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LEB 320F Final Exam Quizzes Solved 100% Correct | Verified
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LEB 320F Final Exam Quizzes Solved 100%Correct | Verified
The case is remanded to the lower court with instructions on what the lower court erred on
and how to properly try the case. - ✔✔The case is remanded to the lower court with
instructions on what the lower court erred on and how to properly try the case.
The case is remanded to the lower court for a new trial. The appellate court includes
instructions stating how the lower court erred and how to properly try the case.
A contract between a Texas corporation and a California corporation, containing a provision
that all litigation regarding the contract will be performed in Maine. The contract was signed in
New York. What state's law should apply under the traditional view?
Texas.
California.
New York.
Maine. - ✔✔New York.
The traditional view is to apply the law of the state in which the contract was made. Because
the contract was signed in New York, New York's law should apply.
A judge who fails to follow precedent set by a higher court will lose his or her position. -
✔✔F
There is no direct punishment for failing to follow precedent set by a higher court. It is, though,
likely that the judge's opinion will be reversed.
,Precedent set by other states (such as Oklahoma) is mandatory authority which a Texas state
court must follow. - ✔✔F
A court does not have to follow the precedent from a higher court if the higher court is not
directly above it. This means that Texas courts do not have to follow Oklahoma precedent, even
if it is the Supreme Court of Oklahoma.
John was dissatisfied with the work environment he had to endure while working at B12. John
had to work in a building where the A/C was never put below 75 degrees. Under the Fair Labor
Standards Act (FLSA), a piece of federal legislation outlining certain practices which employers
engaged in interstate commerce can and cannot do, an employee has the ability to bring a
lawsuit against a company if the company fails to meet certain standards. These standards
include a mandatory minimum wage, overtime regulations, and child labor regulations. John
would be able to sue under the FLSA. - ✔✔F
Under the rule of interpretation known as expressio unius est exclusio alterius, it is assumed
that when there is a list of certain items, the exclusion of others is presumed to be intentional.
Therefore, because the FLSA allows for a suit arising from violation of minimum wage laws,
overtime regulations, or child labor regulations, it is implied that other issues, such as
uncomfortable working conditions, are excluded from being enforced under the act.
There are three types of charges to the jury: general, special, or a combination. - ✔✔T
A general charge asks only for a general verdict; that is, it only asks for a guilty or innocent
finding and the damages, if relevant. A special charge includes several different questions, such
as the percent liability each side may have, if, in cases where the defendant can win by
disproving just one of several elements of a cause of action, the jury found a specific element of
a cause of action lacking, or other relevant questions.
All claims a defendant has against a plaintiff must be raised as a counterclaim in the answer. -
✔✔F
Only compulsory counterclaims, that is, counterclaims that arise out of the same set of
circumstances that led to the plaintiff's claim, must be raised in the answer. Furthermore, not
all jurisdictions make any counterclaims compulsory. Non-compulsory counterclaims, also
known as permissive counterclaims, may be brought as separate suits.
,A court enforces an injunction by charging the defendant with contempt of court if the
defendant fails to perform. - ✔✔T
An injunction is typically enforced by the court holding defendants who fail to perform the
court order in contempt of court.
If a defendant fails to respond to a complaint within a certain amount of time (generally 20
days), a default judgment can be granted against the defendant and the plaintiff wins by
default. - ✔✔T
If the defendant does not reply in a timely matter, the plaintiff automatically wins by means of
a default judgment against the defendant.
If a plaintiff presents enough evidence to create a "genuine issue of material fact" following
discovery, a judge should not grant summary judgment against that party. - ✔✔T
Summary judgment can only be granted against a plaintiff when the defendant successfully
shows that there is no genuine issue of material fact, that is, that there is no dispute regarding
evidence that may allow for the possibility of the plaintiff to win the suit on that particular
claim.
The adversarial judicial system tends to put more cost in the private sector while the
inquisitorial system tends to put more cost in the public sector. - ✔✔T
Because the adversarial system requires that the lawyers do the majority of the investigation
and research, it tends to cost more for the private sector. The inquisitorial system requires
much more out of the judges and, therefore, costs more for the public sector.
A court will generally consider the textual context of a statute when attempting to determine
the meaning of an ambiguous statute, prior to taking into account the circumstantial context of
the passing of the statute. - ✔✔T
Courts often consider the textual context of a statute when trying to interpret the meaning of
the statute prior to considering the circumstantial context of when the statute was passed.
AJ buys a car from Aaron. The car AJ buys breaks down the first day, so AJ sues Aaron. Because
of the car breaking down, AJ has failed to make payments on the car. In most states, Aaron's
, suit against AJ must be brought as a compulsory counterclaim, or else it he will lose the ability
to pursue the claim. - ✔✔T
Because Aaron's claim against AJ arises out of the same set of circumstances, it is a compulsory
counterclaim. Compulsory counterclaims which are not brought in an answer are generally
waived.
If a plaintiff properly proves all the necessary elements of his claim, he can still lose a civil case.
- ✔✔T
Even if the plaintiff proves all the necessary elements of his claim, the defendant may still
escape liability by properly proving an affirmative defense.
One of the disadvantages of arbitration is that it is not legally binding. - ✔✔F
Under the Federal Arbitration Act, all written commercial arbitration agreements and arbitrator
awards are legally enforceable if the underlying business transaction affected interstate
commerce. Even in instances where the underlying business transactions do not affect
interstate commerce, state arbitration statutes in every state usually make the arbitration
agreement and award enforceable.
It is generally easier for a plaintiff to win on summary judgment than a defendant. - ✔✔F
A defendant moving for summary judgment only needs to prove that there is no genuine issue
of material fact while a plaintiff must produce evidence strong enough to prove all elements of
the claim, the defendant failed to present evidence that creates any doubt about any elements
of the claim, and the defendant has failed to present evidence sufficient to create a genuine
issue regarding an affirmative defense.
If a defendant wins a counterclaim, the plaintiff cannot win their suit. - ✔✔F
Losing a counterclaim does not necessarily bar a plaintiff from winning their original suit
because it is possible for the counterclaim to be based on a separate cause of action. Because
of this, a plaintiff may win their claim and a defendant may also win their counterclaim.
Which of the following is a reason for the increasing popularity of arbitration?
The parties have more control over the process.
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