Leb 320f exam 1 - Study guides, Class notes & Summaries

LEB 320F Exam 1 Question & Answers 2024/

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What are the two most common forms of Alternative Dispute Resolution? - Answer-Arbitration and Mediation. What is the Adversarial system of law? Where did we get it? What cases is it applied to? - Answer-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 mad...

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 inte...

Importance of Laws/Rules - Answer-- Ignorance no excuse - Personal Liability - Professional liability - Criminal liability - Profitability - Sustainability - Unnecessary headaches Law - Answer-A binding custom or practice of a community Domain of law is everywhere. - Medicine - Banking - Grumpy Neighbors - Intellectual Property - Gov't - Family Areas of Law - Answer-Lawyers specialize in one (maybe two) areas. Can't expect an attorney to know anything about another ...

True or False: Every state has a separate Federal Court Circuit - Answer-False. There are only 13 Federal Circuit Courts True or False: Individuals are generally not required by law to help a third party when they request aid. - Answer-True. Although there are many exceptions, a third party generally has no legal obligation to assist a third party. True of False: Because a corporation is not an individual, a corporation does not have to be served prior to a suit. - Answer-Corporations ge...

Law - Answer-Society's binding rules Primary v. Secondary Law - Answer-Primary- binding (law, anything passed by Congress) Secondary- Non-binding (SCOTUS dissenting opinions, summaries, law dictionary, law articles, etc) Federal v. State - Answer-Most laws are state laws; exceptions reserved for the states (Federalism) Statutory v. Common - Answer-Statutory- WRITTEN, statutes - from legislature, constitution, treaties, etc Common- rules on these areas of law that are not from statu...

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 bodi...

Common Law is unique because it is able to adapt. - Answer-true. Common Law can be changed from case to case. A website accessible in a jurisdiction is enough to establish general jurisdiction - Answer-false. Simply having a website, "without requiring some level of 'interactivity' between the defendant and consumers in the forum state" is not enough to establish general jursidiction in a given jurisdiction. Because a corporation is not an individual, a corporation does not hav...

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 inte...