requisites of a legal system - Answer-1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness "rules reflect and adapt to changing views of morality and justice"
common law - Answer-all the rules and principles currently existing in any state, regardless of their historical origin, that ...
LEB 320F Midterm Exam 1 Questions
and Answers
requisites of a legal system - Answer-1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness "rules reflect and adapt to changing views of morality and justice"
common law - Answer-all the rules and principles currently existing in any state,
regardless of their historical origin, that result from judicial decisions in those areas of
law where legislatures have not enacted comprehensive statutes
statutory law - Answer-rules that have been formally adopted by legislative bodies
rather than by the courts. e.g. State and Federal Constitutions, Municipal ordinances
and Treaties
civil laws - Answer-laws that spell out the rights and duties existing among individuals,
business firms and sometimes even government agencies. Contract law, tort law, and
sales law all fall within the civil category
criminal law - Answer-ALWAYS BROUGHT BY THE GOVERNMENT. statutes by 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
law & justice - Answer-what do most people usually want?
law & equity - Answer-injunctions; imperfect system
law & morals - Answer-are different but overlapping: law provides sanctions while
morals do not
illegal but not immoral - Answer-jaywalking :')))
immoral but not illegal - Answer-cheating
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
courts of limited jurisdiction - Answer-courts that handle misdemeanor crimes, violations
of criminal traffic laws, and lesser offenses
general trial courts - Answer-state courts of original jurisdiction that hear all kinds of
criminal cases
, appellate courts - Answer-Courts hearing cases appealed from a lower court.
district courts - Answer-the lowest federal courts; federal trials can be held only here
specialized courts - Answer-also called problem-solving courts, they work with particular
types of offenses and offenders
Supreme Court - Answer-the highest federal court in the United States
appellate court - Answer-court that generally reviews only findings of law made by lower
courts
trial court - Answer-the first court to hear a criminal or civil case; focuses on fact AND
law
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.
depositions - Answer-Oral questions asked of parties and witnesses under oath.
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 - Answer-a request to an opposing party for documents relevant
to the lawsuit
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
jurisdiction - Answer-to hear and decide a case and render a judgment that is legally
binding on the parties
federal question cases - Answer-cases concerning the Constitution, federal laws, or
treaties
diversity of citizenship - Answer-A basis for federal court jurisdiction over a lawsuit
between citizens of different states and countries & damages MUST be over 75,000
concurrent jurisdiction - Answer-authority for both state and federal courts to hear and
decide cases
exclusive jurisdiction - Answer-authority of only federal courts to hear and decide cases
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