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LEB 320F Quiz 1 with correct Answers
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LEB 320F Quiz 1 with correct Answers
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LEB 320F Quiz 1 with correct Answerscommon law (case law, judge-made law, or unwritten law) - Answer -- a law established
by following earlier judicial decisions (court cases). -So, when a legal idea comes from a decision in a court case, whether the case happened last month or 150 years ago, it is part of the common law
statutory law (written law) - Answer -- Law passed by the U.S. Congress or state legislatures bodies (not courts)
- exact wording is set forth in writing—although the precise meaning is still subject to interpretation by the courts
- Criminal law and tax law
in 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the Genetic Information Nondiscrimination Act. Which of these is/are a statute?i - Answer -
both because passed by congress
federal law - Answer -- created by national government
- The right to free speech is federal, for example, because it is found in the 1st Amendment to the United States Constitution. When Congress passes a statute like the
Civil Rights Act of 1964, it is also a federal law and it applies throughout the country.
state law - Answer -- A bill that has been passed by the State House and Senate and approved by the governor.
-Texas Legislature creates many statutes that do not apply in Missouri or New York, but
which do apply in Texas.
plantiff - Answer -- the accuser
- a person who brings a case against another in a court of law.
- start lawsuits, they are complaining, and they are on offense. They are usually seeking
damages: money roughly equivalent to the loss suffered as a result of the defendant's wrong.
defendant - Answer -- accused of wrongdoing, and they are on defense. - generally seek to escape responsibility for the misdeeds of which plaintiffs accuse them. civil law - Answer -- civil actions—that is, actions in which the plaintiffs are seeking to enforce private obligations or duties against the defendants.
-laws that spell out the rights and duties existing among individuals, business firms, and sometimes even government agencies. - (including libel and slander), breach of contract
- liable or not liable
preponderance of the evidence - Answer -a civil lawsuit the plaintiff must prove her case
by a preponderance of the evidence in order to win. In other words, the judge or jury deciding the case must be at least somewhat more convinced by the plaintiff's evidence than by the defendant's.
criminal law - Answer -- comprised of those statutes in which a state or the federal government prohibits specified kinds of conduct
- provide for the imposition of fines or imprisonment - Criminal suits are always brought by the government whose law has allegedly been violated (arrested by police)
- guilty or not guilty
beyond a responsible doubt - Answer -- jurors must be significantly more convinced that
a defendant committed a wrong before they will find the defendant guilty in a criminal case.
civil and criminal law - Answer -some wrongful acts are of a dual nature, potentially subjecting the wrongdoer to both criminal and civil penalties. For example, if a man steals a car, the state could bring a criminal action against him, and the owner of the car
could also bring a civil action to recover damages arising from the theft
Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a stop sign and hitting his car and seeks damages to compensate him for his losses. Paul's case will be a ___________ lawsuit. In the case, Paul's burden of proof will be to prove his case ____________________ - Answer -civil, preponderance of the evidence
Law - Answer -A body of enforceable rules governing relationships among individuals and between individuals and their society.
- must be followed or face fines or freedom take away
ethics - Answer -the principles of right and wrong that guide an individual in making decisions
- should be followed but no specific penalty
state court of limited jurisdiction - Answer -- Courts that have jurisdiction over misdemeanors and conduct preliminary investigation of felony charges.
- limited authority and only hear from certain cases like traffic courts and domestic relation courts (divorce, custody)
- because so many, these court hear the most cases that come to trial state court of general trial courts - Answer -- general jurisdiction
- can hear all cases except those specifically for the limited jurisdiction
- all important cases (like what we're focused on) of contract, criminal, and corporation law originate here.
state appellate courts - Answer -courts that do not try criminal cases but hear appeals of
decisions of lower courts
- decide legal questions, do not hear any testinomines or witnesses
federal specialized US courts - Answer -- specialized subject matter courts like tax court
or court of federal claims (against the US)
federal US district courts (like basic trial courts) - Answer -- There are 94 federal district courts, which handle criminal and civil cases involving: --> Federal statutes/laws
--> The U.S. Constitution
--> Civil cases between citizens from different states and the amount of money at stake is more than $75,000 (This is the most common type of case in the U.S. District Court.)
- Appeals from here go to the U.S. Circuit Court of Appeals
federal appellate court - Answer -- 13 federal court of appeals
- have jurisdiction to hear appeals from district courts located in state boundaries -
Supreme Court - Answer -the highest federal court in the United States
-these appeals are not a matter of right. Rather, the parties who seek review must petition the Supreme Court for a writ of certiorari
- A writ of certiorari is an order of a higher court requiring a lower court to send to it the documentary record of the trial.
- Court has absolute discretion in deciding which of these cases are sufficiently important to warrant the granting of certiorari.
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal his case to a ________________ court. If he loses there, he can seek to have his case reviewed by ________________ . - Answer -US Court of appeals and US Supreme Court
- Appeals from a federal district court would proceed to a federal appellate court, and eventually perhaps to the U.S. Supreme Court, although the Supreme Court grants only
a relatively small percentage of requests for writs of certiorari
trial courts - Answer -must settle questions of both fact and law
- questions of fact are what happened questions like did the defendant expressively or implicitly agree not to sell goods to the plaintiff.
appellate courts - Answer -settle/rule on questions of law only
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