LEB 320F FINAL exam with complete solutions 2024_2025
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Course
LEB 320F
Institution
LEB 320F
common law
all the rules and principles currently existing in any state, regardless of their historical origin, that result form judicial decisions in those areas of law where legislatures have not enacted comprehensive statues (judge-made law)
statutory law
legal rules that have been form...
LEB 320F FINAL exam with complete
solutions 2024/2025
common law - ANSWER- all the rules and principles currently existing in any
state, regardless of their historical origin, that result form judicial decisions in
those areas of law where legislatures have not enacted comprehensive statues
(judge-made law)
statutory law - ANSWER- legal rules that have been formally adopted by
legislative bodies rather than by the courts
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed
the Genetic Information Nondiscrimination Act. Which of these is/are a statute?
A. The Sherman Antitrust Act
B. The Genetic Information Nondiscrimination Act
C. Both A and B
D. None of the above - ANSWER- C. Both A and B
civil laws - ANSWER- all those law that spell out the rights and duties existing
among individuals, business firms, and sometimes even government agencies
preponderance of the evidence - ANSWER- the standard of proof in a civil case in
which a judge or jury must believe the plaintiff's story and evidence is stronger
than the defendant's version.
criminal law - ANSWER- statutes in which a state or the federal government
prohibits specified kinds of conduct and which additionally provide for the
imposition of fines or imprisonment on persons convicted of violating them
beyond a reasonable doubt - ANSWER- the level of proof required to convict a
person of a crime
,Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a
stop sign and hitting his car and seeks damages to compensate him for his
losses. Paul's case will be a ____________ lawsuit. In the case, Paul's burden of
proof will be to prove his case ______________. - ANSWER- civil; by
preponderance of the evidence
limited jurisdiction - ANSWER- have limited authority and can hear only certain
types of cases
general trial courts - ANSWER- courts of "general jurisdiction"; they are
empowered to hear all cases except those expressly assigned by statute to the
courts of limited jurisdiction
appellate courts - ANSWER- hear appeals from judgments entered by the lower
courts
Ron loses his discrimination claim in federal district court. If he wishes, he can
appeal his case to a __________ court. If he loses there, he can seek to have his
case reviewed by _____________. - ANSWER- US court of Appeals; the US
Supreme Court
summary judgment - ANSWER- a judgment decided by a trial court without that
case going to trial; a summary judgment is an attempt to stop a case from going
to trial
remanded - ANSWER- to send a case back to the court that originally heard it
affirms - ANSWER- allows lower court's action to stand
adversarial system - ANSWER- trial procedures designed to resolve conflict
through the clash of opposing sides, moderated by a neutral, passive judge who
applies the law
inquisitorial system - ANSWER- trial procedures designed to determine the truth
through the intervention of an active judge who seeks evidence and questions
witnesses
complaint - ANSWER- a formal notice that a lawsuit is being brought
, motion to dismiss - ANSWER- a pleading in which a defendant asserts that the
plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that
there are other grounds on which a suit should be dismissed
answer - ANSWER- if there is no motion to dismiss, or if one is filed and denied,
the defendant responds to the complaint by filing an answer (complaint and
answer make up the initial proceedings of a case)
denial - ANSWER- formality that places the plaintiff's allegations in issue and
places the burden on the plaintiff to prove the factual assertions he or she has
made
default judgment - ANSWER- a judgment entered by a court against a defendant
who has failed to appear in court to answer or defend against the plaintiff's claim
Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a
copy of Adam's complaint, and in her answer, she alleges that her dog bit Adam
when he was trespassing in her yard late at night, that he destroyed her fence
when he ran away from the dog, and that he should pay $500 to compensate her
for the fence repairs. Characterize the components of Brenda's answer.
A. It contains a denial
B. It contains a defense
C. it contains a counterclaim
D. A and C
E. B and C - ANSWER- E. B and C (contains a defense and counterclaim)
discovery tools - ANSWER- (1) depositions (oral and written)
(2) inerrogatories
(3) requests to produce
deposition - ANSWER- the testimony of a witness made under oath but not in
open court
interrogatories - ANSWER- a series of written questions for which written
answers are prepared by a party to a lawsuit, usually with the assistance of the
party's attorney, and then signed under oath
request for production of documents - ANSWER- discovery tool for uncovering
paper evidence in a case
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