LAS 101

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LAS 101
2012-05-27 02:16:21
Intro Law Paralegal

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  1. What form of Law is the US legal system built on?
    What state is the exception?
    • Common Law
    • Louisiana
  2. Define Common Law
    Standardized court system with a reliance on trial by jury, precedents, writs and equity.
  3. Define Stare Decisis
    to stand by that which is decided - precedents.
  4. What is an injunction?
    Court order preventing or terminating injurious conduct.
  5. Define Equity
    From Aequitas meaning justice or equality. Fairness.
  6. Define the Writ of Habeas Corpus
    Show the body. Show just cause for holding a person in custody.
  7. Define Standing.
    Plaintiff must show actual or imminent injury or damage to sue
  8. What are Enumerated Powers in reference to the Constitution? What does this mean?
    Article I, Section 8 of the Constitution contains the Enumerated Powers of Congress. Congress alone has the right to make all laws which shall be necessary for executing these powers.
  9. What is a paralegal?
    A person qualified by education, training, or work experience who is employed by a lawyer or other entity who performs specifically delegated substantive legal work, for which a lawyer is responsible.
  10. What can't a paralegal do?
    • accept cases
    • cannot give legal advice
    • cannot negotiate for clients
    • cannot represent clients in court
    • cannot set fees
  11. What can a paralegal do?
    • client interviews
    • locate and interview witnesses
    • conduct research
    • draft documents for atty review
    • draft correspondence and pleadings for atty review and signature
    • summarize depositions etc for atty review
    • can attend various legal proceedings with the atty
  12. What is the function of the Appellate Court?
    to correct legal errors made by lower courts.
  13. What branch of government is responsible for making laws?
  14. What branch of Government is responsible for interpreting laws?
  15. What is an example of a case of exclusive jurisdiction of the federal courts?
  16. What is the Supremacy Clause of the US Constitution?
    Defined in Article 4 paragraph 2. States that the Constitution and any laws and treaties created by it's authority shall be the supreme law of the land and all judges bound thereby.
  17. What is the U.S. Code?
    Volumes of books containing the Laws created by Congress broken down into 50 subjects (titles). U. S. C. A.
  18. What types of cases fall under federal jurisdiction?
    • Constitutional
    • Bankruptcy
    • Federal Law
  19. What courts can hear cases of Diversity of Citizenship actions?
    Either Federal or State - Plaintiff chooses. However; defendant can have it moved.
  20. What is a Writ of Certiorari?
    Request to the Supreme Court to hear a case.
  21. What is the Bill of Rights?
    The first 10 amendments to the Constitution enumerating particular protections for individual liberties.
  22. What is the 1st amendment?
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Govt. for a redress of grievances.

    Freedom of religion, speech, press, assembly and redress.
  23. What is important about the 14th Amendment?
    Contains Equal Protection Clause.
  24. What freedom does the 4th Amendment cover?
    Freedom from unreasonable search and seizures.
  25. What is the Federal Court Structure?
    • 1. U.S. District Court - Trial Court (94 Districts)
    • 2. U.S. Court of Appeals (13 Districts) reviews not retries cases. Will Affirm, Remand or Reverse lower court ruling.
    • 3. U.S. Supreme Court - discretionary review. Must review State Law vs Constitution cases and also has exclusive original jurisdiction in suits between States.
  26. What is the AZ. State Court Structure?
    • 1. Courts of Limited Jurisdiction: Municipal or City Court and Justice Court - limited to criminal misdemeanors, violation of city code and injunctions against harassment. Civil cases less that $10K and traffic violations.
    • 2. AZ Superior Court: Court of general jurisdiction, trial court and Appellate Court for Municipal and Justice Courts.
    • 3. AZ Appeals Court: 2 branches and judges appointed by Governor.
    • 4. AZ Supreme Court: Discretionary jurisdiction, 5 judges appointed by Governor. Must review death penalty cases directly from Superior Court. In Charge of State Bar and regulating attorneys.
  27. What are the Articles of Confederation?
    • Article I creates Legislature
    • Article II creates Executive
    • Article III creates Judiciary
  28. Definition of LAW
    Law is a system or enforceable rules adopted by a controlling body to govern the conduct of society.
  29. Natural Law
    Natural rights theory - emphasizes individual's right to make personal choices as long as those choices don't interfer with another's rights.
  30. Legal positivism
    emphasizes the institutional rule of law and which distinguishes law from morality.
  31. Socialogical jurisprudence
    promotes society's values as the measuring stick for right and wrong; it evaluates a legal rule by looking at its social effect.
  32. Legal realism
    philosophy which determines what reasonable people would do in a given situation and then sanctions that conduct.
  33. Substantive Law
    legal rule which creates or defines rights and duties.
  34. Procedural Law
    complements substantive law by providing mechanisms to enforce substantive rights and duties.
  35. Public Law
    rules involving the relationship of govt to society
  36. Private Law
    rules which involve the relationship of private individuals. Most civil law.
  37. Criminal Law
    rules designed to protect society by providing minimum standards of conduct which must be observed by each of its members.
  38. Felony
    crime where the maximum possible punishment is either death or imprisonment for 1 year or more.
  39. Misdemeanor
    crime for which the maximum possible sentence is either a fine or imprisonment for less than a year.
  40. Civil Law
    legal rules which focus on the rights and duties of individuals in relation to each other.
  41. Tort
    wrongful act for which the law provides a remedy, typically monetary. Can be: Intentional (assault), unintentional (negligence) and strict liability (defective products)
  42. Remedy at law
    seeks damages (money)
  43. remedy in equity
    requests a specific act eg: injunction, rescission, reformation, or specific performance
  44. Institutional Sources of Law
    Constitution, Administrative Rules and Regs, Uniform State Laws and Model acts, Common Law.
  45. Due process
    fundamental fairness
  46. Subject matter jurisdiction
    the type of case which a court is authorized to hear
  47. Limited jurisdiction
    Federal courts are courts of limited jurisdiction - they cannot hear every type of case presented, only those listed in it's creating provision or statute.
  48. Exclusive jurisdiction
    only that court can hear certain cases eg: bankruptcy can only be heard by the Federal Bankruptcy court.
  49. Concurrent jurisdiction
    more than one court can hear the case
  50. In Rem Jurisdiction
    in relation to the thing - the subject matter of the suit relates directly to property located within the court's geographic boundary lines.
  51. Comity
    respect for the laws of other nations.
  52. Replevin
    requires return of of specific personal property to the defendant's possession
  53. Ejectment
    requires return of specific real property to the defendant's possession
  54. Equitable remedies
    fashioned by courts to achieve fairness when legal remedies are inadequate for that purpose.
  55. Restitution
    focuses on the defendant's gains - prevents defendants from profiting by their wrongful conduct.
  56. The federal bankruptcy court is an Article III court. T/F
  57. Judges of hte federal district court are appointed by the president, with approval by the Senate. T/F
  58. Only the U.S. District Court has jurisdiction to hear cases involving foreign ambassadors. T/F
  59. Most uniform laws originated from the National Conference of Commissioners on Uniform State Laws. T/F
  60. Civil Law has existed since before the time of Christ. T/F
  61. The U.S. Supreme Court may hear appellate cases by
    a. writ of certiorari
    b. appeal of right
    c. writ of mandamus
    d. two of the above
    e. all of the above
    d. two of the above
  62. Treaties between the U.S. and foreign nations are signed by the president and ratified by
    A. the House of Representatives
    B. both houses of Congress
    C. no ratification is necessary
    D. the Senate
    D. the Senate
    (this multiple choice question has been scrambled)
  63. If KY wishes to file suit against TN for violation of an interstate compact, the suit may be filed in the
    A. Any one or more of these
    B. state court of either KY or TN
    C. US District Court
    D. US Supreme Court
    D. US Supreme Court
    (this multiple choice question has been scrambled)
  64. Decisions of administrative agencies must be supported by
    A. proof beyond a reasonable doubt
    B. substantive evidence
    C. a preponderance of evidence
    D. clear and convincing evidence
    B. substantive evidence
    (this multiple choice question has been scrambled)
  65. A maxim of equity courts is that "one who comes into equity must come with a clean heart" T/F
    False (clean hands)
  66. Rules adopted by administrative agencies are classified as statutory law. T/F
  67. A person who commits murder may be prosecuted either in federal court or in state court. T/F
  68. Diversity jurisdiction in federal district court requires
    A. citizens from different states and an amount in controversy of $75,000.00
    B. citizens from different states and an amount in controversy of more than $75,000.00
    C. citizens from different states and an amount in controversy of not less than $75,000.00
    d. none of the above.
    B. citizens from different states and an amount in controversy of more than $75,000.00
    (this multiple choice question has been scrambled)
  69. A jury of twelve peers in civil cases is
    a. required by the Supremacy Clause of the Constitution
    b. required by the Sixth Amendment of the Constitution
    c. required by Article III of the Constitution
    d. none of the above
    d. none of the above
  70. A distinguishing feature of equity courts is that
    A. they have contempt powers.
    B. their decisions are not subject to appeal
    C. they are established by specific statute.
    D. no jury trials are allowed.
    D. no jury trials are allowed.
    (this multiple choice question has been scrambled)
  71. The principle of stare decisis prevents a court from deviating from rules of precedent set in prior cases. T/F
  72. Notice of suit issued by the court to a defendent
  73. A bill of attainder is a law directed against a particular person or against a particular group and is forbidden specifically by Article I of the Constitution. T/F
  74. The right of privacy is contained in the Third Amendment of the constitution. T/F
  75. Arbitration is binding upon the participants, but mediation is not binding. T/F
  76. A uniform law is a law that is identical in each of the fifty states. T/F
  77. The term adjective law and procedural law are synonymous. T/F
  78. Which of the following never can be waived by the parties or by the court?
    A. jury trials in criminal cases
    B. personal jurisdiction
    C. subject matter jurisdiction
    D. minimum contacts
    C. subject matter jurisdiction
    (this multiple choice question has been scrambled)
  79. The doctrine by which powers are divided between the federal government and the states is called separation of powers. T/F
  80. Congress may reduce or enlarge the subject matter jurisdiction of the United States District Court. T/F
  81. Dan learns that Mary Lou plans to distribute brochures portraying him as a thief and a cheat, which are untrue statements. Dan's most viable remedy is
    A. a criminal charge for misprision of a felony
    B. a suit for damages based on libel
    C. an injunction
    D. a suit for damages based on slander
    B. a suit for damages based on libel
    (this multiple choice question has been scrambled)
  82. Copyright eases are appealed to the
    A. US Ct of App for the D.C. Circuit.
    B. US Ct of App for the circuit in which the federal trial court is located
    C. US Ct of Patent and Trademark Appeals
    D. US Ct of App for the Federal Circuit
    D. US Ct of App for the Federal Circuit
    (this multiple choice question has been scrambled)
  83. Two sources of primary law are
    A. legal refernce and clerks of courts
    B. US S Ct and case law
    C. legislation and statutory law
    D. court decisions and legislative enactments
    D. court decisions and legislative enactments
    (this multiple choice question has been scrambled)
  84. The Supreme Ct and District Ct have concurrent, original jurisdiction of matters involved foreign ambassadors. T/F
  85. The US Constitution requires a state to give full faith and credit to the laws of sister states. T/F
  86. Uniform laws are those statutory laws that have been adopted in substantially the same form in all 50 states. T/F
  87. An administrative agency may adopt statutes that fit within the authority established by its enabling act. T/F
  88. Federal courts exercise
    A. a and c.
    B. general jurisdiction only
    C. limited jurisdiction only
    D. exclusive jurisdiction only
    C. limited jurisdiction only
    (this multiple choice question has been scrambled)