LAW421 Final Exam Study Guide

Explanation: Mediation seeks to find a mutual agreement between the disputed parties. No judge is necessary.

 

 

2) Describe jurisprudence:

 

The study of the science and philosophy of law

 

Explanation: Jurisprudence is a core concept that studies society’s viewpoint of legal issues and legal theory.

 

 3) The state of California is requiring all commercial trucks to get special windshield wipers installed at a price of $1,000 a pop. It’s supposed to increase safety, but this has not been fully proven. Trucks will have to go around the state to avoid the law. Is this law valid or invalid?

 

The law is invalid. It appears to be an intrastate law, but the statute have major implications on interstate commerce.

 

Explanation: Interstate commerce is a federal affair and thus makes this law invalid.

 

 

4) Where does the power of preemption come from?

 

Supremacy Clause of the US Constitution

 

Explanation: Supremacy puts federal more law above state law, aka Preemption. 

 

 

5) Name a major issue with international courts?

 

It’s difficult to enforce rulings on sovereign nations

 

Explanation: Sovereign nations have no good reason to follow rulings set in international courts.  

 

 

6) In the United States, who typically pays the cost of litigation when it comes to the plaintiff and defendant?

 

The plaintiff and defendant usually pay for their own legal costs

 

Explanation: Although there are some exceptions to this, each side normally pays for its own legal fees and costs.

 

 

7) How is torts law governed?

 

State common law

 

Explanation: Torts are set by the common laws of each individual state.  

 

8) Assumption of risk can be used as a defense for which claim?

 

Negligence

 

Explanation: Certain professions, such as doctors, present a large risk to their patients for negative outcomes. The patient must often assume the risk in these cases.  

 
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