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LEB 320F Midterm Exam 1 Questions and Answers
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LEB 320F Midterm Exam 1 Questions and Answers
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LEB 320F Midterm Exam 1 Questions and Answersrequisites of a legal system - Answer -1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness "rules reflect and adapt to changing views of morality and justice"
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes
statutory law - Answer -rules that have been formally adopted by legislative bodies rather than by the courts. e.g. State and Federal Constitutions, Municipal ordinances and Treaties
civil laws - Answer -laws that spell out the rights and duties existing among individuals, business firms and sometimes even government agencies. Contract law, tort law, and sales law all fall within the civil category
criminal law - Answer -ALWAYS BROUGHT BY THE GOVERNMENT. statutes by which a state or the federal government prohibits specified kinds of conduct and which additionally provide for the imposition of fines or imprisonment on persons convicted of violating them
law & justice - Answer -what do most people usually want?
law & equity - Answer -injunctions; imperfect system
law & morals - Answer -are different but overlapping: law provides sanctions while morals do not
illegal but not immoral - Answer -jaywalking :')))
immoral but not illegal - Answer -cheating
adversarial system - Answer -trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law courts of limited jurisdiction - Answer -courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses
general trial courts - Answer -state courts of original jurisdiction that hear all kinds of criminal cases
appellate courts - Answer -Courts hearing cases appealed from a lower court.
district courts - Answer -the lowest federal courts; federal trials can be held only here
specialized courts - Answer -also called problem-solving courts, they work with particular types of offenses and offenders
Supreme Court - Answer -the highest federal court in the United States
appellate court - Answer -court that generally reviews only findings of law made by lower courts
trial court - Answer -the first court to hear a criminal or civil case; focuses on fact AND law
motion to dismiss - Answer -A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.
depositions - Answer -Oral questions asked of parties and witnesses under oath.
interrogatories - Answer -A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
request for production - Answer -a request to an opposing party for documents relevant to the lawsuit
summary judgment - Answer -a judgment decided by a trial court without that case going to trial; a summary judgment is an attempt to stop a case from going to trial
jurisdiction - Answer -to hear and decide a case and render a judgment that is legally binding on the parties
federal question cases - Answer -cases concerning the Constitution, federal laws, or treaties
diversity of citizenship - Answer -A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries & damages MUST be over 75,000
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