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INTRODUCTION TO LAW FINAL EXAM 2025 | ALL
QUESTIONS AND CORRECT ANSWERS | NEWEST
EXAM 2025 | GRADED A+ | VERIFIED ANSWERS
(JUST RELEASED)
When may a case be removed from State Court to Federal Court? --------- CORRECT ANSWER-----------------1. diversity of citizenship: 2 states, plus exceeds 75k in controversy
- federal question What is tort? (definition or explain in your own words) ---------CORRECT ANSWER-----------------A tort is a wrongful act committed against a person, which is neither criminal nor contract based. What are two types of judicial remedies? ---------CORRECT ANSWER------- ----------Common law and equity What are the common law remedies? ---------CORRECT ANSWER----------- ------Damages ($) Replevin "give me back my stuff" Ejectment "get off my land" What are the 4 types of damages in common law? ---------CORRECT ANSWER-----------------Compensatory (general and special) Punitive Nominal Liquidated
what are the two types of compensatory damages? ---------CORRECT ANSWER-----------------General -- pain and suffering or mental anguish Special -- specific damages Why do we have state courts and federal courts? ---------CORRECT ANSWER-----------------Federalism What are the 4 types of equitable remedies? ---------CORRECT ANSWER-- ----------------Specific performance (enforce this contract)
- Rescission (cancel this contract)
- Reformation (change this contract)
- Injunctions Mandatory (do that) Prohibitory (stop that) What is the difference between slander and libel? ---------CORRECT ANSWER-----------------Slander involves spoken words that have been heard by someone other than the targeted. Libel is defamation expressed by print, writing, signs, pictures, and in the absence of statutory provisions on the contrary, radio, and television broadcasts. What are the 3 primary differences between state courts and federal courts? ---------CORRECT ANSWER-----------------Judges Structure cases that are heard
What is the best evidence rule and why do we have it? ---------CORRECT ANSWER-----------------The original evidence is presented in the court not a scanned or copycat version of what the evidence is. This is so that the court has the original copy to question it. What are 3 reasons a case may not be justiciable? What does justiciable mean? ---------CORRECT ANSWER-----------------Moot Ripeness Statute of limitations has run out or if it is not filed in the right jurisdiction justiciable means the court determines the case based on its merits What is the difference between a holding and a dicta? ---------CORRECT ANSWER-----------------A dicta is not persuasive, but a holding is. A dicta is a statement by a judge concerning POINT OF LAW THAT IS NOT necessary for the decision of the case. A holding is the law of law that the court says applies to the case. The holding is the answer to the legal issue. All the pages of explanation is the dictum/dictua. We care because the legal issue is important Holding=rule, law created dicta= the written opinion of the court What are 5 types of formal discovery? ---------CORRECT ANSWER----------- ------1) Deposition
- Interrogatories
- Request for production
- Independent medical examination
- Request for admissions or denials
What are the advantages of arbitration? ---------CORRECT ANSWER-------- ---------Faster Typically can be efficient The cost, it is cheaper The courts are not clogged up It is considered voluntary It is confidential What are the disadvantages of arbitration? ---------CORRECT ANSWER----- ------------Corp. Usually win over the consumers No jury The fact that they are confidential--- that is doesn't avoid harm if people don't know about them What is the difference between arbitration and mediation? (most likely a test question) ---------CORRECT ANSWER-----------------Arbitration is when an arbitrator decides something on a case there is a binding verdict Mediation is when the parties come together to try and reach a decision but it is not binding in the parties What are the 3 primary differences between civil law and criminal law? ------ ---CORRECT ANSWER-----------------1. The parties (CA v. defendant.. plaintiff v. defendant)
- Remedy
- Structure What is a K and what are the 3 elements of a K? Does it have to be in writing to be legally enforceable? ---------CORRECT ANSWER-----------------Does NOT have to be in writing A contract is a legal agreement between 2 parties
- Offer
- Acceptance
What does it mean to impeach a witness? ---------CORRECT ANSWER------ -----------To discredit them, show that they are not trustworthy, reliable or believable When a Supreme Court Justice does not agree with the majority opinion and provides a written explanation, what is his opinion called? --------- CORRECT ANSWER-----------------Dissent What document notifies a defendant that the plaintiff has initiated a lawsuit and warns of a default judgement if the defendant does not respond within the stated period of time? ---------CORRECT ANSWER-----------------Writ of Summons How many Representatives are there in the US House of Representatives? ---------CORRECT ANSWER----------------- 435 What is the term for the crime of levying war against the US, or adhering to or giving aid to comfort to its enemies? ---------CORRECT ANSWER---------- -------Treason What is the equitable legal doctrine that states that courts will not allow a party to bring a legal claim if that party unreasonably delayed in bringing the claim, and that delay harmed the opposing party? ---------CORRECT ANSWER-----------------Laches
Which of these is NOT an example of formal discovery? ---------CORRECT ANSWER-----------------After the triggering event, but before filing a complaint, investigating the facts and potential legal claims A written document, in which the defendant responds to the plaintiff's complaint by making admissions or denials, asserting legal defenses, and raising counterclaims is called a(n) ---------CORRECT ANSWER--------------- --pleading & Answer What is the term for the traditional approach in tort cases, which applies the law of the place where the wrong was committed ---------CORRECT ANSWER-----------------lex loci delicti commissi A demurrer is also sometimes call ---------CORRECT ANSWER----------------
- a motion to dismiss the idea that some laws deprive people of their constitutionally protected liberty because laws intrude on people's right to make decisions for themselves is called ---------CORRECT ANSWER-----------------substantive due process the power of a state or federal court to reduce an excessive award made by a jury is called ---------CORRECT ANSWER-----------------remittitur what is the term for that thing which each party to a contract receives, such as money, a service, a tangible item, or legal release? ---------CORRECT ANSWER-----------------consideration
What equitable legal doctrine allows individuals to recover payment for work or services in the absence of a contract? ---------CORRECT ANSWER-----------------quantum meruit jurisdiction is available in federal courts for..? ---------CORRECT ANSWER- ----------------cases involving a federal issue AND cases involving citizens of different states a quality in a law that makes it unconstitutional because the law does not provide citizens with fair notice as to which conduct is acceptable and what will be punished ---------CORRECT ANSWER-----------------vagueness a defendant's answer might: ---------CORRECT ANSWER-----------------1. admit or deny the plaintiff's allegations
- assert legal defenses
- raise counterclaims what is the name of the section of the fourteenth Amendment of the US Constitution that promises all citizens equal under the law, and has been used to strike down discriminatory laws based upon race, national origin, religion, and gender ---------CORRECT ANSWER-----------------equal protection clause what does "respondeat superior" mean ---------CORRECT ANSWER--------- --------a latin term that means "let the master respond" vicarious liability
A ruling by a judge in favor of one party even though the jury found in favor of the opposing party is called ---------CORRECT ANSWER----------------- JNOV a quality in a law that makes it unconstitutional because the law is so expansive that it captures conduct that is protected by the Constitution ------ ---CORRECT ANSWER-----------------overbreadth in order to claim federal court jurisdiction based upon diversity of citizenship, the parties must be from different states and the amount in controversy must exceed ---------CORRECT ANSWER-----------------75k a written document, in which the plaintiff alleges jurisdiction, sets forth facts that establishes the existence of a legal claim that entitles the plaintiff to relief from the defendant, and demands relief ---------CORRECT ANSWER- ----------------complaint all of the following are examples of federal issues except: --------- CORRECT ANSWER-----------------marital dissolution What are examples of Federal Issues? ---------CORRECT ANSWER---------- -------civil rights, patent, and admiralty laws that make actions criminal that were not criminal at the time the action occurred, and are prohibited by the US Constitution are called --------- CORRECT ANSWER-----------------ex post facto
True or False----parties have an unlimited number of peremptory challenges during voir dire ---------CORRECT ANSWER-----------------False True or False ---- leading questions are permitted in cross-examination ----- ----CORRECT ANSWER-----------------True True or False ---- a motion for summary judgement is properly granted when the plaintiff and the defendant substantially agree about the important facts in the case ---------CORRECT ANSWER-----------------True True or False ---- extraneous judicial expressions and comments are referred to as the holding of a case ---------CORRECT ANSWER--------------- --False True or False ---- a contract must be in writing to be legally enforceable ----- ----CORRECT ANSWER-----------------False True or False --- parties may create legal immunity through a contract ------- --CORRECT ANSWER-----------------True True or False ---- federal judges are nominated by the president and confirmed by the senate ---------CORRECT ANSWER-----------------True
True or False ---- when a jury's award is grossly insufficient, a prevailing party in state court may ask the trial court to award the plaintiff an additional sum of money, called remittitur ---------CORRECT ANSWER------- ----------False True or False ----- depositions are written lists of questions that must be answered by the parties in writing and under oath ---------CORRECT ANSWER-----------------False True or False ---- the doctrine of stare decisis states that lower-level courts should follow legal precedents that have been established by higher-level courts ---------CORRECT ANSWER-----------------True True or False ----- in procedural due process cases, the claimant challenges a statute on the grounds that the law excessively intrudes on individual decision-making ---------CORRECT ANSWER-----------------False True or False ---- jurisdiction is the location where a lawsuit is heard, as determined by the legislature ---------CORRECT ANSWER----------------- False True or False ---- all 50 states have passed long-arm statutes --------- CORRECT ANSWER-----------------True Equitable remedies cheat sheet: ---------CORRECT ANSWER----------------- Injunction= Stop that or do that Rescission= cancel this contract Reformation= change this contract
What are 5 examples of intentional torts? What is intentional tort? --------- CORRECT ANSWER-----------------based on willful misconduct or intentional wrongs. The intent is not necessarily a hostile intent or even a desire to do serious harm. A person acts intentionally if he or she has a conscious desire to produce consequence the law recognizes as tortious.
- Assault
- Battery
- False imprisonment
- Trespass
- Invasion of Privacy What is the difference between assault and battery? ---------CORRECT ANSWER-----------------battery- is an unpermitted, unprivileged intentional contact with another's person. This tort includes contact that is actually harmful, as well as conduct that is merely offensive. assault-an intentional tort, occurs where the targeted person's anxiety is the product of the actor's threatening conduct, such as stalking. Or when a person targeted fear is the product of the actor's unsuccessful attempt to hit the target with a punch or throw object. Battery= touching Assault= no touching involved but perceived to be harmful What is negligence and what are the 4 elements of common law negligence? ---------CORRECT ANSWER-----------------The unintentional failure to live up to the communities ideal of reasonable care. Failing to act as a person of ordinary prudence would do in a situation. 4 key elements
- Duty
- Breach
- Injury / Damages
- Legal causation
What is ex-parte jurisdiction? ---------CORRECT ANSWER----------------- These are temporary injunctions When defendant doesn't have notice of it Only one person's side When there is no time to notify and the plaintiff has to bring evidence that would prove their win Can be granted without notice to the defendant Is based upon the plaintiff's side of the story only Is for when there is no time to notify the defendant because of irreparable harm What is the difference between formal and informal discovery? --------- CORRECT ANSWER-----------------Formal- governed by specific rules, requesting specific legal documents to help with the case Informal- is so open and you are fact checking What is the role of a judge in a jury trial? ---------CORRECT ANSWER-------- ---------- Over seeing jury selection
- Following procedural due process
- making sure that the jury understands their task
- insuring what evidence can be admitted what is a subpoena and what is a subpoena duces tecum? --------- CORRECT ANSWER------------------ you subpoena people
- Subpoena duces tecum is for records What are leading questions and when can they be used? ---------CORRECT ANSWER-----------------They can be used in cross-exam to prompt the witness to answer in a certain way that may go in your favor
What does it mean if something is relevant? ---------CORRECT ANSWER--- --------------evidence that logically tends to prove or disprove some issue of consequence thats in dispute at the trial or hearing What is the benefit rule? ---------CORRECT ANSWER-----------------a plaintiff benefits damages can be reduced if they benefitted from the defendants actions What is mitigation of damages? ---------CORRECT ANSWER----------------- plaintiff who suffers damage as a result of either a breach of contract or a tort has a duty to take reasonable steps to mitigate those damages and will not be able to recover for any losses which could have been thus avoided What is the difference between immunities and privileges? --------- CORRECT ANSWER-----------------Privilege is communication is where the communication is protected by the law and whomever holds that privilege can't be forced to disclose that privileged information in a testimony at trial Immunity is when the person is protected by the law What are 3 types of immunities? ---------CORRECT ANSWER------------------ governmental
- inter-spousal
- parental (family)
- sovereign
What is statute of limitations? ---------CORRECT ANSWER------------------the time someone has to bring suit
- compels the exercise of a right of action within a reasonable time, so that the opposing party has a fair opportunity to defend and will not be surprised by the assertion of a stale claim after evidence has been lost or destroyed What is the difference between criminal law and civil law? --------- CORRECT ANSWER-----------------Civil law is the dispute between 2 or more private individuals (sometimes the government is a party) always about a breach of agreement or a breach of legal duty. Remedy is a usually money, an injunction, or a direction to comply Criminal Law- government action against an individual for an act against society. The dispute is about whether the alleged committed a crime. Remedy is fine or imprisonment or both or execution in some states. What is a case of first impression? ---------CORRECT ANSWER--------------- --If there is no precedent, the case is concerned "case of impression" The case has not been seen or heard before When torts involve more than one state, which state law should apply? ----- ----CORRECT ANSWER-----------------The significant relationship rule should be applied and where there is a more significant relationship that state has precedence when do federal courts have jurisdiction over a case? when may a case be removed from state court to federal court? ---------CORRECT ANSWER----- ------------When it is a federal issue/ when there is a diversity of citizenship
