Exam 1: Introduction

It is common for contracts to be imposed by law.

Many observers disagreed with the verdict in the famous first Rodney King case, believing that the verdict was not based on the evidence.In other words, many observers believe that race, money, and personal prejudices were the basis for the verdict, not the evidence, and that the law did not reflect what happened in the courtroom.To what jurisprudential school of thought would these observers belong?

One reason that vague criminal laws may be ruled unconstitutional is because they may authorize arbitrary and discriminatory enforcement.Even laws that are not vague; i.e., those which seem straightforward and impartial-are often applied in an unfair manner because of the prejudices and biases of people participating in the justice system.The belief that the law is often applied in an arbitrary manner because of social realities is associated with what jurisprudential school of thought?

When an appellate court remands a case, it

The king most involved in the development of the English common law was

Compare criminal and civil law.Who sues whom in each area? What kinds of acts generate a suit? What kinds of remedies are available? Explain your answers fully.

The party that appeals a suit is the appellant; the party against whom the appeal is taken is the appellee.

Which of the following was a traditional characteristic of the English law courts?

Fuentes purchased a stove and stereo from Firestone Tire and Rubber Company.Payment was to be made in monthly installments over a period of time.After two-thirds of the payments were made, Fuentes defaulted.Firestone filed an action for repossession and at the same time instructed the sheriff to seize the property pursuant to state law.The sheriff seized the property before Fuentes even knew of Firestone's suit for repossession.Which constitutional safeguard does the state statute, which allows seizure prior to notice and hearing, violate?

If Webster sues Olson for breaking Webster's arm in a barroom fight in Lihue, Hawaii, the civil case would be captioned

An appellant is

A wrongful act must be intentional to be considered a tort.

If a criminal law is too vague or is overbroad, then substantive due process rights are violated because such a law fails to give citizens fair notice of what is prohibited.What is another concern raised by vague criminal statutes?

One example of public law would be when one person contracts to buy flowers from another.

John was tired of having his lunch stolen from his locker at his place of employment.To get even with the thief, John armed the locker with explosives that would be triggered by the movement of the lunch bag.When triggered, the explosion seriously inured Tom, who had been taking the lunches for his own consumption.Which of the following statements is true?

Both public and private law seek justice, speed, and economy.

A contract consists of

An intentional tort can lead to both criminal and civil charges.

What percentage of all lawsuits filed actually are decided at trial?

What are the main considerations of procedural due process?