Describe the bases for federal subject matter jurisdiction

Assignment Help Other Subject
Reference no: EM132129731

Answer the questions

Book -INTRO TO LAW & LEGAL SYSTEM OF THE US BURNHAM
Publisher: WEST, ISBN: 9781634602075, Edition: 6TH , Copyright Year: 2016

Question 1

Describe the bases for federal subject matter jurisdiction and requirement(s) for each basis. (approx. response: two paragraphs)

Question 2

Explain the differences between a trial court and an appellate court (including differences in their purposes and how they operate).
(approx. response: two paragraphs)

Question 3

Explain the differences between an opening statement and a closing argument in a trial (including the differences in purpose and content).
(approx. response: one or two paragraphs)

Question 4

Briefly explain "stare decisis" and its effect on common law in the United States. (approx. response: one or two paragraphs)

Question 5

Briefly explain the differences between statutory law and common law (including the source(s) of each; how each is made; in what form each may be found; and where each sits in the hierarchy of authority).
(approx. response: two paragraphs)

Question 6

When a defendant has been served with a complaint in a civil lawsuit, what may the defendant file in response to the complaint? Identify and explain the two alternatives.

Question 7

What is a motion for summary judgment? At what point in a civil lawsuit is such a motion usually filed? What is the legal standard for granting such a motion?

Question 8

What are the main methods of discovery in a civil lawsuit? Identify and briefly explain each of the five main methods of discovery.

Question 9

To conduct a lawful search under the Fourth Amendment, often a warrant is required. Identify at least three exceptions to the warrant requirement. For each exception, briefly explain what the exception is, including whether probable cause is required for the exception.

Question 10

When there is a law that discriminates on the basis of a suspect class, "strict scrutiny" applies. Explain the "strict scrutiny" test.

Question 11

Explain the requirement that a plaintiff have "standing" to bring a lawsuit. What provision in the Constitution provides the basis for the "standing requirement?

Question12

What are punitive damages? Briefly explain what they are, including for what types of claims they are available and the purpose of punitive damages.

Question 13

Identify and briefly explain the two types of causation necessary to establish a claim of negligence.

Question 14

Briefly explain what ''judicial review " means in the American legal system and identify the constitutional basis for judicial review

Question 15

What is the Parol Evidence Rule? Explain the requirements of the rule and the effect of the rule on contract interpretation.

Question 16

Why is a contract to perform a pre-existing duty usually not enforceable?

Question 17

When a defendant has been served with a complaint in a civil lawsuit, what may the defendant file in response to the complaint? Identify and explain the two alternatives.

Question 18

What constitutes a "search" under the Fourth Amendment? Briefly explain the legal standard.

Question 19

Under Miranda v. Arizona, a suspect must be informed of certain rights prior to custodial interrogation. Identify and briefly explain two exceptions to the Miranda requirement.

Question 20

Under Terry v. Ohio, what standard must be met before a person may be stopped and frisked? Identify and explain the standard. Also explain if the Terry court found that a stop is a "search" under the Fourth Amendment.

Question 21

Under Gonzales v. Raich, what are the three categories of activities that Congress may regulate pursuant to the Commerce Clause? Identify and briefly explain each of the three categories.

Question 22

What is the Parol Evidence Rule? Explain the requirements of the rule and the effect of the rule on contract interpretation

Question 23

Identify and briefly describe each of the five main discovery methods in a civil lawsuit.

Question 24

Briefly explain the legal standard for what qualifies as a search under the Fourth Amendment.

Question25

Identify and briefly explain the circumstances under which a search may be conducted without a warrant and without probable cause, but still be reasonable under the Fourth Amendment.

Question 26

Explain why no Miranda warnings are required prior to covert custodial interrogation (that is, custodial interrogation by a police officer or agent whom the suspect does not know is a police officer or agent).

Question 27

Explain when strict scrutiny applies to alleged equal protection violations.

Question 28

Briefly explain the importance of content and viewpoint neutrality of government regulations of speech.

Question 29

Explain the parol evidence rule and how it applies to contract interpretation.

Question 30

Explain why a contract to perform a pre-existing duty may not be enforceable.

Question 31

Identify and explain the different types of defect that may give rise to a products liability claim.

Question 32

Identify and briefly explain the types of damages available in tort claims, including when punitive damages are available.

Reference no: EM132129731

Questions Cloud

Was this a legal firing in california : He soon found out why. It turned out Dan was making extra money by selling the promotional copies to record stores in town (to be sold, brand new).
Consequences of continuous us current account deficits : What do you think are the main causes for the deficits and what would be the consequences of continuous US current account deficits.
Read the given discussion and write your response : We went to the Countertop Shop on Saturday. It has a nice storefront along Airport Highway and a nice showroom, too. Better than you would think looking.
Why is flowcharting important : Why is flowcharting important? How does it help understand the process?
Describe the bases for federal subject matter jurisdiction : Describe the bases for federal subject matter jurisdiction and requirement(s) for each basis. (approx. response: two paragraphs)
What is the overall sigma level for this process : What is the overall sigma level for this process? What is the sigma level for the characteristic that showed four defects?
How does your saving and spending profile change : How does your saving and spending profile change depending on the state of the economy, i.e., whether the economy is in a recession versus expansion?
Ivonne callen sells beauty supplies : Ivonne Callen sells beauty supplies. Her annual demand for a particular skin lotion is 1,000 units. What is the minimum annual total cost?
Allison approach evaluating ventacare benefit program : How should Allison approach evaluating VentaCare’s benefit program? What are some benefits Allison should consider changing or eliminating? Why?

Reviews

Write a Review

Other Subject Questions & Answers

  Discuss criminology studies criminal behavior in society

Criminology studies criminal behavior in society. Criminal behavior is behavior that breaks criminal codes established by our society

  For the book american slavery american freedom

For the book American Slavery American Freedom by Edmund S. Morgan, In one sentence, how did Morgan succeed/fail in proving his point and why. State the author's thesis. In one sentence, summarize the author's purpose in this book.

  Type of hospital according to its form of ownership

Which of the followinging is not a type of hospital according to its form of ownership?

  Minimize occurrence of corporate crimes

What are some of the causes of these crimes? What actions can be taken to minimize the occurrence of corporate crimes?

  How basic tenets of theory impact study of learning how

professional psychologists in nonclinical fields provide valuable consultation services to governmental corporate

  Explain anthropological view of race

Carrying culturally constructed meanings. Do you agree with this anthropological view of race? Explain why or why not? Provide suitable example to support your opinion.

  Provide the codes for SNOMED-CT and ICD-10

Problem of Health Coding HIM 215 Subject - provide the codes for SNOMED-CT and ICD-10, and provide a description of the information

  How can one discern abuse from an sud

Explain in detail (using your readings and presentation from this module/week to support what you say) the relationship between abuse of substances and Substance Use Disorders (SUD's). How can one discern abuse from an SUD? What are the determinin..

  How you might influence social change for psychiatric mental

Post an explanation of how you, as a nurse practitioner, might become a social change agent for psychiatric mental health.

  Discuss local wind types

land and sea winds, mountain and valley winds and santaana winds, which do you think could be most easily harnessed for the generation

  Develop a categorical syllogism

Develop a categorical syllogism. Discuss the meaning of the terms and/or propositions with a goal of understanding the importance.

  National media assignment

You must research how that State (Ghana) has used at least two media platforms to promote a shared national identity among its citizens as well as how it has attempted to manage competing and/or dissenting national visions. You may choose among ra..

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd