LEB 320F Final Exam Study Guide Questions and Answers Latest Update
5 views 0 purchase
Course
LEB 320F
Institution
LEB 320F
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-legal rules that have been formall...
LEB 320F Final Exam Study Guide
Questions and Answers Latest Update
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-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. BothAandB
D. None of the above - Answer-C. Written laws passed by legislative bodies like
Congress are statutes.
Federal Law - Answer-the law of the national government
State Law - Answer-State statutes, regulations, principles, and rules having the force of
law
Plaintiff - Answer-a person who brings a case against another in a court of law.
Defendant - Answer-an individual or group being sued or charged with a crime
Civil Law - Answer-all those laws 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-those 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.
criminal suits are brought by - Answer-the government whose law has allegedly been
violated
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 ____________________.
A. civil; by preponderance of the evidence
B. civil; beyond a reasonable doubt
C. criminal; by preponderance of the evidence
D. criminal; beyond a reasonable doubt - Answer-A. Private cases between private
people or companies are civil lawsuits. In such cases, plaintiffs must present enough
evidence to prove their claims true by a preponderance of the evidence.
Law - Answer-rules that must be followed
Ethics - Answer-standards that should be followed in a moral sense but are not attached
to a specific penalty
state courts of limited jurisdiction - Answer-limited authority and can only hear certain
types of cases
State General Trial Courts - Answer-empowered to hear all cases except those
expressly assigned by statutes to the courts of limited jurisdiction
State Appellate Courts - Answer-hear appeals from judgements entered by the lower
courts
Specialized U.S. Courts - Answer-courts that have very specialized subject matter
jurisdiction, including the U.S. Tax Court, which hears only federal tax cases and the
U.S. Claims Court, which hears only claims against the U.S. government
U.S. District Courts - Answer-the basic trial courts (civil and criminal) in the federal
system, where the typical federal case begins
US Appellate Court - Answer-The court that hears the appeal of the court decision
made in the US District Court. No juries in an appellate court.
writ of certiorari - Answer-An order by a higher court directing a lower court to send up a
case for review
Trial courts settle questions of - Answer-fact and law
Appellate courts settle questions of - Answer-law only
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 ________________.
A. a general trial court; his state's supreme court
, B. a general trial court; the U.S. Supreme Court
C. A U.S. Court of Appeals; his state's supreme court
D. A U.S. Court of Appeals; the U.S. Supreme Court - Answer-D. 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.
Appellant - Answer-The party who takes an appeal from one court to another.
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals.
Which of the following can you say is definitely true?
A. Abner was the plaintiff in the original lawsuit brought to district court.
B. Abner is bringing the appeal to the U.S. Court of Appeals.
C. Abner was the defendant in the original lawsuit brought to district court.
D. Both A and B are definitely true.
E. None of the above are definitely true. - Answer-B. Abner might have been either the
plaintiff or defendant originally. But since Abner is listed first for the appellate case,
Abner is definitely the side bringing the appeal.
Summary Judgement - Answer-A ruling by the court that no trial is necessary because
some essential facts are not in dispute
Remanded - Answer-To send a case back to the court that originally heard it.
affirmed - Answer-permitted to stand
Plaintiff's Complaint - Answer-contains facts to establish jurisdiction, the allegations, and
the remedy sought
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.
Defendant's Answer - Answer-Procedurally, a defendant's response to the plaintiff's
complaint.
defendant's answer: 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.
burden of proof - Answer-the obligation to present evidence to support one's claim
defendant's answer: defense - Answer-A defense defeats the plaintiff's claim even if the
plaintiff is able to prove those facts that establish all the elements of his or her claim
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 lectknancy. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $16.49. You're not tied to anything after your purchase.
