question

The Supreme Law of America, which establishes general organization of goverment, and is the basis of ALL law is the ______.

answer

The US Constitution

question

Laws passed by Federal congress and the state legislatures is called a _____.

answer

Statutory Laws

question

When a Statutory Law is passed, it becomes part of the ____.

answer

Federal Code

question

Laws passed by lower levels of government (municipal or county government) and usually only effect certain communities are called ____.

answer

Ordinances

question

An unofficial set of laws proposed for all states to adopt as written, for the purpose of their being more uniformity of laws from state to state are called ______.

answer

Uniform Laws

question

Rules, decisions of governmental administrative agencies. These law bodies regulate the operation and procedures of government agencies and is called _____.

answer

Administrative Law

question

Speech protected in advertising and marketing, is not as protected as noncommercial speech, and the govt can restrict if the issue is legitimate is called ____.

answer

Commercial Speech

question

A statute enacted by Congress that authorizes creation of an Administrative Agency and specifies the name, composition, purpose, and powers of the agency being created. This is called _____.

answer

Enabling Legislation

question

The body of law developed from custom or judicial decisions in English courts, not attributable to a legislature is known as ____.

answer

Common Law

question

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts is called a _____.

answer

Legal Precedent

question

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions is known as _____.

answer

Stare Decisis

question

T/F, A court can depart from legal precedent if they feel it is incorrect, or that technological changes and/or social changes have rendered the precedent inapplicable.

answer

True

question

In the early days of English courts, they could only provide money or land as compensation for harm or damage - these remedies were known as _____.

answer

Remedies at Law

question

In later years of English courts, better remedies were provided when money could not suffice as compensation - these became known as _____.

answer

Remedies in Equity

question

What type of remedy in equity makes the defendant to stop whatever they are doing that is bothering the plaintiff?

answer

Injunction

question

What type of remedy in equity makes the defendant to do whatever it is they promised (in a contract) to do for the plaintiff?

answer

Specific Performance

question

What type of remedy in equity gets the court to nullify a contract that was not truthful and restore the parties to the point where they had been before the contract was signed?

answer

Rescission of a Contract

question

Under what clause in the constitution does Congress get the power to regulate commerce?

answer

The Commerce Clause

question

What type of freedom of speech do businesses have when they can spend their money to fund electioneering communications?

answer

Political Speech

question

What type of freedom of speech do businesses have when they advertise and market?

answer

Commercial Speech

question

T/F, the government cannot restrict commercial speech, EVEN if a legitimate government issue arises.

answer

False

question

T/F, words that incite violence is protected speech.

answer

False

question

T/F, yelling "FIRE!" in a crowded building is not protected speech.

answer

True

question

In 1965, the Supreme Court held that a constitutional _______ was implied by the First, Third, Fourth, Fifth, and Ninth Amendments.

answer

Right to Privacy

question

The authority of a court to hear and decide a specific case is called ______.

answer

Jurisdiction

question

T/F, a court can exercise Personal Jurisdiction over any person or business that resides in a certain geographic area.

answer

True

question

What statute allows a certain court needs to reach over into a jurisdiction that is not it's own to retrieve a person who committed a wrong in that certain court's jurisdiction?

answer

Long Arm Statute

question

Courts of Special or ______ jurisdiction deal with cases of family and personal assets, like adoption, divorce, and wills.

answer

Limited

question

Courts of ______ jurisdiction deal with state trials and everything besides what courts of Limited jurisdiction hear.

answer

General

question

______ Jurisdiction exists when two different courts have the power to hear a case.

answer

Concurrent

question

_______ Jurisdiction exists when a case can be heard only in a particular court or type of court.

answer

Exclusive

question

_____ Jurisdiction - exclusive to the Fed - involves cases pertaining to constitutional or treaty law. These cases usually involve federal crimes, bankruptcy, etc.

answer

Federal Question

question

_____ Jurisdiction - exclusive to the Fed - is when cases arise between citizens of different states and counties. These cases must be worth a cost of $75,000 or more.

answer

Diversity of Citizenship

question

A _____ is the most appropriate geographic location for a trial.

answer

Venue

question

What must the plaintiff sufficiently have in order to bring a lawsuit to court?

answer

Standing to Sue

question

The Florida ____ Court have very limited jurisdiction. They can only hear misdemeanors in criminal cases, and any civil disputes are worth $15,000 or LESS.

answer

County

question

There are 20 ____ courts in Florida. These are the main trial courts. They have general jurisdiction over anything else which the county courts cannot hear. The cases that go through these courts include felonies, civil matters, etc, and are worth OVER $15,000 dollars.

answer

Circuit

question

There is at least one Federal _____ Court in every state, making for a total of 94 courts (3 in Florida). All judges in these courts are nominated by the president, confirmed by the senate, and serve for life if elected. This is the major trial court of the Federal System, and they have general jurisdiction.

answer

District

question

There are 13 U.S courts of ______. Florida is the 11th circuit, located in Atlanta. It contains over 179 Article III Judges, and are generally courts of last resort. Any ruling that they give on a case is FINAL.

answer

Appeals

question

The US _____ Court is the highest court in the nation, with a total of 9 justices. It chooses which cases it wants to hear, and they all must involve substantial federal question to be heard (over 8000 are submitted per year, only a rough 80 are chosen). The RULE OF 4 applies here and any rulings become legal precedent.

answer

Supreme

question

T/F, Florida falls under the 11th Circuit Court of Appeals.

answer

True

question

Trial courts deal with questions of _____.

answer

Fact

question

Appellate courts deal with questions of _____.

answer

Law

question

_______ is a rule of the US Supreme Court under which the court will not issue a writ of certiorari unless at least 4 justices approve of the decision to issue the writ.

answer

Rule of Four

question

_____ are statements made by the plaintiff alleging wrongdoing on the part of the defendant. When filed in court, the complaint initiates a lawsuit.

answer

Complaints

question

_____ are statements by the plaintiff and the defendant that detail facts, charges, and defenses of the case.

answer

Pleadings

question

_____ is the defendant's response to the plaintiff's complaints.

answer

Answer

question

______ is the plaintiff's response to the defendant's Answer.

answer

Reply

question

T/F, If the defendant fails to return his answer in time, the judge can order a default judgement against them and the plaintiff will win the case.

answer

True

question

T/F, to select a Jury, the Judge questions the individuals on the board to make sure they are honest and unbiased.

answer

True

question

_____ is a method by which the opposing parties obtain information from each other to prepare for trial.

answer

Discovery

question

_____ is when the Judge questions the individuals on the Jury to make sure they are honest and unbiased.

answer

Voir Dire

question

______ can occur when an attorney can challenge a juror if the attorney believes they are bias. There are no limits to how many times the attorney can pull this, but it must be confirmed by the judge.

answer

Challenges for Cause

question

T/F, actual bias does not have to be shown for a Challenge for Cause to go through.

answer

False

question

_____ is when an attorney can demand a juror be removed, without a need to explain why. There is a limited number of times an attorney may use this.

answer

Peremptory Challenge

question

______, part of Alternative Dispute Resolution, is when the parties resolve a dispute informally, with or without attorneys.

answer

Negotiation

question

_______, part of Alternative Dispute Resolution, is when a neutral 3rd party acts as a mediator to facilitate resolution, and can propose resolution (but not binding on parties).

answer

Mediation

question

______, part of Alternative Dispute Resolution, is when a 3rd party hears the dispute and imposes legally binding resolution on the parties invoved.

answer

Arbitration.

question

________ is a wrongful act (other than a breach of contract) that results in harm or injury to another person and leads to civil liability.

answer

Torts

question

______ is any word or action intended to make another person fearful of immediate physical harm - a reasonably believable threat.

answer

Assault

question

An unexcused, harmful, or offensive, physical contact with another that is intentionally performed is called a ______.

answer

Battery

question

The intentional confinement or restraint of another person without justification is known as _____.

answer

False Imprisonment

question

What doctrine allows a business to detain suspected shoplifters without being liable for the tort of false imprisonment?

answer

Shopkeeper's Privilege

question

For the tort of Infliction of emotional stress, what must plaintiff prove?

answer

Outrageous Conduct

question

Anything published or publicly spoken that causes injury to another's good name, reputation, or character is known as_____.

answer

Defamation

question

Defamation in writing or another form having quality of performance is known as _____

answer

Libel

question

Defamation in oral form is called _____.

answer

Slander

question

When defamation must be communicated to a person other than the defamed, this is requirement is called the _____.

answer

Publication Requirement

question

The best defense against defamation is _____.

answer

Truth

question

A public figure must prove ______ when filing defamation against a party; this is a statement made knowing it is false or a reckless disregard for the truth.

answer

Actual Malice

question

The use of a person's name, photo, or likeness for commercial purposes without permission is called the tort of ______.

answer

Appropriation

question

Any misrepresentation, either misstatement or by omission of material fact, knowingly made with the intent to deceive another and on which reasonable person would and does rely to his or her detriment is called the Tort of _______.

answer

Fraudulent Misrepresentation

question

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties. This is called _____.

answer

Puffery

question

To publish information that casts doubt on another's legal ownership of property, resulting in financial loss to owner of property is called _____.

answer

Slander of Title

question

To publish false information about another's product is called _____.

answer

Slander of Quality

question

A person without permission, enters onto, above, or below the surface of land owned by another or causes anything to enter or remain on land is called ________.

answer

Trespass to Land

question

T/F, actual harm is not required for a Trespass to Land.

answer

True

question

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person's standard, constitutes the tort of negligence. This is known as _______.

answer

Duty of Care

question

In business, a business owner owes a duty of care to his ______

answer

Business Invitees

question

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party is called ______.

answer

Compensatory Damages

question

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

answer

Punitive Damages

question

An act or omission without which an event would not have occurred is known as ____.

answer

Causation in Fact

question

Legal Cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability. This is known as _____.

answer

Proximate Cause

question

A defense against negligence, where a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed s called _____.

answer

Assumption of Risk

question

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiffs degree of fault, rather than barring recovery completely, and is known as _____.

answer

Comparative Negligence

question

_____ is if plaintiff is at all to blame, they cannot recover. Only a minority of states practice this.

answer

Contributory Negligence

question

_____ is when a doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

answer

Res Ipsa Loquitur

question

_______ is an action or failure to obey a statute or ordinance and a person is injured as a result.

answer

Negligence Per Se

question

A _____ is a distinctive mark, motto, device or implement that a manufacturer affixes to the goods it produces so goods may be identified on the market and their origins known.

answer

Trademark

question

A _____ is a government grant giving an inventor exclusive rights to make, use, and sell his invention for a period of time.

answer

Patent

question

T/F, an invention does not have to be novel, useful, or not obvious in light of current technology for it to get a patent.

answer

False

question

A ______ is an intangible property right granted by Federal Statute to an author or originator of literary or artistic productions to publish, print, and sell an intellectual for a statutory period of time.

answer

Copyright

question

How many years does an author get to hold a copyright over his work?

answer

For life +70 years

question

T/F, copyright protection for an original literary or artistic work is automatic.

answer

True

question

The ______ Act of 1946 gave legal, statutory protection to a person's trademark.

answer

Lanham

question

The ______ Act of 1995 gave more protection to trademarks any company that used a trademark that could confuse the consumers of another brand could be liable for lawsuits.

answer

Federal Trademark Dilution

question

Trademarks that contain made up or inventive words (ex: Kodak, Xerox) are called _____.

answer

Fanciful Trademarks

question

Trademarks that contain actual words that have no literal connection the the product are called ______.

answer

Arbitrary Trademarks

question

Trademarks that contain a word hint or suggest something about the product (ex: Dairy Queen) without describing the product directly are called ______.

answer

Suggestive Trademarks

question

Some trademark names and descriptions - which are not distinctive - must first develop a ______ in the public eye before it can be protected by law.

answer

Secondary Meaning

question

_____ refers to the overall image and appearance of product. If it has a distinctive look that is easily recognized by the consumers, than it can be protected by trademark.

answer

Trade Dress

question

How long does an inventor have the exclusive rights over his patented invention?

answer

14 to 20 years

question

When do you obtain copyright protection of your novel, painting or song?

answer

Automatically upon completion

question

What is the effect of the Economic Espionage Act of 1996 concerning the theft of trade secrets?

answer

Federal Crime

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