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- 1What are the two principle legal systems?1. Common Law
2. Civil Law - 2What Appellate Circuit Court is Carbondale in ?7th
- 3If Tom Miller… finds case in opposition to his client’s position, what obligation to the court does he have?An obligation to reveal that information to the court
- 41. An example of a supreme court decision where a right of privacy was violated?Griswold v Connecticut
- 5Give an example that exemplifies this quote from Justice BrandeisColorado because they were the first state to legalize marajuana
- 6Give an example of an unenforceable contract?A Contract made under duress
If company a brought products from company B for materials. Company A started building and then company b changes that prices for higher and company a was forced to pay the higher price because they needed the materials - 7Give me the three elements that is needed to develop a prima facie case to an intentional tort?1. An Act
2. An intention to so act
3. harm to the plaintiff that is casually related to the intentional act - 81. Give me the five elements that is needed for a unintentional tort?1.Duty
2. Breach of Duty
3.Damage
4. Cause in facts
5. Proximate Case - 9What is a leaseWritten Agreement
- 10How long does a patent owner have the exclusive right to the use of his invention or proceeds therefrom under current federal law?60 years
- 11What does a jury determine at criminal trial?To determine guilty or not guilty
- 12Where are the majority of the United States corporations incorporate?Delaware
- 131. What grants congress the authority to establish administrative agency’s?Article 1 of the Federal Constitution
- 141. Give an example of a situation where the court may grant palimony?When a couple breaks up after a long term relationship and they were not married
- 15What does FOIA mean and who can use it?Freedom of Information Act and the Public
- 16What’s a common law marriage and is it legal in Illinois?A marriage that takes legal effects with out a license, when two people that capable of marriage live together, intend to marry, and hold themselves as husband and wide and no.
- 17Give me three different types of corporations?1. Limited Liability Corporation (LLC)
2. C. Corporation
3. S. Corporation - 18Give me the insanity defense under McNaughton in a criminal trial?mental disorder defense, which states that a defendant is not responsible for his own action during a mental illness episiode.
- 19What is main difference between patent law and trade secret law?One is published and the other is never published
- 20Alice and Bob owns a piece of real estate, joint tenancy, who has the right to survivorship if Alice dies?Bob has sole ownership
- 21The statute of frauds requires a certain contract to be in writing give me an example of a contract that has be in writing under the statute of fraudsContracts exceeding one year
- 22What courts are bound by decisions of the U.S. Appellate Court for the 7th Circuit?All lower level courts
1. Circuit Court
2. Trial Court - 23What Appellate Circuit Court is Carbondale in?5th
- 24What is the Bill of Rights?First 10 amendments to the Constitution
- 25Does the state statute which prohibits or limits attorney advertising always violates the first amendment?no
- 26What are the three burdens of proof that we use in trial court1. beyond a reasonable doubt
2. preponderance
3. clear and convincing - 27!Who wrote the Declaration of Independence, when was it ratified, and what was its purpose?1.Ben Franklin, Thomas Jefferson, John Adams, Roger Sherman, and Robert Livingston
2. July 4, 1776
3. To explain why the colonies wanted independence - 28Article 2 of the United States Constitution enumerates the powers of the President, List 31. make treaties
2. nominate judges of the supreme court
3.fill vacancies in the Senate - 29What are the 3 types of Juries?1.Petit Jury
2. Grandy Jury
3. Corners Jury - 30Attorney’s are often referred to as officer’s of the court what does that mean and obligations does it impose?##
- 31The United States v. Eichman 1990, the U.S. Supreme Court held that The Flag Protection of 1989 was unconstitutional, Why?Violated First Amendment Rights
- 32List 3 most commonly used discovery tool?1. Depositions
2.Request to Produce Evidence
3. Interrogatories
4. Request for Admission - 33What are the three necessary parts of any legal and enforceable contract?1. Offer
2. Acceptance
3. Consideration - 34Explain how an attorney is compensated when he takes a case on a contingency basis?Their fee is paid out of the judgement. So if no judgment then the lawyer gets nothing
- 35What is adverse possession and how is it accomplished?it allows a person to obtain ownership over land involuntarily against the legal owner and it is accomplished by ???????
- 36Give me an example of a company that has enjoyed the benefit of a. Patent Law protection b. Copyright Law protection c. Trade Secret Protection d. Trademark Protection1.
2. Microsoft
3.Coca Cola
4. Nike - 37What is the exclusionary rule and What dose it mean in criminal court?When evidence has been improperly obtained and the evidence will be thrown out
- 38What is a sole proprietorship?is someone who owns an unincorporated business by himself or herself. The simplest form under which one can run a business
- 39What is the maximum number of biological parents/ legal parents that one child can know have to the advancement of medical?6
- 40What is the holding the Supreme Court decision Batson V. Kentucky 1986?We can not exclude black people from a jury without a good racially neutral reason
- 41Attorney Bob has a license to practice law in the state of Illinois, and attorney bob moves to Indiana, Can Attorney Bob Practice law in Indiana? Why?No because he is not licensed the in state and therefore can not practice law in the state or Indiana
- 42The first amendment of the United States Constitution says “Congress shall make no law abridging the freedom of speech, give me an example of speech that is not protected by the first amendment?Yelling fire in a crowded movie theatre
- 43What are the four principles for intellectual property law protection?Patent, Copyright, Trademark, and Trade Secret
- 44In 1963 the Supreme Court decided Gideon v Wainwright What is the legal significance?The courts decided that anybody charged with a felony crime is entitled to be represented for free
- 45The difference between formal and informal rule making procedures by an agency?one is done in court proceeding and the other is done in public proceedings
- 461. Why are individuals required to exhaust administrative discrepancy from the agency before seeking remedies from court?to save time and money
- 471. What has the supreme court… decided regarding same sex marriages?Oberfell v Hodges, under the 14th amendment has license a marriage between same sex and recognize a lawful license of marriage out of state
- 48What is the purpose of laws that are designed with the intent prevent monopolies? Why do we want antitrust?to prevent companies from charging the public obscene amounts for services. To prevent the unfair advantages over buyers
- 49How does a federal or state government have the authority to obtain private property?eminent domain
- 50What is the doctrine of res ipsa loquitur and when does it applyIs a doctrine that overcomes the burden of proving negligence whenever an accident occurs that would not have ordinarily occur without negligence and the defendant is the only party that reasonably could have committed the negligence.
- 51Courts in contract law cases can sometimes order specific performance of the terms of a contract, why do courts do that instead of ?When money is inadequate to protect the injured party or to make the party back whole.
- 52What is the standard used by the courts in deciding rather or not to grant summary judgment?When there is no genuine issue as to any material facts and the moving party is entitled to judgment as a matter of law.
- 53Article 1 section 8 of the U.S Constitution enumerates the powers of Congress, list three of those enumerated powers?1. declare war
2. establish post offices and post roads
3. to borrow money on the credit of the U.S
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- 1 Intro to American Law Karteikarten am Ohne Titel, erstellt von spatterson125 am 16/12/2015.
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