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Contracts & Torts
Civil Procedure
The Federal Judicial System
The Constitution
Famous Cases & Judges
100
One of the elements necessary to form a legally binding contract, this term refers to anything of value that one party to a contract agrees to give the other in exchange for what the other party agrees to give him.
What is consideration?
100
A document filed in a court (usually the first document filed in a law suit) in which a person claims that his or her legal interests have been injured because of another person's violation of a law, and asks the court to remedy the injury (e.g., by awarding money damages).
What is a complaint?
100
The jurisdiction of a federal court to adjudicate cases in which the claims are based solely on state law, and: (1) the plaintiff and defendant are residents of different states; and (2) the amount in controversy is greater than $75,000.
What is diversity jurisdiction?
100
The first ten amendments to the Constitution
What is the Bill of Rights
100
A Supreme Court decision in 1905 holding that due process prohibited state legislatures from regulating the number of hours bakers could work per day.
What is Lochner v. New York?
200
Liability imposed on a person who engages in an "inherently dangerous activity" for any injury caused by that activity, even if the person takes all reasonable steps to prevent the injury.
What is strict liability?
200
A term applied to an order of a court, signifying that the order is a final determination of the issue to which it pertains, and that that issue cannot be raised again in any court.
What is "with prejudice"?
200
An order of the Supreme Court, issued at its discretion, granting appellate review of a decision of a lower court.
What is a writ of certiorari?
200
The article of the constitution concerning the judicial power of the United States.
What is Article III?
200
Author of the Supreme Court's decision in Dred Scott v. Sandford.
Who was Chief Justice Roger Taney?
300
a statement of fact(s) that the speaker knows to be false, or a failure to disclose true facts which the speaker has a duty to disclose, where the speaker knows or expects that the statement or omission will cause the listener to act in a way that will injure the listener and benefit the speaker.
What is fraud?
300
A set of conditions that must exist in order for a court to adjudicate a civil case, which consists of: (1) an injury to the legal rights or interests of at least one party, which was (2) caused by an act or omission of the other party, and which (3) the court has the power to remedy.
What is standing?
300
The only federal court, other than the Supreme Court, with jurisdiction to hear appeals concerning patent law.
What is the U.S. Court of Appeals for the Federal Circuit?
300
An implied rule of the Constitution that State governments are prohibited from making laws restricting interstate commerce
What is the dormant commerce clause?
300
Name of the case in which the Supreme Court established its authority to declare acts of Congress to be contrary to the Constitution and therefore void, a process now known as "judicial review"
What is Marbury v. Madison
400
A specific amount of money, agreed upon by the parties to a contract, which one party will pay the other if that party breaches the contract.
What are liquidated damages?
400
A judgment entered by a court, without trial, for or against a party to a lawsuit, based the court's application of the law to undisputed facts.
What is summary judgment?
400
The term for which federal judges hold their office
What is "during good behavior" ("good behavior" or "for life" acceptable)
400
The categories of restrictions that Congress and (now) state legislatures may constitutionally place on the exercise of free speech.
What are time, place, and manner?
400
First Chief Justice of the United States Supreme Court
Who was John Jay?
500
A hazardous object or condition on privately owned land that is likely to attract children who are unable to appreciate the risk posed by the object or condition.
What is an attractive nuisance?
500
A condition by which a party to a lawsuit is prevented from arguing one side of a question of fact or law, because he or she has previously benefited by arguing the other side of the same question.
What is estoppel?
500
The (now defunct) practice of Justices of the Supreme Court traveling to various geographic areas to serve on three-judge panels (consisting of two Supreme Court Justices and one district court judge) to review appeals of district court decisions.
What is riding circuit?
500
Interpreting the Fourteenth Amendment to the Constitution as making one or more of the first ten Amendments applicable to state governments.
What is Incorporation?
500
Decision of the Supreme Court in 1966, holding that statements of a criminal defendant made while in police custody, could not be admitted into evidence unless the prosecution could show that the police took steps to protect the defendant's Fifth Amendment right against self-incrimination
What is Miranda v. Arizona