BLA 361 UNCW Quiz 1 Review Final Exam With Actual Answers.

Legal Precedent - correct answer court case that serves as an example/authority for deciding a future court case with the same legal principles Stare Decisis - correct answer the concept that judges will follow the precedents established within their jurisdictions (1) A COURT SHOULD NOT OVERTURN ITS OWN PRECEDENTS UNLESS THERE IS REASON TO DO SO (2) DECISIONS MADE IN HIGHER COURTS ARE BINDING ON LOWER COURTS Statute - correct answer - a.k.a.: LAWS - enacted by a legislative body at federal, state, or local level - basic rule: a FEDERAL statute applies to ALL STATES / a STATE statute applies within a state's borders U.S. Constitution - correct answer - basis for all laws in the U.S. - supreme law of the land Fifth Amendment - correct answer - prohibits government from forcing individuals to testify against themselves - Miranda Rights First Amendment - correct answer freedom of religion, speech, and the press; right of petition and assembly Snyder v. Phelps (2011) - correct answer Court held that speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous" Texas v. Johnson (1989) - correct answer Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment. Superior Court - correct answer - civil cases less greater than $25,000 - felonies, misdemeanors, and infraction appeals from district court District Court - correct answer - civil cases less than $25,000 - misdemeanors, juvenile, and domestic Clerk of Court - correct answer The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system. Baliff - correct answer keeps order in the courtroom and takes charge of jury when court is not in session Law Clerks - correct answer Persons trained in the law who assist judges in researching legal opinions. Court Reporter - correct answer person who makes a word-for-word record and transcription of court proceedings Judge - correct answer a person chosen to interpret laws, decide on a winner, or settle a controversy Jury - correct answer a body of citizens sworn to give a true verdict according to the evidence presented in a court of law Standing - correct answer legitimate justification for bringing a civil case to court (1) INJURY (2) CAUSATION (3) REDRESSABILITY Venue - correct answer the most appropriate physical location for a trial Domicile - correct answer where you are from, where you intend to remain - if you are a corporation, principle place of business - ex. if you live in NC, you have chosen for NC to hear any case of yours in court Long-Arm Statute - correct answer A state statute that permits a state to exercise jurisdiction over nonresident defendants. (1) FAIRNESS (2) MINIMUM CONTACTS with the state (3) PURPOSEFUL PREVAILMENT - seeking out opportunity in the state Subject Matter Jurisdiction - correct answer the power of a court to hear a particular type of case (1) FEDERAL QUESTION - does not matter $$$ of suit (2) DIVERSITY OF CITIZENSHIP - plaintiff and defendant are residents of different states AND case exceeds $75,000 6th Amendment - correct answer The accused shall have the right to a speedy and public trial by an impartial jury of the state and district where the crime was committed. 7th Amendment - correct answer The right of a trial by jury shall be preserved where the value of controversy exceeds $20. Voir Dire - correct answer Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. Appellate Court - correct answer the court that reviews the record for a case Tort - correct answer a private or civil wrong (1) caused by negligence (2) caused intentionally Negligence - correct answer failure to exercise reasonable care (1) DUTY owed by tortfeasor to the injured party (2) BREACH of that duty (3) the breach was the CAUSE of the injury