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51 - CORRECT ANSWER: There are at least ____________ bodies of law in the United
States.
A distinctive feature of the defendant's 'answer' in pretrial litigation is that it is the only
time they can lie to the court about their guilt (also called a ____________
___________.) - CORRECT ANSWER: general denial
adjudication - CORRECT ANSWER: law + facts + decision
affirmative defense - CORRECT ANSWER: legal excuse that can get a person out of
something; not an admission of guilt
Can technology affect the law? - CORRECT ANSWER: Yes, but it cannot always
distinguish between 'good' and 'bad'
classifications of law - CORRECT ANSWER: • subject matter
• case law
• statutory law
• civil law
• criminal law
• public law
• private law
,complaint/petition - CORRECT ANSWER: • the second component of pretrial litigation
which provides an identity for the defendant, explains the law that was broken, requests
a court for the case to be heard in, and demands a reward (typically money)
components of pretrial litigation - CORRECT ANSWER: • pleading
• complaint/petition
• motion to dismiss
• answer
• counterclaim
counterclaim - CORRECT ANSWER: part of pretrial litigation where the defendant
brings evidence against the plaintiff, usually to counter the initial complaint/petition filed
against them
discovery - CORRECT ANSWER: the evidence-gathering phase of legal proceedings;
where most time and money are spent
diversity of citizenship - CORRECT ANSWER: achieved when two parties in a case are
citizens of different states or territories
Does the law have the authority to extend across borders? - CORRECT ANSWER: Yes,
especially for multinational businesses and U.S. companies
False - CORRECT ANSWER: True or False: Any federal court within a district is not
required to follow that district's specific laws.
Federal - CORRECT ANSWER: ____________ courts tend to have more resources
and smarter judges than state ones
,Federal courts make rulings on _____________ law, whereas state courts make rulings
on _____________ law. - CORRECT ANSWER: federal; state
four requirements for 'in personam' jurisdiction - CORRECT ANSWER: • notice - serve
the individual with official court papers
• hearing - the defendant has a right to have one
• impartial decision-maker - the judge
• contact - with the state in which the case is taking place
four requirements of a good legal system - CORRECT ANSWER: • certainty
• flexibility
• 'knowability'
• reasonableness
How does our current legal system promote justice? - CORRECT ANSWER: through
juries, esp. with all felony cases
If a court has ______________ ______________, this means that particular court can
make a legally binding decision on any type of case. - CORRECT ANSWER: general
jurisdiction
If a motion to dismiss is denied, the case keeps progressing through the steps of
litigation within the _____________ _____________. - CORRECT ANSWER: trial
courts
If a motion to dismiss is granted, the losing party can immediately file an
______________. - CORRECT ANSWER: appeal
, If an answer is not filed, a _____________ _____________ is made in favor of the
plaintiff and no more evidence has to be brought forward to the court. - CORRECT
ANSWER: default judgment
In a case dealing with a defendant from Louisiana and a plaintiff from Texas, can the
defendant exercise his/her right of removal? - CORRECT ANSWER: Yes
In order for litigation to take place, there has to be at least two ____________ parties
who oppose each other, as well as an impartial decision-maker. - CORRECT ANSWER:
adversarial
in personam jurisdiction - CORRECT ANSWER: • jurisdiction over an actual individual;
allows a court to seize assets
• more powerful than 'in rem' jurisdiction
in rem jurisdiction - CORRECT ANSWER: type of jurisdiction that gives the plaintiff
power over an individual's property, but not over the defendant themselves
jurisdiction - CORRECT ANSWER: • gives the court power to hear a case
• if there is power to hear a case, then the decision made by the court will be binding
justice - CORRECT ANSWER: 'fair' + 'reasonable'
litigation - CORRECT ANSWER: refers to the entire trial process
long-arm statute - CORRECT ANSWER: allows a court to use any previous conflict or
legal dispute that took place within a specific state as leverage to drag you back into
trial (regardless of whether or not you reside there)