CP Exam - General Law Section

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Definitions for General Law; NALA Review; CP, CLA, paralegal, legal assistant, exam, review

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Case of First Impression: A case where there are no applicable statutes and no precedents in the case law of the jurisdiction.
Philosophies of American Law: School of thought concerning the purpose of law and how it should operate
Liquidated Damages: Arises in contact cases only and are agreed upon at the time the contract is made; reasonable estimate of losses in the event of breach.
U.S. Supreme Court Exclusive Jurisdiction: Over actions involving two or more states.
Concurrent Jurisdiction: Means that more than one court is authorized to hear a specific type of case.
Civil Law: Those legal rules which focus on the rights and duties of individuals in relation to each other.
Amendment 14 to the Constitution: Prohibits States from making or enforcing any laws which diminish the privileges and immunities of any citizen; requires due process of law and equal protection under the law.
Civil Law Remedies: Are remedial, grant a remedy to enforce a right.
Criminal Law: Rules designed to protect society by providing minimum standards of conduct which must be observed by each of its members.
Ripe: There must be an actual, full-blown dispute.
Bill of Rights: First 10 amendments to the Constitution
U.S. District Court Jurisdiction: Original jurisdiction over cases involving federal question and diversity of citizenship cases
Equal Protection Clause: 14th Amendment to the Constitution
Public Law: Consists of rules which involve the relationship of government to society as a whole.
United States Constitution: Written agreement which unites the states as one cohesive nation and is the supreme law of the land.
Ex Post Facto Law: Article I forbids a law which defines conduct as a crime, after the fact.
Court of Appeals for the Federal Circuit: Exclusive appellate jurisdiction over all cases involving copyright, patent, trademark and plant variety protection as well as U.S. Claims Court, U.S. Court of International Trade and U.S. Court of Veterans Appeals
Writ of Habeas Corpus: Article I of the Constitution forbids Congress from suspending the writ of habeas corpur except during rebellion or invasion.
Lex loci delicti commissi: State where the wrong was committed
Article II of the Constitution: Vests executive power in the President.
Compensatory Damage: Focus on the Plaintiff's loss; may consisit of general, special or consequential damages
Judgment: Final order in a law action
3rd Amendment: No soldiers quartered in private homes in time of peace.
Stare decisis: Process used by judges to analyze past cases to determine if there are any similar facts and issues present.
Choice of Law: Conflicts of law questions
Lex Loci Solutionis: Law of the State where the contract was to have been performed
5th Amendment: No double jeopardy or self-incrimination in criminal cases; guarantees due process of law and just compensation when private property is taken.
Court of Appeal Jurisdiction: Final decisions of the U.S. District Court except those involving cases within the exclusive appellate jurisdiction of the Court of Appeals for the Federal Circuit
Moot: An issue has become irrelevant or academic at any stage of the proceeding, including appeal.
2nd Amendment: Right to bear arms.
Substantive Law: Legal rule which creates or defines rights and duties.
Felony: Crime for which the maximum possible punishment is either death or imprisonment for one year or more.
Substantive Due Process: Requires fundamental fairness in the content of the statute or rule.
Remedy in Equity: Typically requests a specific act.
Declaratory Judgment: Is a suit which asks the court to declare the rights of parties in an impending dispute.
Treason: An attempt to overthrow the government (U.S. Const. Art. 3)
Specific Performance: An equitable remedy available only in contract cases; available when the subject matter of the contract is unique and the only way to make the disappointed buyer whole is to award her the benefit of the contract.
Punitive Damages: Monetary award to injured party as punishment.
Nominal Damages: A minimum award to vindicate a right which has been violated but no monetary loss occurred
U.S. Claims Court: Hears claims of citizens against the government based upon federal law or contract
Significant Relationship Rule: The court applies the substantive law of the place having the most significant contacts with the occurrence or event.
Misdemeanor: A crime for which the maximum possible punishment is a fine or imprisonment for less than one year.
Arbitration: Third party dispute resolution without litigation where the decision of the arbitrator is binding on the parties.
Parental Immunity: Insulates a parent from suit by unemancipated children in the area of child rearing and discipline.
Lex Loci Contractus: The law of the State where the last act occured which was required to create a binding contract.
Jurisdiction: The power or authority of a court to hear a specific case.
Mediation: Third party dispute resolution where the decision is non-binding on the parties.
In Rem: In relation to the thing
Charitable immunity: Insulates a charitable organization from tort actions.
Quasi In Rem Jurisdiction: Arises when subject matter of the suit does not relate to property in the court's jurisdiction, but the defendant has property in the court's jurisdiction which can be used to satisfy the judgment.
Rescission: Equitable remedy available only in contract cases in that it voids the underlying contract.
Private Law: Consists of rules which involve the relationship of private individuals to each other.
Erie Doctrine: Announced that there is no federal common law.
Federalism: When a state law directly conflicts with a federal law on the same subject, federal law controls.
6th Amendment: Right of accused to speedy trial and to assistance of counsel.
U.S. Tax Court: Hears taxpayer challenges to tax deficiency determinations issued by the IRS
Bill of Atttainder: Article I forbids law directed against a specific person or group specifically prohibited by Article I of the constitution
U.S. Court of International Trade: Hears disputes between citizens and the government based upon import and export matters.
Separation of Power: Divides governmental power between three branches (executive, legislative and judicial)
Equitable Remedies: Fashioned by courts to achieve fairness when legal remedies are inadequate.
Strict Liability: Example: defective product sold to the public.
Secondary Law: Also called persuasive law.
Conflics of Law: Where the facts of a case occur in a state other than the forum state or when the facts of a case occur in more than one state.
8th Amendment: No excess bail or fines; no cruel or unusual punishment
Reformation: is sought to correct errors in a document evidencing a contract or in a deed of conveyance.
Intentional Tort: Example: Assault, battery, conversion, false improsonment, negligence, trespass
Legal Realism: Determines what reasonable person would do in a given situation and then sanctions that conduct.
Contractual immunity: Insulates parties by allowing enforcement of an exculpatory clause on a case-by-case basis.
U.S. District Court Concurrent Jurisdiction: Suits against the U.S. or its officers (concurrent with U.S. Claims Court up to $10,000)
Police Power: Each state is allowed to regulate itself in any area affecting the general health, safety and welfare of its citizens.
Subject Matter Jurisdiction: Relates to the type of case which a court is authorized to hear (can never be waived by court or parties)
7th Amendment: Right to a jury trial in civil cases over $20
4th Amendment: No unreasonable search and seizure.
Federal Question Case: An action arising under the Constitution, laws or treaties of the U.S.
United States Supreme Court: Court of last resort in the American legal sytem; has nine justices appointed for life.
Ejectment: Requires return of specific real property in the defendant's possession
Procedural Law: Sometimes called Adjective Law, complements substantive law by providing the mechanism to enforce substantive rights and duties.
Court of Chancery: King's Court of Equity
U.S. Supreme Court Concurrent Jurisdiction: Over actions involving ambassadors, public ministers, etc.; disputes between U.S. and a state; and action by a state against citizens of another state or against aliens.
Sociological Jurisprudence: Promotes society's values as a measuring stick for right and wrong; evaluates legal rule by looking at its social effect.
Replevin: Requires return of specific personal property in the defendant's possession
Unintentional Tort: Example: Negligence; or based upon strict liability
Sovereign immunity: Insulates a government from tort liability.
Comity: Relates to the recognition of the public acts of one nation by another nation.
Personal Jurisdiction: Refers to the Court's power or authority over the parties to the litigation.
Appellate Jurisdiction: Means that the court is authorized to review decisions of an inferior court.
Res Judicata: Final judgment has been rendered in a case; prohibits litigation based on the same facts between the same parties be filed again.
Legal Positivism: Emphasizes the institutional rule of law and which distinguishes law from morality
In Res: The property, or thing
10th Amendment: States retain powers not delegated under the Constitution and not prohibited by it to the States.
U.S. District Court: The trial court for the federal court system
Exclusive Jurisdiction: Means that no other court has the power of hear this type of case.
Limited Jurisdiction: A court cannot hear every type of case presented to it - only the types of cases which are listed in its creating constitution or statutory provision.
Remedy at Law: Typically seeks monetary damages.
Original Jurisdiction: Means the trial court for those types of cases specified in its creating constitutional provision or statute.
Article IV: Request that full faith and credit shall be given in each State to the public acts, records and judicial proceedings of each other State.
Long Arm Statutes: Allows a court to reach across state boundary lines to reach a defendant and to require him to defend himself in the forum state.
Tort: The wrongful act (or breach) for which the law provides a remedy (typically in the form of monetary damages).
Mitigate: Party must take reasonable steps to minimize his losses.
Tolled: Statute of limitations are put on hold.
Federal Magistrate Court: Assists the U.S. District Court in areas such as minor cases if the parties consent; conducting preliminary hearings in criminal cases and conducting pretrial conferences in federal civil case.
Decree: Final order in an equity action
Venue: Refers to the place of trial, or more specifically, the location within a particular judisdiction where trial should take place (usually in the place where the claim arose, where the defendant resides or where the defendant either has a place of business or an agent.
U.S. Court of Military Appeals: Hears appeals from the Courts of Military Review
Bankruptcy Court: Original jurisdiction in all bankruptcy matters and in some civil or criminal matters relating to debtors.
Restitution: Focuses on the defendant's gains rather than the plaintiff's losses; prevents a defendant from profiting by their wrongful conduct
Standing: Parties to suit must be personally and immediately affected by the issues of the suit.
Article I of the Constitution: Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.
Primary Law: Carries the greatest weight in the decision-making process and includes constitution, statutes, administrative rules and regulations and case law of the state.
U.S. Supreme Court Jurisdiction: Appellate jurisdiction of all U.S Court of Appeals and each state's highest appellate court
U.S. District Court Exclusive Jurisdiction: Any action for admiralty, maritime, price cases or suits brought by the U.S., its agencies or officers; bankruptcy; copyright, patent, trademark and plant variety; improper collection of Internal Revenue and customs duties; civil rights; affecting ambassadors, public ministers and consuls
Article II of the Constitution: Grants judicial review to the United States Supreme Court (and such other inferior federal courts as Congress may establish).
Mandatory Law: Primary law to the extent that it relates to the facts and issues of the pending case; it must be followed in the pending case.
U.S. Court of Veterans Appeals: Reviews decisions of the Board of Veterans Appeals
Contract: Enforceable agreement between two or more parties (requires offer, acceptance, consideration)
Diversity of Citizenship: Civil action between the citizens of different states where the matter in controversy exceeds $50,000
Statute: Written law enacted either by Congress or a state legislature which must comply with the Federal Constitution.
Persuasive Law: May assist a court in reaching a decision in a pending case, but it need not be followed if the court does not wish to.
Natural Law: Philosophy which emphasizes the individual's right to make personal choices as long as they do not interfer with another's right to make personal choices
1st Amendment: Freedom of religion, speech and press; right to assemble and right to petition the government.
Lex Fori: The law of the State where suit is filed
General Jurisdiction: Means a court can hear any type of case presented to it unless exclusive jurisdiction has been granted to some other court for a particular type of case.
Express Contract: Written contract specifically stating the terms of the agreement
Injunction: A personal order to a respondent to do or not do a specific act.
9th Amendment: Constitutional powers do not diminish rights retained by the people.
Overbreath: The content of a statute is fundamentally unfair when it is overly broad.
Statute of Limitations: Time limit fixed by the legislature within which a civil action in a certain type of case must be filed.
Precedent: When stare decises reveals that one or more cases are found, the present case must be decided in the same way.

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