SPEA V 184 Exam 2 Questions With Quality Solutions
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Course
SPEA V 184
Institution
SPEA V 184
civil law
govern issues arising from issues over private rights brought by injured party seeking damages
Track progress
1 / 50
civil law - Correct Answer govern issues arising from issues over private rights brought by injured party seeking damages
criminal law - Correct Answer laws desi...
SPEA V 184 Exam 2 Questions With Quality
Solutions
civil law
govern issues arising from issues over private rights brought by injured party seeking
damages
Track progress
civil law - Correct Answer govern issues arising from issues over private rights brought
by injured party seeking damages
criminal law - Correct Answer laws designed by the legislature to maintain order and
safety
substantive law - Correct Answer law that declares what conduct is criminal and
prescribes the punishment to be imposed for such conduct
Procedural law - Correct Answer Law that establishes the methods of enforcing the
rights established by substantive law.
what law enforces rights? - Correct Answer Procedural law
What law defines rights? - Correct Answer substantive law
steps in filing a lawsuit - Correct Answer 1) commencement (filings)
2) pleadings (claims for relief)
3) response (defendants response)
4) Notice (summons)
Injunctive relief - Correct Answer remedy provided by a court decision preventing or
requiring someone to perform a particular action.
Temporary restraining orders - Correct Answer can be issued without a hearing, short
term measure until the court can issue something more enduring
Preliminary Injunction - Correct Answer an order issued early in a lawsuit prohibiting a
party from doing something during the course of the lawsuit, requires a hearing to show
Permanent Injunction - Correct Answer a final court order, issued after the conclusion
of the trial or as part of a settlement agreement. full hearing, plaintiff must show
Jurisdiction Types - Correct Answer subject matter, personal jurisdiction, in rem
jurisdiction
, Subject Matter Jurisdiction - Correct Answer the power of a court to hear a particular
type of case. cannot be waived
Personal Jurisdiction - Correct Answer courts power to bring a person into its
adjudicative process and render a valid judgement over the person
acts serving as a basis for jurisdiction - Correct Answer 1) doing any business in this
state
2) causing personal injury or property damage by an act or omission done within this
state
3) owning, using or processing any real property or an. interest in real property within
the state
in rem jurisdiction - Correct Answer Court jurisdiction over a defendant's property. (all
persons with an interest must defend the property)
affirmative defense - Correct Answer defendant affirms that condition is occurring or
has occurred but offers a defense that prevents the plaintiffs claims (affirmative defense
is known, alternatively as a jurisdiction, or an excuse, defense)
requirements for affirmative defense - Correct Answer must be plead in a timely
manner or waived, burden switches to the defense
examples of an affirmative defense - Correct Answer assumptions of risk, contributory
negligence, discharge in bankruptcy, duress, fraud, laches, statute of limitations, waiver
Molargik v West - Correct Answer west sues molargik alleging dirt from his operation
constituted a nuisance and sought damages and injunctive relief
Harris v. Kubota - Correct Answer harris removing tiller when his leg became
entangled resulting in amputated leg, failed drug test
401/403 Balancing Test - Correct Answer used in kubota case
Rule 401 - Correct Answer Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without
the evidence; and
(b) the fact is of consequence in determining the action.
rule 403 - Correct Answer The court may exclude relevant evidence if its probative
value is substantially outweighed by a danger of one or more of the following: unfair
prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or
needlessly presenting cumulative evidence.
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