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LEB 320F Exam Questions with Latest Update
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What is law? - Answer-list of binding rules in a society What are the classifications of law? - Answer-primary vs. secondary federal vs. state common vs. statutory criminal vs. civil What is primary law? - Answer-binding What is secondary law? - Answer-not binding (techically not a law ...

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  • October 15, 2024
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  • 2024/2025
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LEB 320F Exam Questions with Latest
Update
What is law? - Answer-list of binding rules in a society

What are the classifications of law? - Answer-primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil

What is primary law? - Answer-binding

What is secondary law? - Answer-not binding (techically not a law because it's not
binding); comments and analyses of primary law; legal dictionaries; basically, legal
commentary

What is state law? - Answer-the bulk of the law that governs us; there are specific
enumerated powers in the constitution that are controlled by federal law, but everything
else is left to the state to do what they wish

What questions do you ask when determining whether a law is primary or secondary? -
Answer-Is the law binding?

What question do you ask when determining whether a law is federal or state? -
Answer-who gives us the law?

What question do you ask when determining whether a law is common or statutory? -
Answer-Which branch of the federal/state government gave us this law?

What branch(es) of government do(es) statutory law come from? - Answer-legislative
and executive

What is statutory law? - Answer-comes from the legislative branch and the executive
branch; written law; constitutions; any law passed by congress; treaties; city ordinances;
regulations

What branch(es) of government do(es) common law come from? - Answer-judicial

What is common law? - Answer-comes from the judicial branch; judge-made law--
unwritten law; court-made law; most of what we do in thie class

What question do you ask when determining whether an offense is criminal or civil? -
Answer-Against whom is the offense committed?

,Can the same offense lead to both a criminal and civil case? - Answer-yes

Is ther burden of proof for criminal offenses the same as civil offenses? - Answer-no--
because the consequences of being convicted are different

What is a criminal offense? - Answer-where you offend the state; the district attorney
brings an action against the offender; prosecuted by the government; misdemeanors
and felonies; burden of proof--beyond a reasonable doubt

What are the two types of criminal offenses? - Answer-misdemeanors and felonies

What is a misdemeanor? - Answer-offenses punishable by less than a year in jail

What is a felony? - Answer-offenses punishable by a year+ in prison

What is the burden of proof for a criminal offense? - Answer-beyond a reasonable doubt

What is a civil offense? - Answer-where you offend people; lawsuit (civil actions); torts;
breaches of contract; burden of proof--by a preponderance of the evidence (more likely
than not)

What are the two types of civil offenses? - Answer-torts and breaches of contract

What is the burden of proof for a civil offense? - Answer-by a preponderance of the
evidence (more likely than not)

The court system is a ___ tiered system. - Answer-3

What are the tiers in the federal court system? - Answer-trial courts (bottom), circuit
courts (middle), Supreme Court of the United States (top)

What are the two types of trial courts? - Answer-trial courts of general jurisdiction
(TCOGJ); trial courts of limited jurisdiction (TCOLJ)

What are TCOGJ called at the federal level? - Answer-US district courts--most states
are divided into multiple districts--each district has a US district court

To which trial court do most federal trials go? - Answer-TCOGJ (US district courts)

What are trial courts of limited jurisdiction (TCOLJ)? - Answer-can only ear trials of
certain subject matters (ex: US tax court); there are a few subject areas where disputes
in those areas go to specialty trial courts

What courts are at the bottom of the federal court system pyramid? - Answer-trial courts
(the only level where trials happen)

, What courts are at the middle of the federal court system pyramid? - Answer-circuit
courts (US circuit courts)

What role do the US circuit courts play in the federal court system? - Answer-they are
the first level of appellate courts

Generally, ___ states are included in a circuit. - Answer-3 or 4

What circuit court do you appeal to? - Answer-You appeal to the circuit the district court
you were tried in belongs to

How many US circuit courts are there? - Answer-13

What court is at the top level of the federal court system pyramid? - Answer-Supreme
Court of the United States (SCOTUS)

What is the SCOTUS? - Answer-highest level of appellate courts; called high court or
court of last resort; only take a very, very small percentage of cases appealed to them

How many cases does the SCOTUS accept? - Answer-a very, very small percentage of
cases appealed to them

The state court system is similar/dissimilar to the federal system - Answer-similar

Are state court systems all the same? - Answer-no, but most of them are very similar

Do all states have two levels of appellate courts? - Answer-no

What courts are at the bottom of the state court system pyramid? - Answer-trial courts--
TCOGJ and TCOLJ

What courts are at the middle of the state court system pyramid? - Answer-appellate
court

What court is at the top of the state court system pyramid? - Answer-court of last resort
(most states call this the supreme court, but not all)

How many types of questions are presented in every court case? - Answer-2--questions
of fact and questions of law

What are the 2 types of questions that are presented in every court case? - Answer-
questions of fact and questions of law

What are questions of fact? - Answer-have to do with what happened; circumstances of
the action/lawsuit; when we ask what happened (ex: "where were you?" "what time of

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