needs to prove their case by preponderance of evidence (more likely true than not), whereas in criminal cases the prosecutor needs to prove guilt beyond a reasonable doubt.
Rules of Civil Procedure
- Basic civil procedure includes issuing a summons (notification to a defendant of a lawsuit), filing a complaint (initial outline of a plaintiff's case), and undertaking discovery (evidence exchange before trial, including depositions and interrogatories).
Corporations and Jurisdiction
- Corporations are considered citizens of their state of incorporation and place of business. Court jurisdiction over corporations depends on sufficient ties to the forum state.
- Long Arm Statutes allow courts to exercise jurisdiction over out-of-state defendants who have minimum contacts with the state. Parties may agree on jurisdiction in the contract (e.g., choice of law or forum clauses).
Constitutional Clauses and Principles
- The Supremacy Clause establishes that federal law supersedes conflicting state laws ensuring uniformity in the application of federal statutes.
- The Commerce Clause grants Congress authority to regulate interstate and foreign commerce; it's essential for federal regulation of businesses and economic activities.
- States have police powers to regulate for public safety, health, and welfare (e.g., zoning, public health laws).
Key Amendments
- The First Amendment guarantees freedoms of speech, religion, the press, assembly, and petition.
- The Fourth Amendment protects against unreasonable searches and seizures, typically requiring probable cause and warrants (except in certain circumstances).
- The Fifth Amendment protects against self-incrimination and double jeopardy, and ensures due process; it also governs eminent domain where the government can take private property for public use with just compensation.
Ethical Theories
- Duty-based ethics focuses on adhering to rules, laws, and duties (e.g., Kantian ethics) and outcome-based ethics considers actions based on consequences (e.g., Utilitarianism).
Crimes
- A crime is any act prohibited by law, punishable by the government. Mens rea (criminal intent) and actus reus (physical act) are both critical elements of a crime. Misdemeanors are less serious offenses punishable by up to one year, contrasted with felonies which are serious crimes punishable for more than a year. White-collar crimes involve non-violent financial crimes like embezzlement or fraud.
Torts
- Intentional torts are intentional acts that cause harm. Fraud, defamation (slander or libel), invasion of privacy, and conversion are examples.
- Negligence involves a breach of duty, causation, and damages
- Defenses to negligence include comparative negligence and contributory negligence.
- Other principles include respondent superior (employers liable for torts of employees within the scope of employment) and strict liability (liability without fault for inherently dangerous activities).
Intellectual Property
- Intellectual property encompasses patents, trademarks, copyrights, and trade secrets, and related concepts, such as fair use.
Contracts
- Contract elements include an offer, acceptance, consideration, legality, and capacity. Contract categories include bilateral (mutual exchange of promises) and unilateral contracts (promise in exchange for performance). Contracts must be performed legally or certain contracts must be in writing to be enforceable (like those for sale of land, contracts to last over a year and sale of goods exceeding $500) to satisfy the statute of frauds. Performance issues include material breach, minor breach and substantial performance where contract duties are nearly met in spite of minor deviations. Contractual remedies can include specific performance, rescission (canceling contract) and damages.
Agency
- Agents act on behalf of principals, creating fiduciary relationships. Agent's duties often include loyalty, obedience, care, and accounting. Parties relating to agency can be either fully or partially disclosed.
Administrative Agencies
- Agencies are government entities created by enabling legislation to regulate specific areas (e.g., EPA for environment or FTC for trade).
- Agencies have quasi-legislative powers (rulemaking), quasi-executive powers (enforcing regulations), and quasi-judicial powers (resolving disputes). Rulemaking procedures often include notice and comment periods.
- Enabling legislation outlines the agency's purpose and scope enabling them to exercise the powers listed.
Employment Discrimination
- Discrimination related to race, colour, religion, sex (including pregnancy, gender identity, sexual orientation), and national origin is prohibited. Examples of protections under the law include against hostile work environments, quid pro quo harassment and protections against age discrimination or disability discrimination. Protected classes receive equal treatment under the law, such as not being subjected to disparate treatment, disparate impact or reasonable accommodations, unless the cause undue hardship to the employer. Employer defenses for discrimination may include bona fide occupational qualifications (BFOQs).
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Description
Explore the fundamental concepts of jurisprudence and legal principles through this quiz. Delve into classifications of laws, jurisdiction types, and the differences between federal and state court systems. This overview is ideal for law students and anyone interested in understanding the legal framework in place.
