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Clemson Law 3220 TEST 1 QUESTIONS WITH CORRECT ANSWERS
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actually takes to make you whole" are what type of monetary damages? - compensatory "beyond reasonable doubt" is a legal requirement for which type of law? - criminal law "beyond reasonable doubt" is known as... - criminal burden of proof "damages to design to punish" are what type of monetary...

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  • November 22, 2024
  • 23
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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Clemson Law 3220 TEST 1

"actually takes to make you whole" are what type of monetary
damages? - ✔✔compensatory


"beyond reasonable doubt" is a legal requirement for which type of
law? - ✔✔criminal law


"beyond reasonable doubt" is known as... - ✔✔criminal burden of proof


"damages to design to punish" are what type of monetary damages? -
✔✔punitive


"fair market value" is called - ✔✔just compensation


"genuine issue, material fact", either party may request is called... -
✔✔summary judgement


"looking back through precedents" or the use of this precedent is
called... - ✔✔Stare Decisis


"preponderance of the evidence" is also known as... - ✔✔civil burden of
proof

,"we the people of the United States, in Order to form a more perfect
Union..." is called... - ✔✔Congress Clause


"worth a dollar" are what type of monetary damages? - ✔✔nominal


3 factors of personal jurisdiction are... - ✔✔1) residency
2) mere presence
3) consent


a form of subject-matter jurisdiction in civil procedure in which a
United States district court in the federal judiciary has the power to
hear a civil case where the persons that are parties are "diverse" in
citizenship, which generally indicates that they are citizens of different
states or non-U.S. citizens. - ✔✔diversity jurisidiction


a judge is absolutely immune from suit for damages for judicial acts
taken within his/her jurisdiction - ✔✔judicial immunity


all active judges in a circuit will hear a case is called... - ✔✔en banc
proceeding


any activity that affects supply and demand of a business -
✔✔interstate commerce

, appellate courts are also known as... - ✔✔court of appellate jurisdiction


appellate courts looks at issues of... - ✔✔law


application to go to Supreme Court (grant=ok, deny it=go back to lower
court) is called... - ✔✔writ of certiorari


appropriate geographical location where the lawsuit is heard -
✔✔venue


arbitrators decision is... - ✔✔binding and final


Baccus Imports v. Dias is important because it deals with... - ✔✔state
taxation. court struck down Hawaii's 20% tax on all alcoholic beverages
except for local products. Same tax must be imposed regardless of
origin


Barabin v. AstenJohnson Inc. important because... - ✔✔of expert
witnesses and scientific process of how it relates to law. Judge made a
huge error when not granting a Daubert hearing


Blimka v. My Web Wholesaler, LLC is important because... - ✔✔long
arm jurisdiction

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