Legal Foundations
What doctrine asks courts to follow controlling precedent so the law remains stable and predictable?
Stare decisis.
What constitutional provision gives Congress the power to regulate interstate commerce and activities that substantially affect it?
The Commerce Clause.
What requirement asks whether the plaintiff suffered a real injury connected to the defendant that a court can remedy?
Standing.
What pleading begins a civil lawsuit and states the facts, claims, jurisdiction, and requested relief?
A complaint.
What burden of proof requires a civil plaintiff to show that the claim is more likely true than not?
Preponderance of the evidence.
Constitutions, statutes, administrative regulations, and case law belong to what category of legal authority?
Primary sources of law.
A city limits demonstrations to certain hours without targeting the message being expressed. What type of speech restriction is this?
A reasonable time, place, and manner restriction.
What doctrine determines whether a court has power over the defendant?
Personal jurisdiction.
Depositions, interrogatories, document requests, and requests for admission are used during what stage of litigation?
Discovery.
What neutral third party helps the disputing parties reach their own agreement but ordinarily cannot impose a decision?
A mediator.
Congress passes a workplace-safety statute, and OSHA later issues detailed safety rules. What type of law are OSHA’s rules?
Administrative law.
When a law restricts speech because of its content, what demanding level of judicial review ordinarily applies?
Strict scrutiny.
A lawsuit arises under the U.S. Constitution or a federal statute. What basis permits it to be heard in federal court?
Federal-question jurisdiction
The defendant argues that even if every fact alleged by the plaintiff is true, the law provides no valid claim. What motion should the defendant file?
A motion to dismiss.
In what private dispute-resolution process does a neutral hear both sides and issue a decision that is often binding?
Arbitration
What legal-reasoning method stands for Issue, Rule, Application, and Conclusion?
IRAC.
When a valid federal law directly conflicts with Montana law, what clause makes federal law controlling?
The Supremacy Clause.
A Montana citizen sues a Colorado citizen for $90,000 under state law. What doctrine may permit the lawsuit to be heard in federal court?
Diversity jurisdiction.
No genuine dispute of material fact exists, so a trial is unnecessary. What motion should a party file?
A motion for summary judgment.
What term describes an appellate court sending a case back to the trial court for additional proceedings?
Remand.
When no controlling precedent exists, decisions from courts in other jurisdictions may guide—but do not bind—the judge. What are these decisions called?
Persuasive authority.
Before most constitutional protections restrict the conduct of a private business, what ordinarily must be present?
State action.
Ford deliberately advertised, sold, and serviced vehicles in Montana. What jurisdictional concept allowed Ford to be sued in Montana over an accident involving the same type of vehicle?
Sufficient minimum contacts or purposeful availment.
An out-of-court statement is offered through another witness to prove that the statement itself is true. What is this evidence called?
Hearsay
A business wants confidentiality, wishes to preserve an important customer relationship, and wants the parties to control the outcome. What ADR method is normally the best first step?
Negotiation. Mediation is also defensible if direct negotiations have failed.
A Montana online retailer is sued in federal court by a Wyoming customer for $120,000. The contract dispute raises only state law. The retailer was properly served but argues that federal court has no authority because no federal statute is involved. Identify the strongest basis for federal jurisdiction and one separate issue the court must still examine.
Diversity jurisdiction because the parties are citizens of different states and the amount in controversy exceeds $75,000. The court must also determine whether it has personal jurisdiction over the retailer and whether venue is proper.