Week 1 Practice Assignment A(n) _________________ is a request for a higher court to review whether errors of law occurred in a case that was already decided in a lower court.

Week 1 Practice Assignment

1. A(n) _________________ is a request for a higher court to review whether errors of law occurred in a case that was already decided in a lower court.

appeal

2. ______________ jurisdiction refers to the power of a court to exercise authority over the property involved in the dispute.

Subject matter

3. Courts of _________________ jurisdiction may hear many different types of cases.

general

4. Under the doctrine of _________________, the U.S. Supreme Court may declare any law unconstitutional.

judicial review

5. _________________ is a judgment entered by a court for one party and against another without a full trial.

Summary judgment

6. The rule that a final judgment by a court determining the rights of the parties is conclusive and the issues may not be raised again is called _________________.

res judicata

7. The doctrine of following the decision of a previous court ruling is known as _________________.

stare decisis

8. Which of the following is not a stated purpose or function of the law?

to govern a democracy with fairness

9. Which school of legal thought expresses the idea that law changes to reflect a changing society?

the historical perspective school of thought

10. Which of the following is an unacceptable reason to exclude a potential juror?

The potential juror is female, and the defendant has requested an all-male jury.

11. The party at whom a complaint is directed is called the _________________.

defendant

12. The party who files a complaint in a civil case is called the _________________.

plaintiff

13. _________________ refers to the principle that an actual controversy must exist before a court will hear legal claims.

Ripeness

14. _________________ refers to the location of the trial.

Venue

15. Non-Judicial Dispute Resolution Alternatives: Match the dispute-resolution terms with the correct definition.

Parties attempt to settle disputes through compromise. Negotiation

A neutral third-party expert meets with the parties separately and then together and offers compromise solutions. Mediation

Document that outlines the terms of the compromise. Settlement agreement

A legal expert listens to the matter and imposes a resolution. Arbitration

16. Which of the following is not true of the U.S. Constitution?

It authorizes that state laws have priority over it.

17. The _________________ Clause states that the U.S. Constitution and federal laws are the highest laws of the land.

Supremacy

18. Which of the following describes substantive due process?

Government laws must be clear, understandable, and designed to further a legitimate governmental purpose.

19. Which of the following is not true of free speech?

Speech with a political purpose is less protected than speech with a commercial purpose.

20. True or false: The clear and convincing evidence burden of proof requires that the evidence presented is so clear that it requires the assent of every reasonable mind.

True

 

 

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