Question

•        Sources of Law o What are the sources of Federal and State Law?

•        Legal Reasoning o What are the 4 steps in legal reasoning?

•        The Court System o What is the difference between a trial court and an appellate court?

o   Know the structure of the Texas Court system.

o   Know the structure of the US Federal Court system. o When do Federal Courts have Jurisdiction?

o   When do State Courts have Jurisdiction?

•        What are the types of Alternative Dispute Resolution?

•        Constitution Law o What power does the Commerce Clause grant the federal government?

o   What free speech rights do businesses have?

§ Political Speech

§ Commercial Speech o What is Due Process? o What is Equal Protection?

•        Torts o What is a tort? o How is a tort different from a crime? o What damages are available in tort actions?

o   Know about the following torts:

§ Battery

§ Assault

§ False Imprisonment

§ Defamation

§ Negligence (Know all the elements)

•        The Reasonable Person Standard

•        Know the 2 types of causation

•        Criminal Law o What are the two elements of a crime?

o   When can corporations be held liable for a crime? o When can corporate officers be held liable for a crime?

o   What are Mail Fraud, Wire Fraud, and Computer Fraud and Abuse?

•        Contracts o What is a contract?

o   What are the elements of a contract?

§ What is necessary for there to be an agreement? § What is necessary for there to be consideration?

§ What is capacity?

§ What if a contract has an illegal object?

o   What is the Statute of Frauds?

o   What damages are available for a breach of contract?

o   What equitable remedies are available for a breach of contract

Answer 1

• sources of federal and state law

1. U.S Constitution
2. State constitution
3. federal and state statutes
4. common law
5. administrative law
6. case law

• 3.Difference between a trial court and appellate court

Trial court

1. the cases are heard for the first time
2. they are also known as district courts
3. the witnesses and related evidence are presented.
4. the decision is made by the jury on the basis of the evidence presented.
5. the effect is on the people involved with the case

Appellate Court

1. if the parties disagree to the verdict they can appeal to the higher courts.
2. No new evidence is produced, the court reviews the materials presented for the trial and checks whether the correct decision was made by the lower court.
3. affects a large group of people since the decisions are binding on district courts within the area.

• Federal courts have jurisdiction over cases in which the state(U.S) is a party and cases affecting ambassadors and public ministers.
• jurisdiction of state courts

majority of the cases which can be filed in a district federal court can be filed in a state court. It has jurisdiction over cases related to the individuals like family disputes, broken contracts, thefts etc

• Types of alternative dispute resolution

1. negotiation
2. arbitration
3. collaborative law
4. mediation

• the commerce clause gives the federal court the power to regulate the commerce between the U.S and other foreign countries and commerce within the states and the Indian tribe.
• Due process: Due process is the fair treatment through the normal judicial system. It Is legally protecting the individual's life and liberty. It says that the state must respect all legal rights provided to an individual
• Equal Protection: This phrase promises all the citizens with equal rights, privileges and protection.
• the two types of causation are :

1. cause-in-fact
2. proximate cause

• elements of crime:

1. Mens Rea
2. Actus Reus

• mailed fraud/wired fraud: Any fraudulent activities aimed at obtaining money, property or false promises through wire, mail or television
• it is the agreement between two competent parties which can be enforced by law. There are certain conditions for a valid contract. It is the agreement between two parties towards a common goal.

• the elements of a contract are:

1. offer
2. acceptance
3. consideration
4. intention to create a legal obligation

• good agreement requires

1. two competent parties
2. valid conditions
3. consensus of mind

• good consideration

1. any benefit/service agreed upon the parties
2. money or money worth products

• capacity means the legal competence or the capacity to enter into a valid contract
• if the contract has an illegal object it is not a valid contract.it is not enforceable at the court
• the statute of frauds is a law regarding the certain contract which are to be in writing and to be signed by the parties.this is to avoid fraud and protection from frauds.
• damages available for breach of contract

1. compensatory damages
2. liquidated damages
3. restitution
4. nominal damages
5. remedies in Equity
6. punitive damages.

equitable remedies

1. injunction
2. recission
3. rectification
4. subrogation
5. account of profits
6. equitable estoppel.