LEB 323 Test 1 Exam Questions and
Answers Graded A+ UPDATED
4 Characteristics of Respectable Legal Rules - CORRECT ANSWER-1) Relatively
certain 2) Relatively flexible 3) Known/knowable 4) Apparently reasonable
Great bulk of law is state/federal law - CORRECT ANSWER-STATE
Common Law - CORRECT ANSWER-all rules existing in a state that result from
judicial decisions in those areas of law (case, judge-made, or unwritten law;
contracts/torts)
Statutory Law - CORRECT ANSWER-state/federal statutes in effect; rule that
have been formally adopted by legislative bodies rather than the courts (written
law; constitutions/ordinances/treaties)
Civil Law - CORRECT ANSWER-•Civil action: (most common) plaintiff seeking
to enforce private obligations/duties against defendant
•Civil laws: spell out rights existing among individuals, business firms, and
sometimes government agencies
•Must be proved only by "a preponderance of evidence"
•Contract law, tort law, sales law
,Criminal Law - CORRECT ANSWER-Cases against the state; i.e. murder (felonies
and misdemeanors)
Public vs. Private Law - CORRECT ANSWER-Public law: concerned with
government-individual relationship (criminal, constitutional, and administrative
law)
Private law: concerned with creating and enforcing rights of one individual against
another
Soldano v. O'Daniels Case - CORRECT ANSWER-•Good samaritan prevented
from calling 911 by bartender; sues for wrongful death action tort
•Law of agency: allows bartender and owner to be sued if bartender was acting in
scope of employment
•Initial summary judgment reversed; decided not allowing good samaritan to help
was wrong
When is there a LEGAL duty to help others? - CORRECT ANSWER--You put
them in position of peril
-Special relationship (parent/arresting officer/etc.)
Adjudication/Jurisdiction - CORRECT ANSWER-Adjudication: fitting of rules to
facts required for settling legal controversies; primarily in state/federal courts
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, Jurisdiction: power to adjudicate (hear and decide a case and render a judgment
that is legally binding on the parties)
2 Main Types of Jurisdiction - CORRECT ANSWER-1. Subject matter: power to
hear particular kind of case
2. Personal: civil case, need defendant; procedural due process (fairness);
appearance, service of summons
Federal Courts Hear 2 Kinds of Civil Cases... - CORRECT ANSWER-1. Diversity
of citizenship: plaintiff/defendant citizens of different states; SM if at least $75K;
always concurrent
2. Federal question: questions of federal law (exclusive = federal only,patent claim;
concurrent = federal-state, plaintiff has choice of federal or state court)
3 Types of State Court Systems - CORRECT ANSWER-1. Courts of limited
jurisdiction (minor/traffic)
2. General trial courts (most important)
3. Appellate courts
3 Types of Federal Court Systems - CORRECT ANSWER-1. Specialized US trial
courts (ex. tax courts)
2. US district courts (96)
3. Appellate (13 and supreme; need writ of certiorari)
Answers Graded A+ UPDATED
4 Characteristics of Respectable Legal Rules - CORRECT ANSWER-1) Relatively
certain 2) Relatively flexible 3) Known/knowable 4) Apparently reasonable
Great bulk of law is state/federal law - CORRECT ANSWER-STATE
Common Law - CORRECT ANSWER-all rules existing in a state that result from
judicial decisions in those areas of law (case, judge-made, or unwritten law;
contracts/torts)
Statutory Law - CORRECT ANSWER-state/federal statutes in effect; rule that
have been formally adopted by legislative bodies rather than the courts (written
law; constitutions/ordinances/treaties)
Civil Law - CORRECT ANSWER-•Civil action: (most common) plaintiff seeking
to enforce private obligations/duties against defendant
•Civil laws: spell out rights existing among individuals, business firms, and
sometimes government agencies
•Must be proved only by "a preponderance of evidence"
•Contract law, tort law, sales law
,Criminal Law - CORRECT ANSWER-Cases against the state; i.e. murder (felonies
and misdemeanors)
Public vs. Private Law - CORRECT ANSWER-Public law: concerned with
government-individual relationship (criminal, constitutional, and administrative
law)
Private law: concerned with creating and enforcing rights of one individual against
another
Soldano v. O'Daniels Case - CORRECT ANSWER-•Good samaritan prevented
from calling 911 by bartender; sues for wrongful death action tort
•Law of agency: allows bartender and owner to be sued if bartender was acting in
scope of employment
•Initial summary judgment reversed; decided not allowing good samaritan to help
was wrong
When is there a LEGAL duty to help others? - CORRECT ANSWER--You put
them in position of peril
-Special relationship (parent/arresting officer/etc.)
Adjudication/Jurisdiction - CORRECT ANSWER-Adjudication: fitting of rules to
facts required for settling legal controversies; primarily in state/federal courts
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Jurisdiction: power to adjudicate (hear and decide a case and render a judgment
that is legally binding on the parties)
2 Main Types of Jurisdiction - CORRECT ANSWER-1. Subject matter: power to
hear particular kind of case
2. Personal: civil case, need defendant; procedural due process (fairness);
appearance, service of summons
Federal Courts Hear 2 Kinds of Civil Cases... - CORRECT ANSWER-1. Diversity
of citizenship: plaintiff/defendant citizens of different states; SM if at least $75K;
always concurrent
2. Federal question: questions of federal law (exclusive = federal only,patent claim;
concurrent = federal-state, plaintiff has choice of federal or state court)
3 Types of State Court Systems - CORRECT ANSWER-1. Courts of limited
jurisdiction (minor/traffic)
2. General trial courts (most important)
3. Appellate courts
3 Types of Federal Court Systems - CORRECT ANSWER-1. Specialized US trial
courts (ex. tax courts)
2. US district courts (96)
3. Appellate (13 and supreme; need writ of certiorari)
