Term
| Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in? |
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Definition
| Jackson County Circuit Court |
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Term
| You were convinced of the federal crime of possesion of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case? |
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Definition
| 4th Circuit Court of Appeals |
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| You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constititutional. Which branch of government could pass a law which could eliminate this fee for you? |
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Definition
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| You work as a paralegal for a local law office. Last Tuesday Maria Shriver came to your office and informed you that she wanted some assistance in filing bankruptcy. Maria currently lives in Charleston, West Virginia. What kind of court will Maria be in if she files bankruptcy? |
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Definition
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| You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. The civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case? |
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Definition
| West Virginia Supreme Court |
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Term
| Does the court that your brother in Question #6 appeals have to accept his appeal to the West Virginia Supreme Court? |
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Definition
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Term
| Under the power of judicial review: |
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Definition
| A judge may render a legal rule unenforceable by declaring it in conflict with the Constitution. |
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Term
| The constitutional prohibition of ex post facto laws: |
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Definition
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Term
| Which of the following is not a step involved in applying stare decisis? |
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Definition
| Holding hearings or considering comments from interested parties about the proposed rules |
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Term
| Lee was charged with public intoxication. Shortly after being charged with the offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered: |
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Definition
| Privileged communication under the attorney-client privilege |
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Term
| In addition to statements made to an attorney, the attorney-client privilege covers: |
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Definition
| Information divulged to an attorney's subordinates, such as secretaries or paralegals |
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Term
| The attorney work product privilege: |
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Definition
| Considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients |
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Term
| Bo Duke was shot recently while attempting to rob a bank in Hazard County, West Virginia. Bo goes to his local doctor to seek treatment for his gunshot wound. While at his doctor's office, Bo's doctor asks Bo as to why he was shot. Bo admits that he was shot while attempting to rob a bank. Eventually the police uncover evidence which suggests that Bo was the attempted bank robber. The prosecuting attorney for Hazard County attempts to subpoena Bo's doctor to testify at court so that the prosecution can prove that Bo was indeed the bank robber. Bo's lawyer moves in limine to exclude the doctor's testimony. How should the court rule? |
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Definition
| The doctor's testimony should be admitted |
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Term
| Bo Duke was shot recently while attempting to rob a bank in Hazard County, West Virginia. Bo goes to his local priest to seek confession of his sins. Bo confesses his crime to his priest. H owever, at the time that Bo is confessing his crime, the priest's sister (a paralegal for a local real estate law firm in town) sticks her head in the door and tells the priest that she's going over the Outback Steakkhouse to order some Bloomin' Onions. The law firm that the sister works for does not represent Bo. Later, Bo learns that the priest's sister heard Bo's confession. Under what theory is Bo's confession to his priest privileged? |
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Definition
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Term
| What privilege can prevent a statement from coming into evidence in a civil lawsuit when that statement involves the issue of whether someone was civilly liable (and not criminally liable) for damages? |
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Definition
| Attorney Client Privilege |
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Term
| Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization? |
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Definition
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Term
| In the "private judging" form of dispute resolution: |
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Definition
| A hired judge renders a binding opinion after hearing the evidence and arguments of the parties |
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Term
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Definition
| Events occurring after the filing of the lawsuit have made a decision beside the point |
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Term
| Jurisdiction is defined as: |
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Definition
| The authority of a court to hear a case and render a binding decision on it |
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Term
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Definition
| Is jurisdiction over questions arising under federal laws, treaties, and the U.S. Constitution |
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Term
| A U.S. Court of appeals is empowered to: |
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Definition
| Review legal conclusions reached by lower federal courts and administrative agencies |
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Term
| The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a: |
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Definition
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Term
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Definition
| Must contain sufficient facts to show that the plaintiff is entitled to some legal relief |
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Term
| A rule of law enabling the defendant to win even if all of plaintiff's allegations are true is a(n): |
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Definition
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Term
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Definition
| Admits or denies each allegation of the complaint, paragraph by paragraph |
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Term
| A new claim stating that plaintiff owes defendant damages because of harm resulting from the incidient alleged in the complaint is a(n): |
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Definition
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Term
| A defendant may make a motion to dismiss when: |
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Definition
| It is clear that the plaintiff does not have a case and it would be wasteful to continue |
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Term
| In the discovery phase of a lawsuit: |
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Definition
| An attorney can request a copy of almost any relevant piece of evidence that the opposite party might rely on |
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Term
| A procedural device that is designed to narrow isseus to be proved at trial or to facilitate a settlement is the |
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Definition
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Term
| What is true of a criminal trial? |
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Definition
| The burden of proof is "beyond a reasonable doubt" |
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Term
| The term "amicus curiae" means: |
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Definition
| "Friend of the court," or a third party allowed to file briefs |
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Term
| A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a: |
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Definition
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