LEB 320F - Final Exam Questions and Correct Answer
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LEB 320F
Institution
LEB 320F
LEB 320F - Final Exam Questions and
Correct AnswerLEB 320F - Final Exam Questions and
Correct AnswerLEB 320F - Final Exam Questions and
Correct AnswerLEB 320F - Final Exam Questions and
Correct AnswerLEB 320F - Final Exam Questions and
Correct AnswerLEB 320F - Final Exam Questions and
C...
ELSCORES: Tuesday, 20 August 2024
LEB 320F - Final Exam Questions and
Correct Answer
common law (and how it's different from statutory law)
✓ :- - unwritten rules and principles existing in any state, regardless of origin
✓ - laws formed from judicial decisions; you can think of it almost like "tradition"
✓ - often covers contract and tort cases
✓ - different from statutes, which are written in law
statutory law (and how it's different from common law)
✓ :- - written laws, so the rules are exactly set in writing
✓ - judges and courts interprets these laws to make decisions
✓ - often covers criminal law and tax law
federal vs. state law
✓ :- - FEDERAL: created by the national gov't (ex. Amendments, Civil Rights Act, etc.)
✓ - STATE: most of our laws are these, decided by individual states; so they differ
from state to state
plaintiff
✓ :- - the accuser in a court case; usually holds the burden of proof/presenting
reasonable evidence
✓ - usually seeking damages for compensation from the defendant
defendant
✓ :- - the person being accused in a court case; they defend themselves and their
motive is usually to escape responsibility of the misdeed they're accused of
civil law (vs. criminal law)
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,ELSCORES: Tuesday, 20 August 2024
✓ :- - concerns the rights and duties of INDIVIDUALS
✓ - usually state cases such as contracts, tort-related issues
✓ - in these cases, plaintiff only needs to prove their case by a preponderance of the
evidence (as in it's somewhat more believable than defendant's case)
✓ - cases are named as [entity/individual] v. [entity/individual]
criminal law (vs. civil law); what kind of punishment does wrongdoer face?
✓ :- - usually on a federal level; criminal law determines that the defendant's
wrongdoing counts against the entire society as a whole
✓ - in contrast to civil cases, plaintiff here must prove beyond a reasonable doubt
✓ - wrongdoer usually has to pay BOTH the civil and criminal penalties; ex. go to jail
AND pay damages
✓ - cases are named [entity/individual] v. [gov't]
laws
✓ :- rules that must be followed
ethics (and why it has to do with law)
✓ :- - standards we set for ourselves to be morally correct; does not directly have
legal consequences though
- ethics often affect what laws we make; ex. we allow minors to back out of sales contracts
even though the seller may not have taken advantage of them in any way
Laws must be... (4 things)
✓ :- - relatively certain (so people can trust each other not to break the law)
- relatively flexible
- known or knowable (so lawyers can recommend things with accuracy)
- apparently reasonable
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,ELSCORES: Tuesday, 20 August 2024
state courts (3 types and their scope of cases)
✓ :- - Courts of LIMITED JURISDICTION: many many of these courts b/c most
cases classify here; only hears specific types of cases such as traffic, justice of the
peace, municipal (city/town), and domestic relations
- GENERAL TRIAL courts: aka general jurisdiction aka district courts aka superior courts;
can hear all cases except the ones expressly assigned to limited juris.; cases generally all
originate in this court, then may move on to appellate courts; usually one in every county
- APPELLATE court: high level courts; usually at least one in every state, and when there's
more than one, it's likely an even higher level state supreme court; all of them only hear
appeals, not full cases
How are appellate courts different from general or limited juris courts?
✓ :- They do not hear witnesses or new evidence; they only review the "facts" that
were established before and then re-decide on the "law"
What type of court is a district court? A superior court? A supreme court?
✓ :- general; general; appellate
federal courts (3 types); how many of the highest court are there?
✓ :- - SPECIALIZED U.S. courts: courts that handle specialized subject matters; ex.
Court of Federal Claims (suing the gov), Tax Court
- U.S. DISTRICT court: covers most federal cases; usually at least one in every state;
remember, a federal court can only take on federal cases, not state cases
- APPELLATE court: 13 Court of Appeals; again, these courts only hear appeals, not full
trials with witnesses; a further appeal makes these get taken to SCOTUS
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, ELSCORES: Tuesday, 20 August 2024
The Supreme Court (SCOTUS)
✓ :- - only takes on cases that have requested them specifically through a WRIT OF
CERTIORARI
- SCOTUS takes less than 100 cases out of thousands of writs
writ of certiorari
✓ :- A formal writ used to bring a case before the Supreme Court
How does a case title change after appealing? (state vs. federal)
✓ :- - on the state level, title stays the same
- on federal level, the appealing party's (APPELLANT) name becomes first
Can people appeal even after reaching state supreme court?
✓ :- - usually state supreme is highest
- exception is if decision has to do with a federal law or something about the case suggests a
need to review federal statutes; then it might be referred to SCOTUS
summary judgment; can losing party still appeal? What happens then?
✓ :- - judge summarizes a judgment (ruling) before it becomes a trial; no witnesses
needed, etc.
- either party can ask for this; judge only grants plaintiff if the evidence looks very clear
already, grants it for defendant if plaintiff's evidence is not clear enough to have a case
- yes; losing party can still appeal
- appellate court will either AFFIRM or REMAND; remanded cases get sent back to trial
court
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