fill in the blank

Question 2

1. An attorney has a case in Iowa that has a legal issue to be decided.The attorney brings in a case from the neighboring state of Nebraska that was decided by the Nebraska Supreme Court.The judge in the state of Iowa is not REQUIRED to follow that Nebraska case, but can consider it.The case law is referred to as___________________________________ authority since the Iowa judge may, but does not have to decide the same way as Nebraska.

Question 3

1. If the United States Supreme Court decides a case and interprets a law in a certain way, they are the only ones who can __________________________ from precedent because that case is otherwise binding on every court in the United States.

Question 4

1. ________________________________________ consists of rules, orders and decisions of agencies such as the FDA (federal) or DOT (state).

2 points

Question 5

1. ___________________________________ is the doctrine that says we must follow the cases that have been decided before.It is to stand on decided cases and makes our laws and decisions more reliable and predictable.

2 points

Question 6

1. A _______________________________ is the person being sued.

Question 7

1. If the Supreme Court of Iowa decides a case and interprets the law in a certain way, that case is considered to be ________________________ authority on all of the courts within the state of Iowa because the Iowa courts are required to follow it.

1. The __________________________________ is a body of general rules that were applied throughout English courts and is from where much of American law is based .

Question 9

1. The ________________________________ was applied in the Heart of Atlanta Motel case hen the Court ruled that the Civil Rights Act of 1964 applied to the motel under this clause.The Court said that running a motel affected interstate commerce and therefore congress had the power to regulate the business activities. The motel was thereafter required to rent rooms to African Americans.

2 points

Question 10

1. The ______________________________________________ states that similarly situated individuals must be treated in a similar fashion.There are three different categories of classifications within this clause.

2 points

Question 11

1. The first amendment includes several freedoms, one of which is freedom of speech.The Tinker case discussed______________________ speech, which was the wearing of the arm bands rather than actually speaking words.Displaying your speech in this way is protected along with spoken words.

2 points

Question 12

1. The second amendment to the constitution deals with the right to bear arms.Over the course of time, many cases have gone before the Supreme Court of the United States modifying what this amendment means or includes.The job of the courts isto _________________________ the law to see how it should be applied and in some cases whether or not it is constitutional.

2 points

Question 13

1. Under the states ____________________________________ it has the rights to regulate private activity to protect and promote public safety and order.

2 points

Question 14

1. Under the system of _______________________________________ each branch of government exercises checks on the others.We saw this played out in the Varnum Case in the state of Iowa.

2 points

Question 15

1. If a law or action limits someone's ability to do somethingbased on their race the the _______________________________ test will be applied and the classification that has been made must be necessary to promote a compelling government interest.

2 points

Question 16

1. If a law or action restricts your ability to do something based on economic or social welfare, then the ____________________________________ test will be applied by the court and the classification will be valid so long as there is any conceivable rational basis on which the classification might relate to a legitimate government interest.

2 points

Question 17

1. If a law or action restricts your ablity to do something based on gender, the court will apply the _______________________________________ test and the classification must be substantially related to important government objectives.

2 points

Question 18

1. Any effort to attempt to settle your case without use of the traditional judicial process (or trial) is referred to as _______________________________________.

2 points

Question 19

1. Before a case can be brought, the court needs to have _____________________________ over the person and the subject matter.

2 points

Question 20

1. If I am not happy with the result at trial I have the right to file a(n) ____________________________ to request that a higher court review it.

2 points

Question 21

1. If I need to get medical records and insurance policies and pictures and medical bills and any other records, I could do fact finding (discovery) method called ____________________________________________________ where I demand that they turn over all of those documents.

2 points

Question 22

1. If you and the other party and your attorneys engage the services of a neutral third party to help you settle your lawsuit, you are participating in a ___________________________.

2 points

Question 23

1. If you hire a person to hear both sides of the case and make a binding decision prior to going to trial, you are participating in _______________________________.

2 points

Question 24

1. If you do not think there are legal grounds for the case that has been filed against you, you could file a(n) __________________________________________ stating that the case should be eliminated for the reason that it fails to state a legal claim upon which relief could be granted.This thing could also be filed if there was improper service or lack of jurisdiction over the person.

2 points

Question 25

1. It is possible for a resident of Iowa to sue a resident of Nebraska.As long as the resident of Nebraska has sufficient minimum contacts with the state of Iowa, the Iowa Court will be exercise personaljurisdiction over the Nebraska resident under the ________________________________________.

2 points

Question 26

1. Once you decide which court has jurisdiction, you have to decide the most appropriate place (county or district) to have the trial.This is referred to as ____________________.

2 points

Question 27

1. One form of fact finding that includes sending written questions to another party that they must answer under oath is called ________________________________.

2 points

Question 28

1. When you are doing fact finding in preparation for trial, you are engaging in something called ________________________________________________.

2 points

Question 29

1. ___________________ jurisdiction means jurisdiction over property.

2 points

Question 30

1. __________________________________ jurisdiction means jurisdiction over the person.