Exam (elaborations)
CET Exam Questions and Answers 2024
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Exam of 20 pages for the course aaert at aaert (CET Exam)
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CET ExamFederal judiciary - answer one system operates throughout country w one set rules
Supreme Court - answer Highest. Final interpreter of Constitution. Strike down acts of
Congress or state laws is called judicial review.
Judicial opinions not issued in advance
Below Supreme Court est by Congress – answer circuit court of appeals, each
responsible for certain states. Each overseen by Supreme Court Justice
Two or more circuit courts can decide appeals similar in nature "on all fours" - answer if
contradictory, Supreme Court will conform to keep federal law unitary
Lowest Tier of federal judiciary - answer federal district courts.
almost all federal law begins here because of general jurisdiction. Each state has at
least one. Morea based on population.
Have power to issue writs of mandamus to compel official or agency to perform duty.
Can also issue injunctions to forbid acts
United States Code (statutory law) - answerfederal statues are found in (united states
code is where the federal statutes abode)
State enactments are found (statutory law) - answerown code books(state Enactments
have their own code)
body of principles which are authoritive because they are ancient and customary.
Often viewed as encompassing all law common to everyone - answercommon law
From time immemorial
or
Judge-made laws
Remedies to winninf plaintiff - answerspecifice performace where losing defendant must
pay pecuniary damages, lost wages, for damaged property;special damages for pain
and suffering; punitive to punish defandant and warn others. Monetary
larger body of common law consist of torts(wrongs or injuries) - answerbiting dog,
negligent damage, battery, trespass, nuisance, libel, invasion, unfair business practice.
Uniform Commercial Code enacted in most states to ensure uniformity among
jurisdictions.
,res ipsa loquitur - answerthe thing speaks for itself--little evidence required. (Raj needs
a little liquor to speak for himself)
nonsuit - answera legal action that cannot be maintained (wrinkled suit is not
maintained)
prima facie. - answerat first appearance, present at least some evidence
( I always prima my facie before a first appearance)
administrative law is quasi-statutory, meaning - answer.i.e. law pass to regulate
adoption; state allow to decide how, when, who.
Code of Federal Regulations CFR - answerEach state has own regulations to
implement its statues
statutory law - answerrigid-file appeal in 90 days or lose(statutory law is rigid; do it in90
or burn your bridges)
principles of equity - answerallow rigidity of statutory law to be relaxed if no fault of
own(principles of equity relax the rigidity if it's not your fault you can sing this ditty0
legal fiction - answercalling vines trees to adhere to law....
black letter - answerliteral statements found in that statutes (black letter statements
found on the plaque of that statutes/statue)
Courts that can decide a matter with or without a written opinion - answerstate and
federal appellate courts, and the Supreme Court
published findings of judges and jury verdicts are - answermade so by reading them
aloud in court
published decisions - answeroffically recgonized volumes printed and bound
most cited published decisions are - answerfederal
fed second F.2d - answerReferes to second set of federal volumes
lawyers making reference to prior cases are - answerciting precedents
How Statutory law, federal, and state are cited - answeraccording to the rules,
they are numbered and lettered differently from jurisdiction to jurisdiction
court reportes must know own jurisductions statutory forms - answer-
, Court opinions are cited by - answercase name, volume no, court's name and term(year
of decision)
Smith v. Thomas 146U.S.7852(2011)
dicta (singular Dictum) - answerextraneous comments which cannot be cited as
precedents( the more dicta you get, the dumber they are and can't be cited)
benchmark or landmark decisions - answersignificant rules. may affect long-cherished
principles, establish new legal standards
Sheparding - answerchecking if a prior opinion is still valid
Shepards Citiations is a reference. LexisNexis or Westlaw are Internet sites.
arbitration - answerresolution to save cost, time gaining popularity
cause of action - answertake someone to court because you feel wrong and it is valid
who files a complaint - answerplaintiff
complaint - answersets out allegation of wrongdoing to defendant
Defandant is not offically involved until receiving a - answercomplaint, and until then a
case cannot proceed
a complaint is served via - answersheriff, marshal, private processsor
summons - answerhow a defandant is called to court
how defendant responds to summons - answeranswering complaint-reason he thinks
relief should not be granted to plaintiff
cross-complaint - answerdefendant files in response to summons as defendant believed
he was wronged
how a matter is placed on the calendar - answerassigned a docket no
class action - answerparty or group of people sharing sufficient interest in outcome of
cause.(my class threw a party because we shared the same major and interst)
in criminal cases the state is always the - answerprosecuting complainant.
victims of crimes can never prosecute criminal cases
Motion filed to gain access to: record possessed by other side, access to witnesses,
supression of evidence deemed improper, obtaining protective order. Motions make
take up much court time before trial begins - answerMotions in limine (I'm in limine limbo
while you take all this time to get started)
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