Exam (elaborations)
LEB 323 Test with Questions with 100% Correct Answers
- Course
- Institution
LEB 323 Test with Questions with 100% Correct Answers
[Show more]
Content preview
LEB 323 Test with Questions with 100%Correct Answers
Schwarzenegger v. Fred Martin Motors - ✔✔-Diversity of citizenship; sued for invasion of
privacy for using image of terminator in Ohio ad
-OH resident must have intentionally engaged in conduct specifically targeted at forum state
(CA) -> did not, so no personal jurisdiction
In Rem Jurisdiction - ✔✔Important when target is item of property—real estate, tangible &
intangible personal property (e.g. domain name)
Litigation Systems:
Adversarial vs. Inquisitorial - ✔✔Adversarial: "common law" (US, UK); more private (lawyers
present facts)
Inquisitorial: "code law/Roman civil" (Europe, China); more public (judge presents facts,
evidence comes in waves)
Pretrial Proceedings - Pleading Stages (parts) - ✔✔Complaint - filing petition with court,
court issues summons
Answer - defendant's response to summons (or motion to dismiss instead of answer); denial,
counterclaim
Most Common Pretrial Discovery Tools (Depositions, Interrogatories, and Requests for
production of documents) - ✔✔•Depositions: witness testimony out of court (under oath)
•Interrogatories: written questions submitted by one party to the other (under oath)
•Requests for production of documents: permits party to gain access some evidence in
possession of other party
,Ashcroft v. Iqbal - ✔✔-After 9/11, Iqbal detained by the FBI for fraud; shipped back to
Pakistan, filed Bivens action
-Complaint claimed inhumane treatment in prison
-Defendant's motion to dismiss was denied
**To survive a motion to dismiss, complaint must contain sufficient factual matter accepted as
true to state a claim to relief that is plausible
Direct vs. Cross Examination of Witnesses - ✔✔Direct - own witness (no leading questions)
Cross examination - defendant asks witness (leading questions allowed)
(Redirect examination - plaintiff addresses new issues)
Sponsoring Witness for documentary evidence - ✔✔testifies that they know what the
document is and and confirms its authenticity
Perjury - ✔✔Witness gives false testimony under oath
3 Rules of Evidence - ✔✔1. Relevance (ex. how many times did you get perms)
2. Opinion (ex. did you think joe was angry?)
3. Hearsay - witness says something that was said by someone who isn't testifying (secondhand
info; exception of business records)
Instructions to Jury - ✔✔General rules of conduct/definitions of relevant legal terms
Court's charge to the jury
-General: most common, relevant legal principles; verdict
-Special: series of questions to jury related to disputed fact and asks for yes or no answer
Riley v. Willis - ✔✔-Dog walk, Riley accidentally hits Willis with car
-Willis' instructions to jury about car safety included, Riley's about dog leashes was not
, After the Trial:
Motion Notwithstanding the Verdict
Motion for New Trial - ✔✔Judgment NWS verdict: judge should've granted directed verdict
in favor of the movant/shouldn't have let case go to jury due to one-sided evidence
New trial: trial judge committed errors in trial that affected outcome
SEC v. Ginsburg - ✔✔•Ginsburg accused of insider trading with brother/father
•SEC won, Ginsburg filed motion for judgment NWS verdict due to insufficient evidence, SEC
appealed
•SEC had enough inference to suggest insider trading
Beebe v. Owen - ✔✔-Lady/coworker fall at baseball game, lady tears ACL, made intentional
tort claim assault/battery against coworker
-Tort law vs. workers compensation (scope of employment)
-Didn't work
Appelant's Brief for Appellate Courts - ✔✔Appellant's brief: trial judge errors relating to
ruling on motions, on objections to evidence, or stating relevant law in the jury instructions
ADR: Negotiated Settlement - ✔✔Most disputes never make it to the courtroom, rather take
a loss than pursue a claim (lump it)
ADR: Arbitration - ✔✔Parties select arbitrator, present evidence/arguments arbitrator
makes legally binding decision (award)
Similar to litigation, but cheaper/faster/less painful
Increase chances of commercial relationship remaining intact
Parties control entire process/can be kept private
No appeals allowed
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Examsplug. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.24. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78998 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now