LEB 320F Quiz 1 Exam Questions with Complete Solutions
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Course
LEB 320F
Institution
LEB 320F
common law (case law, judge-made law, or unwritten law) - Answer-- a law established by following earlier judicial decisions (court cases).
-So, when a legal idea comes from a decision in a court case, whether the case happened last month or 150 years ago, it is part of the common law
statutor...
LEB 320F Quiz 1 Exam Questions with
Complete Solutions
common law (case law, judge-made law, or unwritten law) - Answer-- a law established
by following earlier judicial decisions (court cases).
-So, when a legal idea comes from a decision in a court case, whether the case
happened last month or 150 years ago, it is part of the common law
statutory law (written law) - Answer-- Law passed by the U.S. Congress or state
legislatures bodies (not courts)
- exact wording is set forth in writing—although the precise meaning is still subject to
interpretation by the courts
- Criminal law and tax law
in 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the
Genetic Information Nondiscrimination Act. Which of these is/are a statute?i - Answer-
both because passed by congress
federal law - Answer-- created by national government
- The right to free speech is federal, for example, because it is found in the 1st
Amendment to the United States Constitution. When Congress passes a statute like the
Civil Rights Act of 1964, it is also a federal law and it applies throughout the country.
state law - Answer-- A bill that has been passed by the State House and Senate and
approved by the governor.
-Texas Legislature creates many statutes that do not apply in Missouri or New York, but
which do apply in Texas.
plantiff - Answer-- the accuser
- a person who brings a case against another in a court of law.
- start lawsuits, they are complaining, and they are on offense. They are usually seeking
damages: money roughly equivalent to the loss suffered as a result of the defendant's
wrong.
defendant - Answer-- accused of wrongdoing, and they are on defense.
- generally seek to escape responsibility for the misdeeds of which plaintiffs accuse
them.
civil law - Answer-- civil actions—that is, actions in which the plaintiffs are seeking to
enforce private obligations or duties against the defendants.
-laws that spell out the rights and duties existing among individuals, business firms, and
sometimes even government agencies.
- (including libel and slander), breach of contract
- liable or not liable
,preponderance of the evidence - Answer-a civil lawsuit the plaintiff must prove her case
by a preponderance of the evidence in order to win. In other words, the judge or jury
deciding the case must be at least somewhat more convinced by the plaintiff's evidence
than by the defendant's.
criminal law - Answer-- comprised of those statutes in which a state or the federal
government prohibits specified kinds of conduct
- provide for the imposition of fines or imprisonment
- Criminal suits are always brought by the government whose law has allegedly been
violated (arrested by police)
- guilty or not guilty
beyond a responsible doubt - Answer-- jurors must be significantly more convinced that
a defendant committed a wrong before they will find the defendant guilty in a criminal
case.
civil and criminal law - Answer-some wrongful acts are of a dual nature, potentially
subjecting the wrongdoer to both criminal and civil penalties. For example, if a man
steals a car, the state could bring a criminal action against him, and the owner of the car
could also bring a civil action to recover damages arising from the theft
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, preponderance of the evidence
Law - Answer-A body of enforceable rules governing relationships among individuals
and between individuals and their society.
- must be followed or face fines or freedom take away
ethics - Answer-the principles of right and wrong that guide an individual in making
decisions
- should be followed but no specific penalty
state court of limited jurisdiction - Answer-- Courts that have jurisdiction over
misdemeanors and conduct preliminary investigation of felony charges.
- limited authority and only hear from certain cases like traffic courts and domestic
relation courts (divorce, custody)
- because so many, these court hear the most cases that come to trial
state court of general trial courts - Answer-- general jurisdiction
- can hear all cases except those specifically for the limited jurisdiction
- all important cases (like what we're focused on) of contract, criminal, and corporation
law originate here.
, state appellate courts - Answer-courts that do not try criminal cases but hear appeals of
decisions of lower courts
- decide legal questions, do not hear any testinomines or witnesses
federal specialized US courts - Answer-- specialized subject matter courts like tax court
or court of federal claims (against the US)
federal US district courts (like basic trial courts) - Answer-- There are 94 federal district
courts, which handle criminal and civil cases involving:
--> Federal statutes/laws
--> The U.S. Constitution
--> Civil cases between citizens from different states and the amount of money at stake
is more than $75,000 (This is the most common type of case in the U.S. District Court.)
- Appeals from here go to the U.S. Circuit Court of Appeals
federal appellate court - Answer-- 13 federal court of appeals
- have jurisdiction to hear appeals from district courts located in state boundaries
-
Supreme Court - Answer-the highest federal court in the United States
-these appeals are not a matter of right. Rather, the parties who seek review must
petition the Supreme Court for a writ of certiorari
- A writ of certiorari is an order of a higher court requiring a lower court to send to it the
documentary record of the trial.
- Court has absolute discretion in deciding which of these cases are sufficiently
important to warrant the granting of certiorari.
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 and US Supreme
Court
- Appeals from a federal district court would proceed to a federal appellate court, and
eventually perhaps to the U.S. Supreme Court, although the Supreme Court grants only
a relatively small percentage of requests for writs of certiorari
trial courts - Answer-must settle questions of both fact and law
- questions of fact are what happened questions like did the defendant expressively or
implicitly agree not to sell goods to the plaintiff.
appellate courts - Answer-settle/rule on questions of law only
- questions of law are like what is the rule applicable to the facts
Final judgement - Answer-Once a case is initiated in a given court system, it normally
stays in that system until a final judgment is reached.
- ex. if case starts in state gen. jurisdiction court, appeals goes to next higher state
court, not federal .
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