LEB 320f online final UPDATED Exam Questions and CORRECT Answers
0 view 0 purchase
Course
LEB 320
Institution
LEB 320
LEB 320f online final UPDATED Exam
Questions and CORRECT Answers
common law - CORRECT ANSWER- all the rules and principles that result from judicial
decisions
statutory law - CORRECT ANSWER- legal rules that have been formally adopted by
Congress or legislative bodies rather than by the cou...
LEB 320f online final UPDATED Exam
Questions and CORRECT Answers
common law - CORRECT ANSWER- all the rules and principles that result from judicial
decisions
statutory law - CORRECT ANSWER- legal rules that have been formally adopted by
Congress or legislative bodies rather than by the courts
federal law - CORRECT ANSWER- laws created by the national government
state law - CORRECT ANSWER- laws created at the state level (bulk of our law)
plaintiff - CORRECT ANSWER- acccuser who starts the lawsuit, on the offense and seeking
damages
defendant - CORRECT ANSWER- accused of wrongdoing, on the defense seeking to escape
responsibility for the misdeeds of which plaintiff accuses them
civil law - CORRECT ANSWER- laws that spell out the rights and duties existing among
individuals, business firms, and even government agencies
criminal law - CORRECT 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 _________________ _______ ________
_______________. - CORRECT ANSWER- preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________
________. - CORRECT ANSWER- beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil. - CORRECT ANSWER- T
,law - CORRECT ANSWER- rules that must be followed and violators face specific negative
consequences
ethics - CORRECT ANSWER- standards that should be followed in a moral sense, but have
no specific penalty
What are the very low level state courts called? - CORRECT ANSWER- courts of limited
jurisdiction
What are the low level state courts called? - CORRECT ANSWER- general trial courts
What are the high level state courts called? - CORRECT ANSWER- appellate courts
appellate courts - CORRECT 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. - CORRECT ANSWER- T
Most federal cases originate in which courts? - CORRECT ANSWER- U.S. District Courts
What federal courts are above the U.S. District Courts? - CORRECT 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 ___________ _____ _____________. - CORRECT ANSWER- writ of
certiorari
What is the structure of a court case title in state courts? - CORRECT ANSWER- plaintiff v.
defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme Court?
- CORRECT ANSWER- Appellant v. Other
,Summary Judgement - CORRECT 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 - CORRECT ANSWER- it will be returned to the trial
court with instructions
if an appeal court affirms a decision - CORRECT ANSWER- the lower courts ruling stands
judge decides the __ jury judges the ___ - CORRECT ANSWER- law, facts
What court case emphasizes the relationship between law and ethics? - CORRECT
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? - CORRECT 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? - CORRECT ANSWER- Reversed and remanded
What is the first part of the pleadings stage? - CORRECT ANSWER- Plaintiff's complaint
motion to dismiss - CORRECT 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. - CORRECT ANSWER- F
If the defendant's motion to dismiss is not granted, he/she will then provide the __________.
- CORRECT ANSWER- answer
What three things can the defendant's answer include? - CORRECT 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. - CORRECT ANSWER- defense
counterclaim - CORRECT 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 ___________ _______________. - CORRECT ANSWER- default
judgment
What stage comes after the pleadings stage? - CORRECT ANSWER- discovery stage
What are the three most common discovery tools? - CORRECT ANSWER- depositions,
interrogatories, request for production of documents
depositions - CORRECT ANSWER- testimonies of witnesses taken outside of court
interrogatories - CORRECT ANSWER- written questions submitted by one party to the other
request for production of documents - CORRECT 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. - CORRECT ANSWER- T
jurisdiction - CORRECT 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 _____________ ________________. - CORRECT
ANSWER- subject matter jurisdiction, personal jurisdiction
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 MGRADES. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
