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INTRODUCTION TO LAW FINAL EXAM LATEST EXAM | ALL
QUESTIONS AND CORRECT ANSWERS | NEWEST EXAM
2025 | ALREADY GRADED A+ | VERIFIED ANSWERS (JUST
RELEASED)
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 are three possibilities for a felony? ---------CORRECT ANSWER-------- ---------Death penalty Jail time over 1 year Fines When can a case be moved from state court into a federal court? --------- CORRECT ANSWER-----------------diversity of citizenship: 2 states and plus exceeds 75k in controversy OR if it is a federal issue What is privileged communication? list 3 examples? ---------CORRECT ANSWER-----------------This communication is where the communication is
protected by the law and whomever holds that priviledge cant be forced to disclose that priveleged information in a testimony at trial
- Self-incrimination (5th amendment)
- Doctor-patient
- Attorney-client
- Spousal What is the adversarial system? (used in civil procedure) ---------CORRECT ANSWER-----------------Parties present their dispute as adversaries before a court or tribunal empowered to resolve the dispute for them what is certiorari? what is dissent? a concurrence? ---------CORRECT ANSWER-----------------A certiorari- "to be informed of" Writ of certiorari takes it to the supreme court. A dissent- An opinion that does not agree with the majority opinion of the court and provides a written explanation. A concurrence- An agreeing opinion with the majority usually highlighted because it has other points not mentioned within the majority opinion as to why the justice made their decision. 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 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
- Consideration Are arbitrators neutral? are judges neutral? are juries neutral? (personal opinion question) ---------CORRECT ANSWER-----------------personal opinion on this question What is due process and what do we mean by "liberty" ---------CORRECT ANSWER-----------------Due process- no person should be deprived of life, liberty, or property without due process of law. What do we mean by liberty Liberty means:
- Freedom to practice a business or trade
- a right to contracts
- right to live your life without government intrusion
- the right to make a decision for one's self Why do we call judicial decisions "case law" ---------CORRECT ANSWER--- ---------------Because these cases interpret law and they create binding precedent and it can change
- Because it has precedence over other cases that are to arise in the future. Case with ruling in the same jurisdiction, especially the Supreme Court cases, have mandatory authority What is the difference between procedural due process and substantive due process? (TEST QUESTION) ---------CORRECT ANSWER----------------
- Procedural is when the government makes sure they take the proper procedural steps when depriving someone life, liberty and right to property in order for it to be just. Substantive due process is when involves a person's "liberty" right to make fundamental rights i.e. marriage and health treatment. 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
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 in rem jurisdiction means ---------CORRECT ANSWER-----------------a court has the authority to hear a case because property at issue in the case is within the geographical area served by the court What is the term for a court's final decision in a case? ---------CORRECT ANSWER-----------------judgement What is the best definition of hearsay? ---------CORRECT ANSWER---------- -------an out of court statement by a declarant offered to prove the truth of the matter asserted
Which legal philosophy says "laws" are those rules created by a sovereign, and are legitimate and must be obeyed regardless of ethics, morals, or social consequences? ---------CORRECT ANSWER-----------------analytical positivism when a defendant fails to answer a complaint and a court awards the relief the plaintiff is seeking without a trial and the defendant loses the right to object to the complaint, this is called ---------CORRECT ANSWER------------- ----default jugdement what is the term for a communication that is protected by law such that the holder of the privilege may not be forced to disclose the communication through testimony at a trial? ---------CORRECT ANSWER----------------- privileged communication 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 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 which legal philosophy is based upon the idea that "law" consists of rules established by the moral compass common to all people at birth --------- CORRECT ANSWER-----------------natural law what is the name for the section of the US Constitution that provides that when there is a conflict between state and federal law, the federal law controls? ---------CORRECT ANSWER-----------------supremacy clause what is the term for a legal services agreement in which the attorney receives an agreed upon percentage of the client's monetary recovery, usually 30%? ---------CORRECT ANSWER-----------------contingent fee agreement
name the requirement by the US Constitution that States must recognize and enforce the judgements of other states ---------CORRECT ANSWER---- -------------full faith and credit clause name the legal document used for requesting that a court issue a decision and award a judgement rather than proceeding to trial, when both parties substantially agree about the important facts in the case ---------CORRECT ANSWER-----------------motion for summary judgement True or False----A case is considered a "case of first impression" if there is no precedent ---------CORRECT ANSWER-----------------True True or False ----- parties may create subject-matter jurisdiction through a contract ---------CORRECT ANSWER-----------------False 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 ----- 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 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) Equitable remedies cheat sheet: ---------CORRECT ANSWER----------------- Injunction= Stop that or do that Rescission= cancel this contract Reformation= change this contract Specific performance= enforce this contract
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 Within our legal system, who is supposed to have the role of deciding the amount of damages? ---------CORRECT ANSWER-----------------Juries
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 What issues are considered federal issues? ---------CORRECT ANSWER--- --------------- Constitutional issues
- civil rights
