LEB 320F FINAL / Midterm 2 Exam Questions and Answers
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result form judicial decisions in those areas of law where legislatures have not enacted comprehensive statues (judge-made law)
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. Both A and B
D. None of the above - Answer -C. Both A and B
civil laws - Answer -all those law 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 -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
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 ______________. - Answer -civil; by preponderance of the evidence limited jurisdiction - Answer -have limited authority and can hear only certain types of cases
general trial courts - Answer -courts of "general jurisdiction"; they are empowered to hear all cases except those expressly assigned by statute to the courts of limited jurisdiction
appellate courts - Answer -hear appeals from judgments entered by the lower courts
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; the US Supreme Court
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
remanded - Answer -to send a case back to the court that originally heard it
affirms - Answer -allows lower court's action to stand
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
inquisitorial system - Answer -trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses
complaint - Answer -a formal notice that a lawsuit is being brought
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
answer - Answer -if there is no motion to dismiss, or if one is filed and denied, the defendant responds to the complaint by filing an answer (complaint and answer make up the initial proceedings of a case)
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
default judgment - Answer -a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy of Adam's complaint, and in her answer, she alleges that her dog bit Adam when he was trespassing in her yard late at night, that he destroyed her fence when he ran away from the dog, and that he should pay $500 to compensate her for the fence repairs. Characterize the components of Brenda's answer.
A. It contains a denial
B. It contains a defense
C. it contains a counterclaim
D. A and C
E. B and C - Answer -E. B and C (contains a defense and counterclaim)
discovery tools - Answer -(1) depositions (oral and written)
(2) inerrogatories
(3) requests to produce
deposition - Answer -the testimony of a witness made under oath but not in open court
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 of documents - Answer -discovery tool for uncovering paper evidence in a case
Sam sues AlphaCo, his former employer. In his case, he alleges that AlphaCo illegally discriminated against him. During discovery, Sam's lawyer asks AlphaCo for its employment records over the last 10 years. The lawyer also wants to talk to Sam's former supervisor under oath and ask him about Sam's termination. The demand for the
employment records is a(n) ___________. The lawyer would like to talk to the former supervisor as part of a(n) ____________. - Answer -request for production of documents; deposition
subject matter jurisdiction - Answer -power to hear a particular type of case
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
personal jurisdiction - Answer -court's power over the parties to the case
procedural due process - Answer -constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
appearance - Answer -a defendant automatically submits to the court's personal jurisdiction if he or she makes an appearance
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result form judicial decisions in those areas of law where legislatures have not enacted comprehensive statues (judge-made law)
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. Both A and B
D. None of the above - Answer -C. Both A and B
civil laws - Answer -all those law 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 -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
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 ______________. - Answer -civil; by preponderance of the evidence limited jurisdiction - Answer -have limited authority and can hear only certain types of cases
general trial courts - Answer -courts of "general jurisdiction"; they are empowered to hear all cases except those expressly assigned by statute to the courts of limited jurisdiction
appellate courts - Answer -hear appeals from judgments entered by the lower courts
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; the US Supreme Court
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
remanded - Answer -to send a case back to the court that originally heard it
affirms - Answer -allows lower court's action to stand
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
inquisitorial system - Answer -trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses
complaint - Answer -a formal notice that a lawsuit is being brought
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
answer - Answer -if there is no motion to dismiss, or if one is filed and denied, the defendant responds to the complaint by filing an answer (complaint and answer make up the initial proceedings of a case)
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
default judgment - Answer -a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy of Adam's complaint, and in her answer, she alleges that her dog bit Adam when he was trespassing in her yard late at night, that he destroyed her fence when he ran away from the dog, and that he should pay $500 to compensate her for the fence repairs. Characterize the components of Brenda's answer.
A. It contains a denial
B. It contains a defense
C. it contains a counterclaim
D. A and C
E. B and C - Answer -E. B and C (contains a defense and counterclaim)
discovery tools - Answer -(1) depositions (oral and written)
(2) inerrogatories
(3) requests to produce
deposition - Answer -the testimony of a witness made under oath but not in open court
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 of documents - Answer -discovery tool for uncovering paper evidence in a case
Sam sues AlphaCo, his former employer. In his case, he alleges that AlphaCo illegally discriminated against him. During discovery, Sam's lawyer asks AlphaCo for its employment records over the last 10 years. The lawyer also wants to talk to Sam's former supervisor under oath and ask him about Sam's termination. The demand for the
employment records is a(n) ___________. The lawyer would like to talk to the former supervisor as part of a(n) ____________. - Answer -request for production of documents; deposition
subject matter jurisdiction - Answer -power to hear a particular type of case
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
personal jurisdiction - Answer -court's power over the parties to the case
procedural due process - Answer -constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
appearance - Answer -a defendant automatically submits to the court's personal jurisdiction if he or she makes an appearance
