100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
LEB 320F Unit 2 Exam Questions and Answers 100% Solved | Rated A+ £9.21
Add to cart
Quickly navigate to
Preview
  2.  
  3. LEB 320F
  4.  
  5. LEB 320F

Exam (elaborations)

LEB 320F Unit 2 Exam Questions and Answers 100% Solved | Rated A+
 2 views  0 purchase
  • Module
  • LEB 320F
  • Institution
  • LEB 320F

LEB 320F Unit 2 Exam Questions and Answers 100% Solved | Rated A+ What are the two most common forms of Alternative Dispute Resolution? - Arbitration and Mediation. What is the Adversarial system of law? Where did we get it? What cases is it applied to? - Applied to criminal and civil cases, d...

[Show more]

Preview 3 out of 21  pages

Document information

  • December 14, 2024
  • 21
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

  • leb 320f

Written for

  • LEB 320F
  • LEB 320F

Seller

avatar-seller
JOSHCLAY

Reviews received

Content preview

LEB 320F Unit 2 Exam Questions and

Answers 100% Solved | Rated A+


What are the two most common forms of Alternative Dispute Resolution? -

✔✔Arbitration and Mediation.

What is the Adversarial system of law? Where did we get it? What cases is

it applied to? - ✔✔Applied to criminal and civil cases, derived from english

law, refers to the amount of control that the parties and their attorneys have

over the procedure. Parties research the law and develop the facts, decide

which issues are going to be presented, which legal arguments are going to

be made, what evidence should be gathered and presented, and how the

evidence is to be introduced in court without input from the trial judge

What role does a trial judge play in an adversarial system? How much

control does a trial judge have over proceedings? - ✔✔Trial judge takes no

action unless a party specifically requests it - even if a party presents

evidence illegally the trial judge will not act unless the other party objects.

Trial judges may sometimes ask questions of witnesses if they believe that

an attorney's questioning is not eliciting certain important testimony. Can


1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,"comment on the weight of the evidence"—make comments to the jury

about the strength of particular testimony or other evidence. If the court is

backed up trial judges will take a greater degree of control

What is the Inquisitorial System of law? - ✔✔Trial judge decides which

issues will be addressed, although the parties provide input. Judges are

usually in charge of the investigation and gathering of evidence. Rather

than a single trial there are several small trials between which investigation

occurs. Citizen juries are not used

Adversarial system vs Inquisitorial system - ✔✔The adversarial system

shifts more of the cost to the private sector, whereas the inquisitorial

system places more of the cost in the public sector

What are the stages of pretrial? - ✔✔pleading, motion to dismiss/answer,

reply, discovery

What occurs in the pleading stage? - ✔✔Plaintiff's attorney files a complaint

to the court with jurisdiction asking the court to file a summons. Ends with a

prayer (request) for a remedy based on the facts listed. If a plaintiff wants

an injunction it is listed here.

What is a Motion to dismiss? What are the next steps if it is granted? -

✔✔defendant asserts that the plaintiff has not even stated a "cause of


2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

, action"—that is, that even if the plaintiffs allegations are true, the law does

not recognize such a claim

The plaintiff can begin such an appeal immediately if the trial court grants

the motion to dismiss, but if the trial judge denies the motion to dismiss, the

defendant must wait until the case ends at the trial level before appealing

How detailed must a claim be to survive a motion to dismiss? - ✔✔Under

Twombly and Iqbal, all that is required for a judge to dismiss for failure to

state a claim is that a complaint would allow for a "savvy trial judge" to find

the alleged facts improbable and that the plaintiff's chance of ultimately

winning is highly unlikely.

Ashcroft v. Iqbal - premise - ✔✔Pakistani Muslim, Javaid Iqbal, claims he

was unfairly detained and subject to harsh conditions on account of his

race, religion, and/or national origin. Iqbal was of high interest in the

investigations following the September 11th attacks and was detained in

maximum security. He pleaded guilty to his charges and was removed to

Pakistan. He then filed a Bivens in the US district court against 34 current

and former federal officials and 19 "John Doe" federal corrections officers

Ashcroft v. Iqbal - outcome - ✔✔alters common law practices for motion to

dismiss

What must an answer to a claim contain? - ✔✔A denial
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 JOSHCLAY. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £9.21. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

50990 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£9.21
  • (0)
Add to cart
Added