LE 101 Exam 1 - Quinnipiac Questions and Answers with complete solution

to under stand law and create Legal Analysis requires: - Answer-1. relevant facts rules rules to facts cause of action - Answer-a claim based on the law and the facts that are sufficient to support a lawsuit language used for the laws and constitutions are - Answer-vague and ambiguous 8th amendment - Answer-excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual inflicted punishment What do trial courts do? - Answer-1. Present evidence 2. Apply law 3. Provide jury What do appellate courts do? - Answer-1. no evidence 2. lawyers argue points of law 3. no jury 4. written decision Stare decisis - Answer-"the decision stands" binds judges to follow past ruling and allows for predictability stare decisis is broke into what two authorities? - Answer-Mandatory authority persuasive authority Mandatory authority - Answer-same type of case from same state = would have to follow previous rulingPersuasive Authority - Answer-court decisions from an equal or a lower court from the same jurisdiction or from a court in a different jurisdiction appellate courts are the basis for: - Answer-stare decisis - can send back to trial courts - will go to trial and make cases about the law of it - judge will then say why they choose what they did Court made/common law - Answer-trial made - judge will then say why they choose what they did and this will become law after trial courts comes- - Answer-appellate court after appellate courts comes- - Answer-supreme court trial court decisions - Answer-liable vs not liable dismiss acquit appellate level court decisions - Answer-affirm reverse remand dissenting opinions concurring opions