Exam 4: Legal System

The term "substantive law" refers to _____________________________.

Art Dealer agreed to sell a Monet painting to Buyer. Dealer and Buyer agreed to a price of $350,000 with delivery to occur in one week. Two days later, Purchaser offered to buy the Monet for $450,000, and Dealer accepted. When the date for delivery to Buyer arrived, Dealer refused to complete the transaction. If Buyer sues, Buyer may be entitled to _____________________.

The term "civil code law" refers to ____________________________.

A possible working definition of the term "law" is _______________________________.

Under American civil law, a contract is a(n) ________________.

After trial in a negligence suit, the jury awarded $500,000 to the plaintiff. Out of the $500,000, $100,000 was allocated as compensatory damages for the plaintiff's medical bills, lost wages, and pain and suffering. The remaining $400,000 was awarded because the jury concluded that the defendant's conduct was outrageous and reckless. Thus, the additional $400,000 was awarded as ___________________.

Paula lives in Harris County. She entered a contract with Deke, who lives in Sherman County. Paula wants to sue Deke for breach of contract. Under state law, Paula must sue a defendant in the defendant's county of residence, so she must sue Deke in Sherman County. This is an example of _________________.

Which of the following is NOT an example of a public law?

The term "criminal law" refers to _____________________________.

Brook needed a new washing machine. She entered an agreement with George's Household Appliance Store to purchase a washing machine for $500. Brook signed the contract, paid the $500, and made arrangements for the delivery two days later. When the delivery was not made, Brook called George's, and George's said they had no record of her purchase. If Brook sues George's, she will most likely be entitled to ______________________.

To assert a claim under the U.S. Constitution in federal court, the claim must be ______________.

The term "felony" is commonly defined as _____________________________.

Pete is a resident of Minnesota. Dena is a resident of Wisconsin. While she is visiting relatives in Minnesota, Dena drives negligently and collides with Pete at an intersection, totaling Pete's new Ferrari and causing serious injury to Pete. Pete files suit in U.S. District Court seeking $500,000 in damages. The court has subject-matter jurisdiction because __________________.

A negligence suit arising from an automobile accident is an action at ____________, so after the matter has been litigated, the judge will enter a(n) _______________.

The term "concurrent jurisdiction" refers to _____________________________.

For the United State District Court to have jurisdiction in a federal questions case, the action must ______________.

The United States Supreme Court has ruled that criminal defendants are entitled to the assistance of counsel. The Court's ruling is based on ________________________.

In the American legal system, the law is classified into two basic categories, _____________ and ______________.

Congress enacted a statute entitled the Religious Freedom Restoration Act (RFRA). The United State Constitution prohibits excessive entanglement between government and religion as a violation of the Establishment Clause. The United States Supreme Court held that the RFRA violated or conflicted with the Establishment Clause. The Court then struck down the RFRA because __________________.

Generally, tort claims are categorized as ________________, _______________, or ________________.