Section 1

Preview this deck

Comments contained in judicial opinions that are not necessary to the decision of the case are called:

Front

Star 0%
Star 0%
Star 0%
Star 0%
Star 0%

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Active users

0

All-time users

0

Favorites

0

Last updated

2 years ago

Date created

Mar 1, 2020

Cards (112)

Section 1

(50 cards)

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

Back

what are the five pretrial stages of a lawsuit

Front

pleadings, motions attacking pleadings, discovery, pretrial conference, pretrial motions

Back

Section 3

(12 cards)

What are advantages of stare decisis?

Front

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

Back