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LEB 320F Unit 2 Exam Questions and Answers 100% Solved | Rated A+
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LEB 320F Unit 2 Exam Questions and Answers 100% Solved | Rated A+ What are the two most common forms of Alternative Dispute Resolution? - Arbitration and Mediation. What is the Adversarial system of law? Where did we get it? What cases is it applied to? - Applied to criminal and civil cases, d...

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  • December 14, 2024
  • 21
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • LEB 320F
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LEB 320F Unit 2 Exam Questions and

Answers 100% Solved | Rated A+


What are the two most common forms of Alternative Dispute Resolution? -

✔✔Arbitration and Mediation.

What is the Adversarial system of law? Where did we get it? What cases is

it applied to? - ✔✔Applied to criminal and civil cases, derived from english

law, refers to the amount of control that the parties and their attorneys have

over the procedure. Parties research the law and develop the facts, decide

which issues are going to be presented, which legal arguments are going to

be made, what evidence should be gathered and presented, and how the

evidence is to be introduced in court without input from the trial judge

What role does a trial judge play in an adversarial system? How much

control does a trial judge have over proceedings? - ✔✔Trial judge takes no

action unless a party specifically requests it - even if a party presents

evidence illegally the trial judge will not act unless the other party objects.

Trial judges may sometimes ask questions of witnesses if they believe that

an attorney's questioning is not eliciting certain important testimony. Can


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,"comment on the weight of the evidence"—make comments to the jury

about the strength of particular testimony or other evidence. If the court is

backed up trial judges will take a greater degree of control

What is the Inquisitorial System of law? - ✔✔Trial judge decides which

issues will be addressed, although the parties provide input. Judges are

usually in charge of the investigation and gathering of evidence. Rather

than a single trial there are several small trials between which investigation

occurs. Citizen juries are not used

Adversarial system vs Inquisitorial system - ✔✔The adversarial system

shifts more of the cost to the private sector, whereas the inquisitorial

system places more of the cost in the public sector

What are the stages of pretrial? - ✔✔pleading, motion to dismiss/answer,

reply, discovery

What occurs in the pleading stage? - ✔✔Plaintiff's attorney files a complaint

to the court with jurisdiction asking the court to file a summons. Ends with a

prayer (request) for a remedy based on the facts listed. If a plaintiff wants

an injunction it is listed here.

What is a Motion to dismiss? What are the next steps if it is granted? -

✔✔defendant asserts that the plaintiff has not even stated a "cause of


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, action"—that is, that even if the plaintiffs allegations are true, the law does

not recognize such a claim

The plaintiff can begin such an appeal immediately if the trial court grants

the motion to dismiss, but if the trial judge denies the motion to dismiss, the

defendant must wait until the case ends at the trial level before appealing

How detailed must a claim be to survive a motion to dismiss? - ✔✔Under

Twombly and Iqbal, all that is required for a judge to dismiss for failure to

state a claim is that a complaint would allow for a "savvy trial judge" to find

the alleged facts improbable and that the plaintiff's chance of ultimately

winning is highly unlikely.

Ashcroft v. Iqbal - premise - ✔✔Pakistani Muslim, Javaid Iqbal, claims he

was unfairly detained and subject to harsh conditions on account of his

race, religion, and/or national origin. Iqbal was of high interest in the

investigations following the September 11th attacks and was detained in

maximum security. He pleaded guilty to his charges and was removed to

Pakistan. He then filed a Bivens in the US district court against 34 current

and former federal officials and 19 "John Doe" federal corrections officers

Ashcroft v. Iqbal - outcome - ✔✔alters common law practices for motion to

dismiss

What must an answer to a claim contain? - ✔✔A denial
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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