BLAW Study Guide
1. Difference between
a. Common law – results from appellate court decisions and based on precedent (court made)
b. Statutory law- results from legislation
2. Difference between
a. Question of law- example is admissibility of evidence, b. Question of fact- example whether a defendant was negligent
3. What is supreme law of land?
a. US Constitution
a. The power of a court hear and decide a case is referenced as
a. a appropriate location for trial
6. Who promulgates procedural rules for the courts?
a. High courts of state
7. What is meaning judicial review?
a. act as a check on legislative and executive branch from judicial branch
8. What are some examples of exclusive jurisdiction of federal courts?
a. Article 1 section 8, federal statues/ hobbs act; a case that cannot be tried in state court, federal crime. May be a corresponding state statue, but two diff crimes. Either state or federal independently.
b. Examples: federal crimes, bankruptcy, patents, and copyrights
9. What is meant by
a. In personam- jurisdiction of people If you want to learn more check out What role does congress play in administrative agencies?
b. In rem- jurisdiction of property
10. What is
a. Original jurisdiction- trial courts
b. Appellate jurisdiction- do not hear testimony from
11. What is concurrent jurisdiction?
a. when federal and state course can here same case; a state court can here a case where a federal question involved can go from state to federal
12. What constitutional requirement is satisfied when a citation is served on a defendant in a civil case?
a. Procedural Due process 5th (federal) and 14th (state) amendment
13. In litigation, what is meant by discovery? If you want to learn more check out What is the scientific study of the relationship between human physical characteristics and criminality?
a. Parties seek to determine what evidence there is to prove the facts in the dispute (can be expensive)
14. In what bodies of law are underpinnings found? a. All of them, evidence law, contract law, tort law 15. What is difference
a. Fact witness-cannot give an opinion, just states what happened
b. Expert witness-can give opinion because expert 16. What is meant of burden of proof in
a. Civil case- the plaintiff has the burden of providing the theory of recovery by a preponderance of the evidence a. Criminal case- the state has the burden of providing the defendant’s guilt beyond a reasonable doubt If you want to learn more check out Why do we study communication as a field?
17. Arbitration definition
a. an arbitrator makes a decision on the merits and may be conducted before a single arbitrator or a panel
18. Mediation definition
a. the final result is based on an agreement (or failure to agree) by the parties
19. Privileges of Immunities clause
a. If state of Colorado has 2 speed limits one for Colorado residents and Texas people, what are they violating 20. Interstate Commerce Clause
a. the provision in US Constitution which has greater impact on business than any other provision
21. Freedom of Speech
a. Corporations and all have it , Freedom of speech cases generally distinguish between commercial and
noncommercial messages, 1st amendment in Bill of Rights 22. Where is due process mentioned in Constitution a. 5th (federal) and 14 (state)
23. Examples of White Collar crime
a. Embezzlement, bankruptcy fraud, insider trading 24. Most crimes involve which of the following a. Criminal intent and guilty act
25. A deposition
a. is a form of pre-trial discovery and is sworn testimony before a court reporter prior to trial
26. Requests for production
a. are a form of pre-trial discovery If you want to learn more check out What is prosperity & life in urban america?
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27. Transfer by a debtor in bankruptcy to favored parties or who fraudulently conceal propert
a. can amount to commission of a crime