LEB 320F EXAM 2 TEST BANK QUESTIONS
WITH VERIFIED ANSWERS COMPLETE
REVIEW RESOURCE
●● 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
WITH VERIFIED ANSWERS COMPLETE
REVIEW RESOURCE
●● 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
