LEB 320F Exam 1 with correct Answers
four requirements of a good legal system - Answer -• certainty
• flexibility
• 'knowability'
• reasonableness
classifications of law - Answer -• subject matter
• case law
• statutory law
• civil law
• criminal law
• public law
• private law
private law - Answer -any law that deals with issues pertaining to private citizens
public law - Answer -any law dealing with issues that affect the entire society
51 - Answer -There are at least ____________ bodies of law in the United States.
True - Answer -True or False: State law exercises more control over us than federal law.
False - Answer -True or False: Any federal court within a district is not required to follow
that district's specific laws.
the type of law the case falls under (state or federal) - Answer -What determines which type of court a case is assigned to?
trial; Supreme - Answer -Each state has its own ___________ and ____________ courts.
Federal - Answer -____________ courts tend to have more resources and smarter judges than state ones
True - Answer -True or False: Federal judges can rule on state issues, but state judges cannot rule on federal issues.
justice - Answer -'fair' + 'reasonable' How does our current legal system promote justice? - Answer -through juries, esp. with all felony cases
The law cannot be regarded as the minimum ____________ ____________ for what is right (law ≠ morals/ethics). - Answer -ethical standard
What was the main question pertaining to the Soldano v. O'Daniels case (Cal. App. 1983)? - Answer -can a business establishment become guilty of a wrongful death if it refuses a patron the right to call the police?
What was the outcome of the court's ruling in Soldano v. O'Daniels? - Answer -it changed the law regarding whether or not a person can stand idly by while someone else is in harm's way
Does the law have the authority to extend across borders? - Answer -Yes, especially for
multinational businesses and U.S. companies
Can technology affect the law? - Answer -Yes, but it cannot always distinguish between 'good' and 'bad'
The law does not tell us what's right and wrong; it tells us what's _____________ and _____________. - Answer -acceptable; unacceptable
What issue did the case of Nonhuman Rights Project v. Lavery deal with (NY App. 2014)? - Answer -it investigated whether a family had the right to possess a domesticated chimpanzee as a pet
What did the court rule in the case of Nonhuman Rights Project v. Lavery? - Answer -
that animals generally do not have the same rights afforded to human beings, and therefore the chimpanzee was not being detained against its will (ruling was in favor of Lavery and against NHRP)
adjudication - Answer -law + facts + decision
primary law - Answer -law which requires a binding court decision that forces the defendant/plaintiff to do something
Who is responsible for adjudication/who gets to 'adjudicate'? - Answer -judges and administrative agencies
True or False: Federal courts and state courts necessarily overlap. - Answer -False
What types of sub-courts make up the federal court system? - Answer -• district courts
• appellate courts
• Supreme Court
four requirements of a good legal system - Answer -• certainty
• flexibility
• 'knowability'
• reasonableness
classifications of law - Answer -• subject matter
• case law
• statutory law
• civil law
• criminal law
• public law
• private law
private law - Answer -any law that deals with issues pertaining to private citizens
public law - Answer -any law dealing with issues that affect the entire society
51 - Answer -There are at least ____________ bodies of law in the United States.
True - Answer -True or False: State law exercises more control over us than federal law.
False - Answer -True or False: Any federal court within a district is not required to follow
that district's specific laws.
the type of law the case falls under (state or federal) - Answer -What determines which type of court a case is assigned to?
trial; Supreme - Answer -Each state has its own ___________ and ____________ courts.
Federal - Answer -____________ courts tend to have more resources and smarter judges than state ones
True - Answer -True or False: Federal judges can rule on state issues, but state judges cannot rule on federal issues.
justice - Answer -'fair' + 'reasonable' How does our current legal system promote justice? - Answer -through juries, esp. with all felony cases
The law cannot be regarded as the minimum ____________ ____________ for what is right (law ≠ morals/ethics). - Answer -ethical standard
What was the main question pertaining to the Soldano v. O'Daniels case (Cal. App. 1983)? - Answer -can a business establishment become guilty of a wrongful death if it refuses a patron the right to call the police?
What was the outcome of the court's ruling in Soldano v. O'Daniels? - Answer -it changed the law regarding whether or not a person can stand idly by while someone else is in harm's way
Does the law have the authority to extend across borders? - Answer -Yes, especially for
multinational businesses and U.S. companies
Can technology affect the law? - Answer -Yes, but it cannot always distinguish between 'good' and 'bad'
The law does not tell us what's right and wrong; it tells us what's _____________ and _____________. - Answer -acceptable; unacceptable
What issue did the case of Nonhuman Rights Project v. Lavery deal with (NY App. 2014)? - Answer -it investigated whether a family had the right to possess a domesticated chimpanzee as a pet
What did the court rule in the case of Nonhuman Rights Project v. Lavery? - Answer -
that animals generally do not have the same rights afforded to human beings, and therefore the chimpanzee was not being detained against its will (ruling was in favor of Lavery and against NHRP)
adjudication - Answer -law + facts + decision
primary law - Answer -law which requires a binding court decision that forces the defendant/plaintiff to do something
Who is responsible for adjudication/who gets to 'adjudicate'? - Answer -judges and administrative agencies
True or False: Federal courts and state courts necessarily overlap. - Answer -False
What types of sub-courts make up the federal court system? - Answer -• district courts
• appellate courts
• Supreme Court
