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LEGL 2700 ROESSING TEST 1 QUESTIONS AND
CORRECT DETAILED ANSWERS |ALREADY
GRADED A+
verdict v judgement - ANSWER>>verdict: jurys decision
judgement: judge decides whether or not to accept verdict and grant judgement in favor of winning party
judgement notwithstanding the verdict - ANSWER>>dissatisfied party may file a postrial motion w judge -judge may enter a judgement opposite of jury's verdict if the judge finds that the verdict is erroneous as a matter of law
appellant - ANSWER>>party appealing
appellee - ANSWER>>successful party from trial court
petitioner - ANSWER>>party initiating writ of certiorari
respondent - ANSWER>>other party brought to appeals court
brief - ANSWER>>document used in appeals court that contains a short description of the case; factual summary; legal points and authorities; arguments for reversing or affirming the lower court decision
oral argument - ANSWER>>reviewing court is often given one of these too when deciding a case
execution of the judgement - ANSWER>>creditor can request assistance from court official (sheriff) to seize some property of the debtor, sell it at public auction, and apply the proceeds to the creditors claims 1 / 2
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garnishment - ANSWER>>a portion of debtor's wages paid to court which in turn pays the creditor
res judicata - ANSWER>>when the decision of the court has become final
federalism - ANSWER>>the separation of powers between levels of government -each level has a separate and distinct role
supremacy clause - ANSWER>>courts may be called upon to decide if a state law is invalid because it conflicts with a federal law
preemption - ANSWER>>if a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause
commerce clause - ANSWER>>if it affects interstate or foreign commerce, govt can regulate it...gives a LOT of power to govt -federal governments power to regulate business activity -foreign & interstate commerce affected
contract clause - ANSWER>>no state shall pass any law impairing the obligation of contracts -cant make laws that alter terms/requirements of contracts
-DOES NOT APPLY TO FEDERAL GOVT
establishment clause - ANSWER>>congress cannot make a law respecting an establishment of religion -no national religion -1st amendment
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