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LEB 320F Final Exam Questions and Answers (Graded A)
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LEB 320F Final Exam Questions and Answers
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LEB 320F Final Exam Questions and AnswersCommon Law - Answer -A legal system based on custom and court rulings (judicial decisions, unwritten law)
Statute - Answer -a written law passed by a legislative body (passed by congress and approved by president)
Civil Law - Answer -laws that spell out the rights and duties existing among individuals, businesses, and sometimes gov. agencies. (contract law, tort law, sales law)
In civil lawsuit, plaintiff must prove case by ______ - Answer -preponderance of evidence (judge/jury must be somewhat more convinced by plaintiff's evidence than defendants)
Criminal Law - Answer -a system of law concerned with the punishment of those who commit crimes.
(suits are brought by the government whose law has been violated)
In criminal law, the government must prove its case ______ - Answer -beyond a reasonable doubt (must be more convinced defendant committed a wrong)
Criminal Law vs. Civil Law - Answer -Criminal Law: Cases involving a violation of local, state, or federal laws (Public Law) (defendants wrongdoing caused injury to society)
Civil Law: Cases involving one party attempting to seek payment or resolution of damages caused by another party. (defendants wrongdoing caused injury to plaintiff)
Legal rules must be - Answer -certain, flexible, known and reasonable
State vs Federal Court Systems - Answer -FEDERAL
1. Specialized U.S. Courts
2. U.S. District Court (where most fed. cases originate)
3. U.S. Appellate courts 3. U.S. Supreme Court (O/A)
STATE
1. Courts of limited jurisdiction (very low level)
2. General trial courts (hears most important cases relative to state law)
3. State appeal courts (hear appeals of judgement)
4. State Supreme Court
Summary Judgement - Answer -A ruling by the court that no trial is necessary because some essential facts are not in dispute (it is clear either the plaintiff or defendant will win)
if summary judgement happens, losing party can seek review in ______ - Answer -
appellatte court
Remanded - Answer -To send a case back to the court that originally heard it. (remanded if appellate court finds error in ruling)
Typical lawsuit commenced when plaintiff files a ______ - Answer -compliant
Motion to dismiss - Answer -Filed by the Defendant on basis that Plaintiff's Complaint does not allege facts sufficient to set forth a cause of action. (can file even if allegations are true but are not perceived as "winnable")
If there's no motion to dismiss, or if motion is denied, defendant responds to plaintiffs complaint with an ________ - Answer -answer
burden of proof - Answer -The plaintiff must convince the jury that its version of the case
is correct through evidence. (duty to prove facts in their complaint)
defense - Answer -at criminal law, a legal position that allows the defendant to escape criminal liability
Counterclaim - Answer -A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
default judgement - Answer -a decision that the plaintiff wins without trial because the defendant failed to answer in time (about 20 days)
Podias v. Mairs - Answer -Negligence--Duty--Nonfeasence--Exceptions
Case: D was drinking at the home of a friends. He drove with two other friends (D2 and D3), all 18. D1 was driving; it was raining; the road was wet. D1 lost control of the car, struck the motorcycle of P, and went over the guardrail. All Ds huddled around the car and saw that P was lying in the roadway, and thought he was dead. D1 told D3 that he thought D1 killed P. No one called for assistance, D1 called his girlfriend on D3's phone.
D2 placed 17 calls. There were 26 more calls on D3's phone. None were calls to emergency assistance. All Ds decided to get back in the car and leave the scene. D2 told D1 not to bring him or D3 up. They drove until D1's car broke down and D2 & D3 ran into the woods (D1 hid in a bush for his girlfriend). Meanwhile, a motor vehicle operated by another person ran over P who died as a result of injuries sustained in these accidents. Rule: trial court granted a motion for summary judgement; appellate court reversed and remanded case. Plaintiff will get chance to face jury.
Deposition - Answer -the testimony of a witness made under oath but not in open court
Interrogatories - Answer -written questions the defense and plaintiff send to one another
that must be answered under oath
request for production of documents - Answer -either party asking the other to produce specific documents
In Podias vs. Mairs, the appellate court judge cited which of the following in his decision? - Answer -That the burden of the defendants was far outweighed by the potential benefit to the deceased motorcyclist
What kind of cases go to the federal court? - Answer -kinds of cases that are designated by the U.S. Constitution
Criminal cases in federal courts: - Answer -cases in which violation of a federal criminal statute is alleged
Civil cases in federal court: - Answer -1. federal question cases - where plaintiff's claim arises directly from U.S. constitution (violating Clean Water Act.)
2. pendant jurisdiction cases - fed. court having subject matter jurisdiction over claims regarding state law after a fed.
question is raised
3. Diversity of citizenship cases - plaintiff's and defendants live in diff. states OR when one party is U.S. citizen and other isn't AND amount of controversy is greater than $75,000
Personal Jurisdiction - Answer -A court's authority over the parties to a lawsuit.
Special Appearance Motion - Answer -defendant challenges the court's personal jurisdiction
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