Legal Business Class Notes PDF - Exam Questions

EXAM ONE The attorney-client relationship The American legal system (jurisdiction and civil procedure) Constitutional Law Some questions will ask you to APPLY the rules in a hypothetical situation, so be sure you understand them and haven’t just memorized them. 1. ​ How does an attorney...

EXAM ONE The attorney-client relationship The American legal system (jurisdiction and civil procedure) Constitutional Law Some questions will ask you to APPLY the rules in a hypothetical situation, so be sure you understand them and haven’t just memorized them. 1. ​ How does an attorney-client relationship form? Does it have to be in writing? Does it have to involve payment? If you are the only one paying the lawyer, does that always make you the lawyer’s client? The attorney client relationship forms when an attorney agrees or gives advice. It doesnt have to be in writing or involve payment. It has to be between one person and the attorney or their privilege has been broken. If you are the only one paying the lawyer it does NOT make you the lawyers client. Everything in an attorney client relationship must stay between them. 2. ​ Sometimes a company uses an in-house legal team (lawyers who are full-time employees), and has many employees who often ask work-related questions of the in- house lawyers. When that happens, who is almost always the main client of the in-house lawyers? Is it an individual employee, or the company itself? It is always the company itself 3. ​ What is attorney-client privilege? Does it have to be a confidential communication? Attorney client privilege is the confidentiality of their relationship 4. ​ What does “privileged from discovery” mean? They have the right to protect information from discovery 5. ​ If you are represented by a lawyer in connection with a dispute, and a different lawyer (who represents the person you have the dispute with) contacts you about the dispute, what should you say to that person’s lawyer? Nothing at all 6. ​ What does “Esq.” tell you about a person’s job? 7. ​ Explain the crime/fraud exception to attorney-client privilege. 8. ​ What is a fiduciary duty? (Fiduciary duties are going to come up again when we study corporations.) The lawyers duty to not go against the client and always act benefitting them 9. ​ What does the obligation of candor to the tribunal require from lawyers? It means that the lawyer cannot knowingly make false statements to the tribunal and a tribunal is a court of justices, jury, and judges 10. What is Personal (or “in personam”) Jurisdiction? What does it mean to say a person or company must have “minimum contacts” with a state such as Virginia for it to be fair to require that person to come to Virginia and answer a claim in Virginia court? Personal jurisdiction is whether the court has jurisdiction of you. If the person has minimum contacts such as is a resident of the state, then the court has minimum contacts and will have jurisdicstion over you. 11. What is Diversity Jurisdiction? Everyone will be treated the same even if they are from a different state 12. What are Rules of Procedure? How the cases are handled. In the procedure the plaintiff files a complaint and the defendant answers 13. What is a summons and complaint? And what should you do if you receive one? A summons and complaint is a legal notice that you are required to show up to court for a lawsuit. You must answer if you receive one. 14. What is a default judgment? It allows the plaintiff to be ruled in favor of the plaintiff if the defendant receives the complaint and doesnt show up 15. What does “statute of limitation” mean? If your defense to a civil lawsuit is that the claim is too old (the statute of limitation has run) then when do you have to tell the court about that claim? What happens if you don’t tell the court about the statute of limitation defense (that is, that the claim is too old) in time? Statue of limitation is the time frame in which you can take a case to court. If you dont tell the court about the claim and the defense has to go through with it it will be bad 16. What does “venue” mean, and who decides what the correct venue is for a lawsuit? Venue is the location where the case will be heard in court. The plaintiff usually chooses it when filing a lawsuit 17. What is a “litigation hold”? A hold of evidence to preserve it 18. What does “spoliation of evidence” mean? Evidence was spoiled or destroyed to hide evidence 19. What is an “adverse inference” that a judge can allow when evidence is destroyed? The judge can instruct the jury to assume that the evidence was destroyed for a reason 20. What is “discovery” in the context of a lawsuit? What is its purpose? When a party seeks documents and information in a lawsuit, what kinds of places are they allowed to look for it? Discovery is when the defense hands over evidence so the plaintiff side can review all of it. They are allowed to look everywhere 21. Who makes decisions about what law applies in a lawsuit? A judge 22. What does the term “precedent” mean when applied to a legal decision? Why are precedents important? A decision made in a previous case that are basically made into templates that serve as a guide or authority for future decisions of how law is applied. Precedents are important because they ensure consistency, predictability, and fairness in the legal system. 23. What is the role of a jury in a lawsuit? The role of a jury in a lawsuit is to determine the facts of the case. The jury listens to the evidence presented by both parties, evaluates witness credibility, and decides what actually happened. Based on their findings, the jury applies the law as instructed by the judge to reach a verdict, such as determining liability in a civil case or guilt in a criminal case. 24. What is a forum selection clause? Contract agreement to specify the court & location where disputes coming from can be resolved 25. What is a choice of law clause? A contract agreement that specifies which law will be applied to resolve disputes that arise under a contract  26. What does “arbitration” mean? What are some differences between arbitration and litigation (lawsuits through the court systems)? Doing something within a lawsuit but you're not in court. decided by a 3rd person party. Arbitration is a process where a neutral third party (the arbitrator) hears a dispute and makes a binding decision outside of the court system. It is a private, alternative dispute resolution (ADR) method. 27. What is an arbitration clause? Provision in a contract that mandates disputes that arise under it to be resolves with arbitration 28. What does the Supremacy Clause require? requires federal law to take precedence over state law in most cases 29. What does Judicial Review mean? Judicial review is the power of a court to review the actions of the legislative and executive branches and determine whether those actions are constitutional. If a law or government action is found to violate the Constitution, the court can invalidate (strike down) that law or action. Judicial review is a key principle in checks and balances, ensuring that no branch of government exceeds its authority. 30. What is the Commerce Clause? How does it allow Congress to act? The Commerce Clause is a provision in the U.S. Constitution (Article I, Section 8, Clause 3) that gives Congress the power to regulate trade (commerce) among: ​ The states (interstate commerce) ​ Foreign nations ​ Indian tribes How It Allows Congress to Act: The Commerce Clause allows Congress to pass laws regulating economic activities that affect trade between states or with other countries. It has been interpreted broadly, enabling Congress to regulate businesses, transportation, labor practices, and other economic matters that impact interstate commerce. Example: Congress can regulate trucking, banking, and products sold across state lines because they affect trade between states. 31. What is the “case or controversy” requirement for bringing a lawsuit? There must be injury. The “case or controversy” requirement means that a court can only hear actual, ongoing legal disputes where: 1.​ A real conflict exists between parties. 2.​ The plaintiff has suffered an actual injury or is facing an imminent threat of harm. 3.​ The court’s decision can provide a meaningful remedy. Key Points: ​ Hypothetical, advisory, or abstract questions are not allowed. ​ The requirement ensures courts resolve real disputes, not give opinions on theoretical issues. ​ It is based on Article III of the U.S. Constitution, which limits federal courts to hearing “cases” and “controversies.” 32. What protections are included in the First Amendment? Free speech, religion, press, protest, and assembly 33. What protections are included in the Fourth Amendment? unwarranted searches and seizures, requires probable cause for warrants. 34. The Fifth Amendment protects against deprivation of “life, liberty or property” without due process of law. What does this mean? The Fifth Amendment’s Due Process Clause means that the government cannot take away a person’s life, liberty, or property without following fair legal procedures. Key Points: ​ Life – Protection from unfair actions that could result in death (e.g., capital punishment). ​ Liberty – Protection of freedom (e.g., from imprisonment) without a fair trial. ​ Property – The government cannot take your property (e.g., through fines, taxes, or eminent domain) without proper legal steps and just compensation. Due Process Includes: ​ Notice – You must be informed of the government’s actions against you. ​ Fair Hearing – You must have a chance to respond and defend yourself. ​ Impartial Decision-Maker – The process must be fair and unbiased. 35. The Fifth Amendment protects citizens from being required to testify against themselves (against self-incrimination). What does this mean, when someone is asked questions under oath about a matter which is being criminally investigated against them? The Fifth Amendment protection against self-incrimination means that a person cannot be forced to testify or provide statements that could be used to prove their guilt in a criminal case. 36. What does “state action or private action?” mean, in the context of a claim for violation of constitutional rights? “State action or private action” refers to whether the conduct that allegedly violated someone’s constitutional rights was done by the government (state action) or by a private individual or business (private action).