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Review for Midterm

The exam is multiple-choice. Many of the questions are conceptual in nature, so although you will have to understand the principles presented, in many instances you will also have to apply those principles. If English is your second language, you may bring a dictionary with you. (book form, not electronic) The dictionary can either be an English dictionary or a dictionary between English and your first language. There will be 25 questions on the exam.

The chapters on the test are 1, 3, 4, and 7. As we spent a lot of time on Ch. 7, there is an emphasis on contract. There is also an emphasis on procedure, which we studied in Ch. 4. There is less emphasis on Ch. 1 and 3, although there are questions about every chapter. The following information summarizes what you have to know for the exam. While it gives you an excellent guide, it may not be totally inclusive.

Chapter 1

This chapter was basically introductory. You should know the difference between ethics and morals.

Chapter 3

You should be able to identify the different jurisprudential models. You should also understand the concept of stare decisis, when a court can overrule the decision of another court, and when it cannot.

Chapter 4

This chapter is emphasized. You must understand the order of a lawsuit, and must also understand what discovery is, and what the reasons are for discovery. You want to understand the differences in burden of proof for criminal and civil cases. You should also understand what jurisdiction is, and should understand what the dissent is, and that although the dissent does not have any legal effect, that they are often cited in future cases when courts want to change the law. You should understand when 5th amendment privilege against self-incrimination applies, when it doesn’t, and to whom it applies.

Ch. 7

This is the most heavily emphasized chapter. First, understand what constitutes a contract. You need

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