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LEB 320F Test 1with complete solutions
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LEB 320F Test 1with complete solutionsPrimary sources of law - Answer -Legally binding rules and procedures; include federal and state constitutions, statutes, admin. agency regulations, court decisions, federal treaties, city ordinances
Secondary sources of law - Answer -Not legally binding; made up of research articles in academic legal periodicals, restatements, legal texts/encyclopedias, and others
Rule-oriented approach to law - Answer -views the law as consisting of the rules that are in effect within a state or nation at a given time
Process-oriented approach - Answer -sees the law in a broader light: The processes by which the rules and principles are formulated (rather than the rules and principles themselves) constitute the major element of law.
Legal rules must be: - Answer -(1) relatively certain, (2) relatively flexible, (3) known or knowable, and (4) apparently reasonable
Most of our law is _______ (national/local) - Answer -local (state)
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes.
statutory law - Answer -rules that have been formally adopted by legislative bodies rather than by the courts.
civil laws - Answer -laws that spell out the rights and duties existing among individuals, business firms, and sometimes even government agencies.
Contract law, tort law, and sales law all fall within the ________ category. - Answer -civil
injunction - Answer -a court degree ordering the defendant to do or not to do some particular thing
3 differences between laws and morals - Answer -(1) sometimes moral standards are higher than what the law requires (2) sometimes the law imposes higher standards than our morals (3) many court cases are based solely on statutory or practical requirements that have little or no relationship to moral considerations.
Three categories of state courts - Answer -(1) courts of limited jurisdiction, (2) general trial courts, and (3) appellate courts (which frequently exist at two levels)
appellate courts - Answer -which hear appeals from judgments entered by the courts below.
Tree categories of federal courts - Answer -(1) specialized trial courts, (2) U.S. district courts, and (3) appellate courts—the courts of appeal and the Supreme Court.
U.S. district courts - Answer -The basic trial courts within the federal system
U.S. appellate courts have power to hear... - Answer -appeals from the district courts located in the states within their respective boundaries.
Trial courts must settle questions of both... - Answer -both fact and law
Appellate must settle questions of... - Answer -only law
jurisdiction - Answer -legal power of a governmental body or official to take some type of
action
Two types of jurisdiction a court needs in order to hear a case - Answer -subject matter jurisdiction and personal jurisdiction.
subject matter jurisdiction - Answer -power to hear a particular kind of case
right of removal - Answer -within a short time after the plaintiff files the case in state court, the defendant may have the case moved to a federal district court in the same geographic area.
personal jurisdiction - Answer -the court's jurisdiction over the parties to the case; only arises in civil cases
Requirements by procedural due process - Answer -(1) adequate notice, (2) a meaningful opportunity to be heard (that is, a hearing), (3) an impartial decision maker (one who does not have a personal stake in the outcome), and (4) in court actions, some substantial contact between the defendant and the forum state (the state where the lawsuit has been filed).
personal service of summons - Answer -formal notice of the lawsuit delivered if the defendant has not made an appearance
procedural due process
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