Question 1

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

Accepted Answer

Less than 2% of all lawsuits filed actually go to trial. The vast majority are settled out of court or dismissed before reaching trial.

Question 2

What are the main considerations of procedural due process?

Accepted Answer

Procedural due process includes all three considerations of accuracy, fairness, and costs. Accuracy ensures that the legal process is upheld and that the outcome is based on facts and evidence. Fairness ensures that all parties receive a fair and impartial hearing without bias or discrimination. Costs ensure that the legal process is efficient and does not burden individuals with excessive expenses. Therefore, all of the above considerations are important in procedural due process.

Question 3

An appellant is

Accepted Answer

An appellant is the party who brings an appeal. This means they are not necessarily the losing party at the trial-court level and they may be a plaintiff or defendant.

Question 4

A breach of contract happens when

Accepted Answer

A breach of contract occurs when one party fails to fulfill their obligations as outlined in the contract. This could include failing to deliver goods or services or not making payment as agreed upon. The other choices (B, C, and D) describe different legal scenarios, but do not necessarily relate to a breach of contract.

Question 5

Mildred Jeter, a black woman, and Richard Loving, a white man, were residents of Virginia.In 1958 they were married in the District of Columbia.The Lovings returned to Virginia to begin their married lives together.The State of Virginia prosecuted and convicted the Lovings of violating Virginia's statute prohibiting interracial marriages.The Lovings were sentenced to a one-year jail term, which would be suspended if they agreed to leave Virginia for a 25-year period.The Lovings moved to the District of Columbia and brought a motion in the Virginia trial court to vacate the judgment and set aside the sentence.They maintained that their Fourteenth Amendment due process rights had been violated by Virginia.Explain the Lovings' argument.

Accepted Answer

The answer of Mildred Jeter, a black woman, and Richard...

Question 6

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?

Accepted Answer

John's actions were illegal and could result in both criminal and civil proceedings. Using explosives to defend property is not considered reasonable force and caused serious harm to Tom. Criminal charges could be filed for assault or even attempted murder, while Tom could also file a civil lawsuit for personal injury.

Question 7

Due process applies to

Accepted Answer

Due process applies to both substantive and procedural law because it guarantees a fair and impartial legal process and protects fundamental rights and liberties. This includes protections such as the right to a fair trial, notice of charges, opportunity to be heard, and the right to appeal.

Question 8

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

Accepted Answer

Henry II was known for his legal reforms, including the establishment of a common law system throughout England, which laid the groundwork for the modern legal system in English-speaking countries.

Question 9

Our nation is committed to the rule of law.What does that mean?

Accepted Answer

The commitment to the rule of law means that our laws apply to everyone, regardless of their social status or level of education. No person or group is above the law and everyone is accountable for their actions. The principle of the rule of law is essential to a fair and just society.

Question 10

Which of the following is not a fundamental right under substantive due process?

Accepted Answer

While the Supreme Court has recognized a fundamental right to privacy that includes a woman's right to use contraception, as well as a fundamental right to parent and make decisions about a child's upbringing and education, there is no recognized fundamental right to health care under substantive due process.

Question 11

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

Accepted Answer

In a civil case, the plaintiff is listed first in the caption. Therefore, Webster would be listed first, followed by the defendant Olson. Choice A is incorrect because it lists the parties in reverse order. Choice B is incorrect because it suggests that the State of Hawaii is a party to the case, which is not the case in a civil lawsuit between two individuals. Choice D is incorrect because it lists the State of Hawaii as a party, which is again not the case in a civil lawsuit.

Question 12

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?

Accepted Answer

The observers in question would belong to the Legal Realism school of thought, which holds that the law is not a set of abstract rules, but rather a collection of personal biases, social mores, and political agendas. Legal Realists believe that judges are not impartial arbiters of the law, but individuals who bring their own prejudices and perspectives to the bench. Therefore, they would likely view the verdict in the Rodney King case as a product of personal biases and political pressures, rather than a fair and impartial application of the law.

Question 13

Which of the following statements regarding Katko v.Briney is true?

Accepted Answer

Katko v.Briney is a civil case where the plaintiff (Katko) sued the defendant (Briney) for setting up a spring gun to protect his property that injured Katko. The landowner (Briney) was found responsible and had to pay damages, but he did not face a separate criminal proceeding. There was no requirement for a new trial as there was no unanimous decision in the appeal.

Question 14

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

Accepted Answer

Following precedent when deciding cases was a traditional characteristic of the English law courts.

Question 15

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?

Accepted Answer

The state statute allowing seizure prior to notice and hearing violates the Due Process Clause of the Fourteenth Amendment, which requires that individuals be given notice and an opportunity to be heard before their property can be taken away. This violates the fundamental fairness that is required in legal proceedings.

Question 16

Describe the purpose of a case brief and list its main elements.

Accepted Answer

The answer of Describe the purpose of a case brief...

Question 17

A contract consists of

Accepted Answer

A contract consists of three key elements: an offer (a proposal or expression of willingness to do business), acceptance (an unconditional agreement to the terms of the offer), and consideration (something of value that is exchanged between the parties). Without all three of these elements, a contract is generally not considered legally binding. While remedies and equitable relief may come into play later in the event of a breach of contract, they are not fundamental to the formation of the contract itself.

Question 18

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?

Accepted Answer

Vague criminal statutes can result in arbitrary and discriminatory enforcement by police officers, which violates substantive due process rights.

Question 19

When an appellate court remands a case, it

Accepted Answer

The answer of When an appellate court remands a case,...

Question 20

The Fifth and Fourteenth Amendment Due Process Clauses apply to

Accepted Answer

The Fifth and Fourteenth Amendment Due Process Clauses apply specifically to governmental actions, not to actions taken by private parties. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment applies to state and local governments.

Quiz 1: Introduction