Answer the questions from my note that I attached and from this book (INTRO TO LAW & LEGAL SYSTEM OF THE US

BURNHAM

Publisher: WEST

ISBN: 9781634602075

Edition: 6TH

Copyright Year: 2016

Question 1

Describe the bases for federal subject matter jurisdiction and requirement(s) for each basis.

(approx. response: two paragraphs)

Question 2

Explain the differences between a trial court and an appellate court (including differences in their purposes and how they operate).

(approx. response: two paragraphs)

Question 3

Explain the differences between an opening statement and a closing argument in a trial (including the differences in purpose and content).

(approx. response: one or two paragraphs)

Question 4

Briefly explain “stare decisis” and its effect on common law in the United States.

(approx. response: one or two paragraphs)

Question 5

Briefly explain the differences between statutory law and common law (including the source(s) of each; how each is made; in what form each may be found; and where each sits in the hierarchy of authority).

(approx. response: two paragraphs)

Question 6

When a defendant has been served with a complaint in a civil lawsuit, what may the defendant file in response to the complaint? Identify and explain the two alternatives.

Question 7

What is a motion for summary judgment? At what point in a civil lawsuit is such a motion usually filed? What is the legal standard for granting such a motion?

Question 8

What are the main methods of discovery in a civil lawsuit? Identify and briefly explain each of the five main methods of discovery.

Question 9

To conduct a lawful search under the Fourth Amendment, often a warrant is required. Identify at least three exceptions to the warrant requirement. For each exception, briefly explain what the exception is, including whether probable cause is required for the exception.

Question 10

When there is a law that discriminates on the basis of a suspect class, “strict scrutiny” applies. Explain the “strict scrutiny” test.

Question 11

Explain the requirement that a plaintiff have “standing” to bring a lawsuit. What provision in the Constitution provides the basis for the “standing requirement?

Question 12

What are punitive damages? Briefly explain what they are, including for what types of claims they are available and the purpose of punitive damages.

Question 13

Identify and briefly explain the two types of causation necessary to establish a claim of negligence.

Question 14

Briefly explain what ”judicial review ” means in the American legal system and identify the constitutional basis for judicial review

 

Question 15

What is the Parol Evidence Rule? Explain the requirements of the rule and the effect of the rule

on contract interpretation.

Question 16

Why is a contract to perform a pre-existing duty usually not enforceable?

Question 17

When a defendant has been served with a complaint in a civil lawsuit, what may the defendant

file in response to the complaint? Identify and explain the two alternatives.

Question 18

What constitutes a “search” under the Fourth Amendment? Briefly explain the legal standard.

Question 19

Under Miranda v. Arizona, a suspect must be informed of certain rights prior to custodial interrogation. Identify and briefly explain two exceptions to the Miranda requirement.

Question 20

Under Terry v. Ohio, what standard must be met before a person may be stopped and frisked? Identify and explain the standard. Also explain if the Terry court found that a stop is a “search” under the Fourth Amendment.

Question 21

Under Gonzales v. Raich, what are the three categories of activities that Congress may regulate pursuant to the Commerce Clause? Identify and briefly explain each of the three categories.

Question 22

What is the Parol Evidence Rule? Explain the requirements of the rule and the effect of the rule on contract interpretation

Question 23

Identify and briefly describe each of the five main discovery methods in a civil lawsuit.

Question 24

Briefly explain the legal standard for what qualifies as a search under the Fourth Amendment.

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Question 25

Identify and briefly explain the circumstances under which a search may be conducted without a warrant and without probable cause, but still be reasonable under the Fourth Amendment.

Question 26

Explain why no Miranda warnings are required prior to covert custodial interrogation (that is, custodial interrogation by a police officer or agent whom the suspect does not know is a police officer or agent).

Question 27

Explain when strict scrutiny applies to alleged equal protection violations.

Question 28

Briefly explain the importance of content and viewpoint neutrality of government regulations of speech.

Question 29

Explain the parol evidence rule and how it applies to contract interpretation.

Question 30

Explain why a contract to perform a pre-existing duty may not be enforceable.

Question 31

Identify and explain the different types of defect that may give rise to a products liability claim.

Question 32

Identify and briefly explain the types of damages available in tort claims, including when punitive damages are available.

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