Comments contained in judicial opinions that are not necessary to the decision of the case are called:
Front
Obiter Dicta
Back
The function of the grand jury is to:
Front
Determine if there is sufficient evidence to bring someone accused of a crime to trial
Back
what are the 3 levels of state court systems?
Front
trial courts, appellate courts, and supreme courts
Back
Pat loses a lawsuit against Chuck. After the trial, Pat files a motion stating that even if the evidence is viewed in the light most favorable to Chuck, a reasonable jury should not have found in Chuck's favor. This is a motion for:
Front
judgment j.n.o.v.
Back
what are rules regarding trial judges?
Front
Oversees the litigation process. Must avoid appearance of impropriety. Should recuse themselves in any controversy in which they or near relatives have an interest. Must not be swayed by public opinion or personal popularity or be apprehensive of unjust criticism
Back
legislative laws
Front
laws that have been passed by legislative bodies
Back
Sam files suit against Laura. The document that informs Laura that she is required to respond is:
Front
the summons.
Back
Res Judicata
Front
The matter is closed at the conclusion of the lawsuit between the parties themselves - they cannot ask the same or another court to decide the issue again
Back
law comes from what 4 sources?
Front
constitution, legislation, judicial decisions, rules, regulations, and decisions of administrative agencies
Back
In the appeals process, the document submitted by each side arguing the points of law that support its claim that the verdict should (or should not) be overturned is a(n) _____.
Front
Brief
Back
what is procedural law?
Front
rules of evidence and rules concerning legal/court procedure
Back
what is the Doctrine of Separation of Powers
Front
Legislative, executive, and judicial branches of government function independently of one another and each branch serves as a check on the other
Back
The city of Tallahassee enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of a(n) _____.
Front
Ordinance
Back
Kay files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Kay's case, and the relief that Kay seeks is:
Front
The complaint
Back
Diversity of citizenship gives the defendant the right to:
Front
Have a suit filed in state court removed to federal court
Back
Ron files a suit against Delta, Inc., over a contract between them. Before the trial begins, Ron can obtain from Delta:
Front
access to related documents in Delta's possession
Back
what law are torts based on?
Front
the law of the state of injury?
Back
what 4 possible laws are contracts based on?
Front
law of the state where the contract was made, law of the place of performance, the law of the state most involved with the contract, law of the state specified in the contract
Back
Sam files a complaint in a suit against Tina, and she files an answer. At this point, this case may be:
Front
dismissed or settled before the parties enter a coutroom
Back
Jurisdiction of county courts
Front
$15000 or less, traffic offense cases, misdemeanors
Back
Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into him in a busy intersection. Ben must convince the jury that the light was red and that his injuries were caused by the crash. How convinced must the jurors be that Cha is at fault in order to find him liable?
Front
By a preponderance of the evidence
Back
what jurisdiction does small claims court have?
Front
controversies less than $5000
Back
A Florida state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case with no binding authority. The Court can:
Front
not refuse to decide the Eagle case;
Back
what is the hierarchy of laws?
Front
us constitution, federal law, state constitutions, state laws
Back
If the caption of a case appears as "Quality Sales Corp. v. Regional Distribution Co.," the part in whose favor the Court decided is:
Front
either party
Back
A state supreme court decides the case of Standard Co. v. United, Inc. Of nine justices, five believe that the judgment should be in Standard's favor. Justice Terry, one of the five, writes a separate opinion. This opinion is:
Front
a concurring opinion;
Back
what is an ordinance?
Front
a law passed by a city, county, or other local government entity
Back
statute
Front
a law passed by u.s. congress or state legislature
Back
Marbury v. Madison (1803)
Front
The power of courts to declare laws and executive actions unconstitutional
Back
The website of the Florida Courts is which of the following:
Front
http://www.flcourts.org
Back
what is positive law?
Front
law is a command of government
Back
what is common law?
Front
law derived from past judicial decisions
Back
What are judicial pronouncements?
Front
legal statements made by courts based on statutory interpretation or common law
Back
what are conflicts of law?
Front
A body of legal principles used to determine the appropriate law to apply to a litigated case when more than one state is involved
Back
what is a code?
Front
a collection of statutes passed by a legislative body on a particular subject
Back
In complex litigation involving the laws of several states, the state whose law will be used is determined by reference to:
Front
Conflict of laws
Back
Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is:
Front
A counterclaim
Back
what is Legal Realism?
Front
The law is the impact of decisions of those who are charged with administering the law
Back
what is substantive law?
Front
law used to decide disputes
Back
What are the 3 types of law?
Front
Legislative laws, judicial pronouncements, procedural law
Back
Stare Decisis
Front
Doctrine that law should adhere to decided cases and "stand by the decision"
Back
In deciding a case brought in equity, a court would draw upon which of the following sources of law?
Front
Equitable maxims
Back
Kidtoys, Inc., sells a toy truck with a dangerous defect. Phil buys the truck for his son but discovers the defect before the child is injured. Phil files a suit against Kidtoys. Kidtoys could ask for dismissal of the suit on the basis that Phil does not have:
Front
standing;
Back
what are the four sets of Florida's courts
Front
supreme court, district courts of appeal, circuit courts, county courts
Back
natural law
Front
that there is a higher law or a group of universal rules that should bind all human behavior
Back
what is civil law?
Front
codified laws (statutes) as the main source of law
Back
The requirement that someone have a personal stake or interest in the outcome of a case in order to be a plaintiff is called _____ to sue.
Front
Standing
Back
what are the 3 classifications of law?
Front
substantive law, procedural law, public law v. private law
Back
Whether a suit is filed "at law" or "in equity" depends on which of the following?
Front
The remedy the plaintiff is seeking
Back
The federal government and state governments have separate and distinct powers. This arrangement constitutes a(n) _____ separation of powers.
Front
Vertical
Back
Section 2
(50 cards)
Equity courts apply to what laws?
Front
rescission of contracts, injunctions and specific performance on contracts
Back
what is beyond a reasonable doubt?
Front
The prosecution in a criminal case has the burden of convincing the trier of fact that the Defendant is guilty of the crime charged and that the jury has no reasonable doubt about guilt.
Back
when are motions to dismiss typically filed?
Front
on the basis that the Complaint/Petition does not state a claim upon which relief can be granted, but also can be filed on the basis that the Court lacks jurisdiction or the statute of limitations has expired.
Back
what is subject matter jurisdiction?
Front
the ability of a court to resolve a controversy between parties
Back
counterclaim
Front
May be filed by the Defendant if there is a cause of action against Plaintiff. Plaintiff must then file a reply
Back
What is a supersedeas bond?
Front
guarantees payment of costs that may be charged against him/her on the appeal.
Back
What are some grounds for arbitration?
Front
fraud, mutual mistake, or lack of capacity
Back
what is the motion for summary judgment?
Front
Summary judgment is granted if a genuine issue of material fact does not remain and the moving party is entitled to judgment as a matter of law. Evidence outside the pleadings CAN and OFTEN is presented at a hearing (i.e., Affidavits, Exhibits, etc.).
Back
What are some advantages to arbitration?
Front
quicker and less expensive, less hostile, less formal than a trial, decreases caseload for the system
Back
What is arbitration?
Front
the procedure used, as an alternative to litigation, to submit a dispute to one or more third parties who have authority to impose a resolution to the dispute
Back
What are the 3 rules to sue?
Front
Plaintiff must have been or will be directly and personally injured by the Defendant's action;
There must be some threatened or actual injury resulting from the Defendant's action;
Generalized Grievances - harm alone does not typically grant standing to sue!
Back
Preponderance of the Evidence
Front
A party must convince a jury by the preponderance of the evidence (the greater weight of the evidence) that the facts are as contended.
Back
what is a deposition?
Front
Oral questioning under oath. PARTIES and NONPARTIES may be deposed.
Back
what is the motion for judgment on the pleadings?
Front
Court examines PLEADINGS only to determine if a genuine issue of material fact remains. If not, the Court can enter judgment to a party as a matter of law.
Back
in cases involving U.s. Constitution, treaties, and federal statutes, what law is used?
Front
substantive law
Back
what are the steps in the jury selection process?
Front
summoning of potential jurors, questioning prospective jurors to determine their qualifications and biases, any peremptory challenges
Back
when may the court direct a verdict for the defendant?
Front
ONLY if the evidence, taken in the light most favorable to the Plaintiff, establishes as a matter of law that the Defendant is entitled to a verdict.
Back
verdict
Front
Decision of a jury, reported to the court, on matters properly submitted to the jury for consideration
Back
main proceedings of trial
Front
opening statements, plaintiff's presentation of evidence, motion for directed verdict, closing statements
Back
When do many laws and courts require mediation?
Front
either prior to filing suit or prior to setting a trial
Back
what is a complaint?
Front
First pleading / statement of the facts on which the Plaintiff rests his or her case and files a lawsuit in court.
Back
what are the steps to file an appeal?
Front
appelant must file a notice of appeal, a supersedeas bond, the transcript, a bill of exceptions, and prepare a brief
Back
what is a motion for directed verdict?
Front
After Plaintiff rests his/her case. A directed verdict is a decision of the judge that the jury must decide, as a matter of law, in favor of one party and against the other.
Back
What does a brief contain?
Front
a statement of the case, assignment of errors, and legal authorities/argument for the court
Back
How long does appelant have to file a notice of appeal?
Front
within 30 days of judgment or Motion for New Trial
Back
interrogatories
Front
Written questions directed only to a PARTY which are answered under oath
Back
what happens if the motion for directed verdict is denied?
Front
the Defendant presents his/her case.
Back
what is the difference between motion for judgment on the pleadings and motion for summary judgment?
Front
motion for judgment on the pleadings is when all the parties agree on the facts, and the only question remaining is how the law applies to those facts. In the motion for summary judgment, there may still be some facts in dispute
Back
How can you get a motion for a new trial?
Front
A motion for new trial or for rehearing shall be served not later than 10 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action
Back
what happens after the verdict is announced?
Front
a judgment is entered by the judge
Back
What are the different types of discovery?
Front
interrogatories, requests for production of documents, requests for admissions, depositions
Back
Appelate courts can do what 3 things?
Front
affirm the court below, reverse the court below, or remand the case to the court below for a new trial
Back
what are requests for admission?
Front
Requests for admissions or denials of facts under oath, can be served only to a PARTY
Back
what is the pretrial conference?
Front
Often set by Court before trial in order to discuss the possibility of settlement and also to discuss trial procedure
Back
what is Default Judgment?
Front
If the Defendant fails to answer or otherwise appear, the Plaintiff can file for a Motion for Default Judgment, which, in essence, admits all the facts and allegations of Plaintiff's Complaint.
Back
what are requests for production of documents?
Front
Request for documents directed only to a PARTY.
Back
what are peremptory challenges?
Front
objection by a party to a lawsuit rejecting a prosptive juror for which no reason need be given for the objection. these challenges CANNOT be used to exclude a potential juror on the basis of race or gender
Back
what are the four requirements for class action suits?
Front
numerosity, typicality, commonality, and adequacy
Back
Clear and Convincing Proof
Front
Situation where the law requires proof more than the preponderance of the evidence but less than proof beyond a reasonable doubt.
Back
what is a motion to dismiss?
Front
Filed by Defendant on basis that Plaintiff's Complaint does not allege facts sufficient to set forth a cause of action.
Back
an answer
Front
Pleading filed by the Defendant responding to the Plaintiff's Complaint - typically must be filed within 30 days after service on the Defendant. Can also contain affirmative defenses. Certain affirmative defenses MUST BE raised in either the Answer or a Motion (defense of lack of personal jurisdiction and statute of limitations are examples) or otherwise are waived
Back
What are the four pleadings?
Front
complaint, answer, counterclaim, reply
Back
How long does the appelant have to file a supersedeas bond?
Front
within 10 days after notice of appeal
Back
decisions of equity court are called?
Front
decrees
Back
When is a writ of certiorari issued?
Front
When the supreme court decides to hear a case
Back
What is a motion for JNOV?
Front
Requesting Court to find that the verdict is, as a matter of law, erroneous. (Example: Verdict for the plaintiff based upon sympathy).
Back
What is mediation?
Front
the process involving a third party's efforts to help disputing parties reach a settlement
Back
subject matter jurisdiction would not exist for a claim to be heard in small claims court if what?
Front
if the amount in controversy is 6000 and the limit for small claims court is 5000
Back
what is the federal court structure?
Front
u.s. supreme court, congress, 12 circuit courts of appeal, and special courts of appeal
Certainty in the law; Equality in the law; Makes judicial decision making easier.
Back
What are courts of limited jurisdiction?
Front
Courts that are allowed to hear only certain types of cases.
Back
submission
Front
The act of the disputing parties to refer an issue to the arbitration process.
Back
What is sufficient to vacate an arbitration award?
Front
Only clear, precise evidence of fraud, misconduct, or other grave irregularity
Back
What are the procedures in arbitration hearings?
Front
Parties are given notice of time and place of hearing, testimony and evidence is given, arbitrator makes decision, arbitrators are the sole and final judges and are obligated to act fairly
Back
How long after the dispute arises must arbitration be submitted?
Front
six months
Back
What are examples of courts of limited jurisdiction?
Front
Small claims courts have jurisdiction over controversies involving less than $5,000; County Courts have jurisdiction over controversies involving $15,000 or less, and also hear traffic cases, misdemeanor criminal offenses, etc.
Back
When the submission does not restrict arbitrators to decide according to principles of law, what may they do?
Front
they may make an award according to their own notion of justice without regard to the law
Back
What is the award?
Front
the decision of the arbitrator
Back
Do arbitrator's awards set precedents for subsequent litigated disputes?
Front
NO!
Back
In regards to arbitration, judicial action is necessary when:
Front
Party refuses to submit the dispute to arbitration
Party refuses to comply with the arbitrator's award
Back
What are courts of general jurisdiction?
Front
Have the power to hear almost any type of case. Example: Circuit Civil Trial Courts