LEB 320F Online Final Exam Questions with Complete Solutions
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Course
LEB 320F
Institution
LEB 320F
common law - Answer-all the rules and principles that result from judicial decisions
statutory law - Answer-legal rules that have been formally adopted by Congress or legislative bodies rather than by the courts
federal law - Answer-laws created by the national government
state law - Answe...
LEB 320F Online Final Exam Questions
with Complete Solutions
common law - Answer-all the rules and principles that result from judicial decisions
statutory law - Answer-legal rules that have been formally adopted by Congress or
legislative bodies rather than by the courts
federal law - Answer-laws created by the national government
state law - Answer-laws created at the state level (bulk of our law)
plaintiff - Answer-acccuser who starts the lawsuit, on the offense and seeking damages
defendant - Answer-accused of wrongdoing, on the defense seeking to escape
responsibility for the misdeeds of which plaintiff accuses them
civil law - Answer-laws that spell out the rights and duties existing among individuals,
business firms, and even government agencies
criminal law - Answer-statutes in which a state or federal government prohibits specified
kinds of conduct and provide the punishment for violators
plaintiff must prove her case in civil law by a _________________ _______ ________
_______________. - Answer-preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________
________. - Answer-beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil. - Answer-T
law - Answer-rules that must be followed and violators face specific negative
consequences
ethics - Answer-standards that should be followed in a moral sense, but have no
specific penalty
What are the very low level state courts called? - Answer-courts of limited jurisdiction
What are the low level state courts called? - Answer-general trial courts
What are the high level state courts called? - Answer-appellate courts
appellate courts - Answer-hear appeals from judgments entered by the lower courts
,T/F: Appellate courts decide legal questions, they do not hear testimony of witnesses or
entertain new evidence. - Answer-T
Most federal cases originate in which courts? - Answer-U.S. District Courts
What federal courts are above the U.S. District Courts? - Answer-U.S. Courts of Appeal
Parties who seek review of their case after trial at a U.S. Court of Appeal must petition
the Supreme Court for a ___________ _____ _____________. - Answer-writ of
certiorari
What is the structure of a court case title in state courts? - Answer-plaintiff v. defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme
Court? - Answer-Appellant v. Other
Summary Judgement - Answer-terminates a case before it ever goes to trial, a judge
grants this if the evidence is so clear that a trial would be a waste of time
If an appeal court remands a decision - Answer-it will be returned to the trial court with
instructions
if an appeal court affirms a decision - Answer-the lower courts ruling stands
judge decides the __ jury judges the ___ - Answer-law, facts
What court case emphasizes the relationship between law and ethics? - Answer-Podias
v. Mairs
In Podias v. Mairs, why were Swanson and Newell no longer granted summary
judgment claiming they were not under legal duty to act? - Answer-"reasonable jury
could find defendants breached a duty which proximately caused the victim's death" by
not moving him to the side of the road, by not calling 911, and because Swanson and
Newell had a relationship to the plaintiff.
What was the ruling of Podias v. Mairs? - Answer-Reversed and remanded
What is the first part of the pleadings stage? - Answer-Plaintiff's complaint
motion to dismiss - Answer-occurs once the plaintiff has reviewed the plaintiff's
complaint and believes the plaintiff does not have a winning claim even if all the
allegations in the complaint are true
T/F: The plaintiff does not have the opportunity to amend his/her complaint if the
defendant is granted a motion to dismiss. - Answer-F
, If the defendant's motion to dismiss is not granted, he/she will then provide the
__________. - Answer-answer
What three things can the defendant's answer include? - Answer-denial, defense,
counterclaim
A ___________ defeats the plaintiff's claim even if the plaintiff is able to prove all the
facts established in her claim. - Answer-defense
counterclaim - Answer-facts in the defendant's answer that (if proved) establishes a
legally-recognized claim against the plaintiff
If the defendant does not respond within 20 days of receiving the plaintiff's complaint,
the court may grant a ___________ _______________. - Answer-default judgment
What stage comes after the pleadings stage? - Answer-discovery stage
What are the three most common discovery tools? - Answer-depositions,
interrogatories, request for production of documents
depositions - Answer-testimonies of witnesses taken outside of court
interrogatories - Answer-written questions submitted by one party to the other
request for production of documents - Answer-permits a party to gain access to the
documents and other tangible items in the other party's possession which relates to the
lawsuit
T/F: At the end of the discovery stage, either party may file a motion for summary
judgment as to one or more of the issues in the lawsuit. - Answer-T
jurisdiction - Answer-the legal power of a governmental body to hear and decide a case
and render a judgment that is legally binding on the parties
For a case to proceed, a court must have the authority in the form of _____________
_____________ ________________ and _____________ ________________. -
Answer-subject matter jurisdiction, personal jurisdiction
subject matter jurisdiction - Answer-the power to hear a particular kind of case
What two types of civil cases do federal courts have subject matter jurisdiction? -
Answer-federal question cases and diversity of citizenship cases
federal-question cases - Answer-cases concerning the Constitution, federal laws, or
treaties
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