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Business 18 Spring 2012

Preparation hints for Exam #1


General Hints
1. Exam 1 will cover chapters 1, 3, and 4 plus the associated lectures.
2. You must bring a Scantron answer form, and a number 2 pencil to the exam. Please make sure
your Scantron answer form is not three-hole punched, folded, or wrinkled, because I won't
accept it if it is.
3. Closed book, closed notes. NO ELECTRONICS.
4. Specific Hints
Not everything that is listed below will be on the test. And there may be questions on the test on topics
that are not listed below. However, the items below are among the most important lessons of this
portion of the course and have a higher than average probability of appearing on exam 1.
The following items are from chapter 1:
1) The meaning and an understanding of the following terms and expressions: federalism, common
law, statute, the doctrine of precedent, stare decisis, substantive rules (or arguments), procedural
rules (or arguments), case dismissed, plaintiff, defendant, criminal law, civil law.
2) The following four main sources of law:
a) The U.S. and State Constitutions
b) Statutes
c) Common law
d) Administrative Law
3) Two additional sources of law:
a) Treaties
b) Executive orders
4) That contract law and tort law are both part of civil law, not criminal law.
5) The key differences between civil law and criminal law.
6) The names of the three branches of the federal government.
7) The names of the two houses of Congress (the U.S. Senate and the U.S. House of Representatives,)
and the name of the legislative branch of the state government of California (the California state
legislature).
8) That the Constitution ensures that the powers not specifically granted to the federal government are
retained by the states.
The following items are from chapter 3:
9) The meaning and an understanding of the following terms and expressions: litigation, alternative
dispute resolution, advantages/disadvantages of ADR, mediation, mediator, arbitration, arbitrator,

discovery, mandatory arbitration, mandatory arbitration provision, trial court, jurisdiction, trial
courts of limited jurisdiction, trial courts of general jurisdiction, appeal, appellate courts, reversed,
affirmed, remanded, federal question case, diversity of citizenship case, United States District
Court (federal trial court), United States Courts of Appeals, the pleadings, the complaint, service,
the answer, a counter-claim, interrogatories, depositions, request to produce documents (subpoena
duces tecum), request for admissions, a motion for summary judgment, adversary system, voir dire,
challenge for cause, peremptory challenge, opening statements, burden of proof, direct
examination, cross-examination, leading question, expert witness, objection, a motion for a
directed verdict, closing arguments, and a motion for a judgment non obstante veredicto (judgment
n.o.v.,).
10) The name, basic facts, decision, and key lessons from the following case:
a) Jones v. Clinton.
11) That the United States has over 50 independent court systems.
12) That, generally, an appeal court will accept a factual finding made by a trial court unless there was
no evidence at all to support that finding.
13) That the president of the United States nominates all federal court judges, even U.S. District Court
judges, and the U.S. Senate confirms all those nominations.
14) That over 90% of civil lawsuits are settled or dropped before trial begins.
15) Know when the parties have a right to a jury trial and when they do not. That they might waive
that right.
16) That each side will have an unlimited number of challenges for cause but only a limited number of
peremptory challenges (no reason needed) during voir dire.
17) The burden of proof in a criminal trial and the burden of proof in a civil trial.
18) The order of the litigation process (see Smiles v. Coastal Insurance).
19) That the burden of proof is generally on the plaintiff to prove the case.
20) What one type of question an expert witness may answer that ordinary witnesses may not
(opinion).
21) That leading questions can only be asked of hostile witnesses, not friendly witnesses.
22) The 4 basic claims that can be brought in federal court under federal question jurisdiction.
23) The 2 requirements for a case to be brought in federal court under diversity of citizenship
jurisdiction.
24) That there are no juries and no witnesses in an appellate court.
25) The basic appeal court options:
a)
b)
c)
d)

Affirm
Modify
Reverse and remand
Reverse

The following items are from chapter 4:


26) The meaning and an understanding of the following terms and expressions: common law,
statutory law, stare decisis, precedent, bystander law, conference committee, statutory
interpretation, public policy, congressional override, administrative law, administrative law judge,
enabling legislation, legislative rules, interpretive rules, informal rulemaking, formal rulemaking,
subpoena, subpoena duces tecum, and search and seizure.
27) Be thoroughly familiar with the name, facts, decision, and key lesson from the following case:
a) Tarasoff v. U.C. Regents
28) Understand what the Administrative Procedure Act is and why types of agencies it covers.
29) The three primary steps in a courts interpretation of a statute and when each is used:
a) The plain meaning rule
b) Legislative history and intent
c) Public policy
30) The three kinds of power granted to administrative agencies:
a) Rulemaking
b) Investigation
c) Adjudication
31) The doctrine of exhaustion of remedies.
32) The basic provisions or purpose of the Freedom of Information Act (FOIA.)
33) The major distinction between executive and independent agencies.
34) The major differences between administrative agency informal rulemaking and formal rulemaking.
35) How a bill becomes law (the steps).
36) That upon judicial review of an administrative agencys action, courts usually accept the facts of
the case as determined by the agency and often defer to the agencys interpretation of the law.
37) Presidential veto and what it takes to override.