LEB-320F Exam 1 Questions with Latest
Update
Importance of Laws/Rules - Answer-- Ignorance no excuse
- Personal Liability
- Professional liability
- Criminal liability
- Profitability
- Sustainability
- Unnecessary headaches
Law - Answer-A binding custom or practice of a community
Domain of law is everywhere.
- Medicine
- Banking
- Grumpy Neighbors
- Intellectual Property
- Gov't
- Family
Areas of Law - Answer-Lawyers specialize in one (maybe two) areas.
Can't expect an attorney to know anything about another specialization.
Requisites of Legal System - Answer-1. Certainty (stability)
2. Flexibility (technology)
3. Knowability (lawers)
4. Reasonableness (like justice, it must adapt to changing views)
Common Law - Answer-"Case Law"
- Laws that result from judicial decisions, not legislature
Statutory Law - Answer-- Rules that have been formally adopted by legislative bodies
rather than by the courts
Civil Law - Answer-Laws that spell out the rights and duties amongst individuals,
business firms and sometimes gov't agencies
Plaintiff - Answer-Person bringing action
Defendant - Answer-Person/entity against whom Plaintiff is making a claim
Criminal Law - Answer-Statues by which a state or the federal gov't prohibits specified
kinds of conduct
, - fines or imprisonment for those who violate
- ALWAYS brought by the government.
Confusion with Criminal - Answer-ALWAYS brought by the government.
- Higher burden of proof to take away liberties
Summary Judgement - Answer-A ruling by the court that no trial is necessary because
some essential facts are not in dispute
Remand - Answer-to send a case back to a lower court to be tried again
Vacate - Answer-Throw ruling out, shouldn't have happened
Affirm - Answer-We agree
Reverse - Answer-We disagree
Appelant - Answer-The party who takes an appeal from one court to another.
Appelee - Answer-The party opposing the appeal (respondent)
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
Attorneys Fee - Answer-Each party (typically) pays for their own attorney
- Breach of Contract- Loser must pay as stipulated in contract
- Benefits wealthier
State Systems - Answer-- Courts of Limited Jurisdiction
- General Trial Courts
- Appellate Courts (two levels)
- Most cases happen here, with much more courts (intentional)
Federal Court Systems - Answer-- District Courts
- Specialized Courts
- Appellate Courts (Supreme Ct)
District/ General Trail Courts - Answer-- Issues of Fact & Law
Appellate Courts - Answer-- Not determining fact
- Looking if court below applied the law correctly
Pretrial - Answer--Pleading Stage (Complaint)
-Motion to Dismiss
- Motion to Answer
Update
Importance of Laws/Rules - Answer-- Ignorance no excuse
- Personal Liability
- Professional liability
- Criminal liability
- Profitability
- Sustainability
- Unnecessary headaches
Law - Answer-A binding custom or practice of a community
Domain of law is everywhere.
- Medicine
- Banking
- Grumpy Neighbors
- Intellectual Property
- Gov't
- Family
Areas of Law - Answer-Lawyers specialize in one (maybe two) areas.
Can't expect an attorney to know anything about another specialization.
Requisites of Legal System - Answer-1. Certainty (stability)
2. Flexibility (technology)
3. Knowability (lawers)
4. Reasonableness (like justice, it must adapt to changing views)
Common Law - Answer-"Case Law"
- Laws that result from judicial decisions, not legislature
Statutory Law - Answer-- Rules that have been formally adopted by legislative bodies
rather than by the courts
Civil Law - Answer-Laws that spell out the rights and duties amongst individuals,
business firms and sometimes gov't agencies
Plaintiff - Answer-Person bringing action
Defendant - Answer-Person/entity against whom Plaintiff is making a claim
Criminal Law - Answer-Statues by which a state or the federal gov't prohibits specified
kinds of conduct
, - fines or imprisonment for those who violate
- ALWAYS brought by the government.
Confusion with Criminal - Answer-ALWAYS brought by the government.
- Higher burden of proof to take away liberties
Summary Judgement - Answer-A ruling by the court that no trial is necessary because
some essential facts are not in dispute
Remand - Answer-to send a case back to a lower court to be tried again
Vacate - Answer-Throw ruling out, shouldn't have happened
Affirm - Answer-We agree
Reverse - Answer-We disagree
Appelant - Answer-The party who takes an appeal from one court to another.
Appelee - Answer-The party opposing the appeal (respondent)
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
Attorneys Fee - Answer-Each party (typically) pays for their own attorney
- Breach of Contract- Loser must pay as stipulated in contract
- Benefits wealthier
State Systems - Answer-- Courts of Limited Jurisdiction
- General Trial Courts
- Appellate Courts (two levels)
- Most cases happen here, with much more courts (intentional)
Federal Court Systems - Answer-- District Courts
- Specialized Courts
- Appellate Courts (Supreme Ct)
District/ General Trail Courts - Answer-- Issues of Fact & Law
Appellate Courts - Answer-- Not determining fact
- Looking if court below applied the law correctly
Pretrial - Answer--Pleading Stage (Complaint)
-Motion to Dismiss
- Motion to Answer
