LEB 320F: Exam 1 Questions with
Answers 100% Pass
What is law? - CORRECT ANSWER-list of binding rules in a society
What are the classifications of law? - CORRECT ANSWER-primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - CORRECT ANSWER-binding
What is secondary law? - CORRECT ANSWER-not binding (techically not a law
because it's not binding); comments and analyses of primary law; legal dictionaries;
basically, legal commentary
What is state law? - CORRECT ANSWER-the bulk of the law that governs us;
there are specific enumerated powers in the constitution that are controlled by
federal law, but everything else is left to the state to do what they wish
What questions do you ask when determining whether a law is primary or
secondary? - CORRECT ANSWER-Is the law binding?
,What question do you ask when determining whether a law is federal or state? -
CORRECT ANSWER-who gives us the law?
What question do you ask when determining whether a law is common or
statutory? - CORRECT ANSWER-Which branch of the federal/state government
gave us this law?
What branch(es) of government do(es) statutory law come from? - CORRECT
ANSWER-legislative and executive
What is statutory law? - CORRECT ANSWER-comes from the legislative branch
and the executive branch; written law; constitutions; any law passed by congress;
treaties; city ordinances; regulations
What branch(es) of government do(es) common law come from? - CORRECT
ANSWER-judicial
What is common law? - CORRECT ANSWER-comes from the judicial branch;
judge-made law--unwritten law; court-made law; most of what we do in thie class
What question do you ask when determining whether an offense is criminal or
civil? - CORRECT ANSWER-Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - CORRECT
ANSWER-yes
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,Is ther burden of proof for criminal offenses the same as civil offenses? -
CORRECT ANSWER-no--because the consequences of being convicted are
different
What is a criminal offense? - CORRECT ANSWER-where you offend the state;
the district attorney brings an action against the offender; prosecuted by the
government; misdemeanors and felonies; burden of proof--beyond a reasonable
doubt
What are the two types of criminal offenses? - CORRECT ANSWER-
misdemeanors and felonies
What is a misdemeanor? - CORRECT ANSWER-offenses punishable by less than
a year in jail
What is a felony? - CORRECT ANSWER-offenses punishable by a year+ in
prison
What is the burden of proof for a criminal offense? - CORRECT ANSWER-
beyond a reasonable doubt
What is a civil offense? - CORRECT ANSWER-where you offend people; lawsuit
(civil actions); torts; breaches of contract; burden of proof--by a preponderance of
the evidence (more likely than not)
What are the two types of civil offenses? - CORRECT ANSWER-torts and
breaches of contract
, What is the burden of proof for a civil offense? - CORRECT ANSWER-by a
preponderance of the evidence (more likely than not)
The court system is a ___ tiered system. - CORRECT ANSWER-3
What are the tiers in the federal court system? - CORRECT ANSWER-trial courts
(bottom), circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - CORRECT ANSWER-trial courts of
general jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - CORRECT ANSWER-US district
courts--most states are divided into multiple districts--each district has a US district
court
To which trial court do most federal trials go? - CORRECT ANSWER-TCOGJ
(US district courts)
What are trial courts of limited jurisdiction (TCOLJ)? - CORRECT ANSWER-can
only ear trials of certain subject matters (ex: US tax court); there are a few subject
areas where disputes in those areas go to specialty trial courts
What courts are at the bottom of the federal court system pyramid? - CORRECT
ANSWER-trial courts (the only level where trials happen)
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
Answers 100% Pass
What is law? - CORRECT ANSWER-list of binding rules in a society
What are the classifications of law? - CORRECT ANSWER-primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - CORRECT ANSWER-binding
What is secondary law? - CORRECT ANSWER-not binding (techically not a law
because it's not binding); comments and analyses of primary law; legal dictionaries;
basically, legal commentary
What is state law? - CORRECT ANSWER-the bulk of the law that governs us;
there are specific enumerated powers in the constitution that are controlled by
federal law, but everything else is left to the state to do what they wish
What questions do you ask when determining whether a law is primary or
secondary? - CORRECT ANSWER-Is the law binding?
,What question do you ask when determining whether a law is federal or state? -
CORRECT ANSWER-who gives us the law?
What question do you ask when determining whether a law is common or
statutory? - CORRECT ANSWER-Which branch of the federal/state government
gave us this law?
What branch(es) of government do(es) statutory law come from? - CORRECT
ANSWER-legislative and executive
What is statutory law? - CORRECT ANSWER-comes from the legislative branch
and the executive branch; written law; constitutions; any law passed by congress;
treaties; city ordinances; regulations
What branch(es) of government do(es) common law come from? - CORRECT
ANSWER-judicial
What is common law? - CORRECT ANSWER-comes from the judicial branch;
judge-made law--unwritten law; court-made law; most of what we do in thie class
What question do you ask when determining whether an offense is criminal or
civil? - CORRECT ANSWER-Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - CORRECT
ANSWER-yes
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
,Is ther burden of proof for criminal offenses the same as civil offenses? -
CORRECT ANSWER-no--because the consequences of being convicted are
different
What is a criminal offense? - CORRECT ANSWER-where you offend the state;
the district attorney brings an action against the offender; prosecuted by the
government; misdemeanors and felonies; burden of proof--beyond a reasonable
doubt
What are the two types of criminal offenses? - CORRECT ANSWER-
misdemeanors and felonies
What is a misdemeanor? - CORRECT ANSWER-offenses punishable by less than
a year in jail
What is a felony? - CORRECT ANSWER-offenses punishable by a year+ in
prison
What is the burden of proof for a criminal offense? - CORRECT ANSWER-
beyond a reasonable doubt
What is a civil offense? - CORRECT ANSWER-where you offend people; lawsuit
(civil actions); torts; breaches of contract; burden of proof--by a preponderance of
the evidence (more likely than not)
What are the two types of civil offenses? - CORRECT ANSWER-torts and
breaches of contract
, What is the burden of proof for a civil offense? - CORRECT ANSWER-by a
preponderance of the evidence (more likely than not)
The court system is a ___ tiered system. - CORRECT ANSWER-3
What are the tiers in the federal court system? - CORRECT ANSWER-trial courts
(bottom), circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - CORRECT ANSWER-trial courts of
general jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - CORRECT ANSWER-US district
courts--most states are divided into multiple districts--each district has a US district
court
To which trial court do most federal trials go? - CORRECT ANSWER-TCOGJ
(US district courts)
What are trial courts of limited jurisdiction (TCOLJ)? - CORRECT ANSWER-can
only ear trials of certain subject matters (ex: US tax court); there are a few subject
areas where disputes in those areas go to specialty trial courts
What courts are at the bottom of the federal court system pyramid? - CORRECT
ANSWER-trial courts (the only level where trials happen)
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
