PRACTICE QUESTIONS AND
COMPLETE SOLUTIONS 5 COPIES
◉ Equity. Answer: Fairness, or a body of principles constituting what is
fair and right.
◉ Criminal law. Answer: The branch of the law that imposes penalties
for wrongs against society.
◉ Civil Law. Answer: A classification of law that applies to legal
matters not governed by criminal law and that protect rights and
provides remedies for breaches of duties owed to others.
◉ Substantive Law. Answer: A classification of law that creates,
defines, and regulates parties' rights, duties, and powers.
◉ Procedural Law. Answer: A classification of law that prescribes the
steps, or processes, for enforcing the rights and duties defined by
substantive law.
◉ Equal Protection Clause. Answer: A part of the Fourteenth
Amendment to the U.S. Constitution prohibiting state laws that
discriminate unfairly or arbitrarily, and requiring equal treatment to all
persons under the like circumstances and conditions.
,◉ National Association of Insurance Commissioners NAIC. Answer: An
association of insurance commissioners from the fifty U.S. states, the
District of Columbia, and the five U.S. territories and possessions,
whose purpose is to coordinate insurance regulation activities among the
various state insurance departments.
◉ Original jurisdiction. Answer: The power of a court in which cases
are initiated to hear those cases.
◉ Diversity jurisdiction. Answer: The authority of federal district courts
to hear cases involving parties from different states that involve amounts
in controversy over a legal minimum.
◉ Writ of certiorari. Answer: An appellate court's order directing a
lower court to deliver its record in a case for appellate review.
◉ Conflicts of law. Answer: A body of law that resolves questions when
states' laws conflict.
◉ Administrative law. Answer: The statutory laws that grant power to
administrative agencies to act and the body of law that is created by
administrative agencies themselves.
◉ Allegation. Answer: A claim made in the complaint by the plaintiff,
specifying what the plaintiff expects to prove to obtain a judgment
against the defendant.
,◉ Complaint. Answer: The allegations made by a plaintiff in a lawsuit.
◉ Pleading. Answer: A formal written statement of the facts and claims
of each party to a lawsuit.
◉ Cause of action. Answer: A plaintiff's legal grounds to sue a
defendant.
◉ Answer. Answer: A document filed in court by a defendant
responding to a plaintiff's complaint and explaining why the plaintiff
should not win the case.
◉ Counterclaim. Answer: A complain brought by the defendant against
the plaintiff.
◉ Motion. Answer: A formal request for the court to take a particular
action.
◉ Motion to dismiss. Answer: A request that a court terminate an action
because of settlement, voluntary withdrawal, or procedural defect.
◉ Motion for summary judgment. Answer: A pretrial request asking the
court to enter a judgment when no material facts are in dispute.
◉ Discovery. Answer: A pretrial exchange of all relevant information
between the plaintiff and defendant.
, ◉ Deposition. Answer: A pretrial discovery tool involving oral
examination of a witness to produce a written verbatim record.
◉ Interrogatories. Answer: Specific written questions or requests raised
by one party to a lawsuit that the opposing party must answer in writing.
◉ Subpoena. Answer: A legal order to a witness to appear at a certain
place and time to testify or to product documents.
◉ Direct examination. Answer: Questioning one's own witness during a
legal proceeding.
◉ Cross-examination. Answer: Questioning an opposing party during a
legal proceeding to bring out information favorable to the questioner's
own position or to challenge the witness's testimony.
◉ Relevance. Answer: A quality of evidence that suggests the evidence
is more or less likely to be true.
◉ Materiality. Answer: A quality of evidence that tends to establish a
particular element of the claim that has legal significance.
◉ Competence. Answer: A quality of evidence that suggests the source
is reliable and the evidence is adequate to justify admission in court.