LEB 320F WB QUIZ 1 STUDY GUIDE (modules 1-17)
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes.
statutory law - Answer -refers to legal rules that have been formally adopted by legislative bodies rather than by the courts
federal law - Answer -created by the national government
state law - Answer -rules that apply only toward the state in which the laws are created in
plaintiffs - Answer -the accusers
defendants - Answer -accused of the wrongdoing
damages - Answer -a sum of money equivalent to the loss suffered by the plaintiff
civil laws - Answer -the laws that spell out the rights and duties existing among individuals, business firms, and government agencies
preponderance of the evidence - Answer -judge/jury must be somewhat more convinced
of the plaintiff's evidence than by the defendant's
criminal law - Answer -comprised of those statutes in which a state or fed. gov. prohibits
specified kinds of conduct and provides for the imposition of fines or imprisonment on persons convicted of violating them
beyond a reasonable doubt - Answer -jurors must be more convinced that a defendant committed a wrong before finding the defendant guilty in a criminal case
laws - Answer -rules that MUST be followed ethics - Answer -standards that SHOULD be followed in a moral sense, but which are not attached to a specific penalty
types of state courts - Answer -very low level, low level, high level
very low level state courts - Answer -limited jurisdiction; trial courts that have limited authority and can only hear certain specific types of cases
low level state courts - Answer -general trial courts; empowered to hear all cases except
those expressly assigned by statute to the courts of limited jurisdiction
high level state courts - Answer -appellate courts; decide legal questions- hear appeals from judgements entered by the lower courts
types of federal courts - Answer -specialized, U.S. district, appellate
Specialized U.S. courts - Answer -have very specialized subject matter jurisdiction
U.S. district courts - Answer -basic trial courts within the federal system. 94 judicial districts, at least 1 per state. most important courts in the federal system
Appellate Courts - Answer -there are 13 U.S. courts of appeal
Writ of Certiorari - Answer -an order of a higher court requiring a lower court to send to it
the documentary record of the trial
appellant - Answer -the side making the appeal
summary judgement - Answer -a judge can terminate a case before it ever goes to trial
remanded - Answer -returned to the trial court with instructions for further proceedings
affirm - Answer -to be in favor of
counterclaim - Answer -defendant will allege facts in his answer that, if proved, will establish a legally-recognized claim against the Plaintiff
default judgement - Answer -if the defendant doesn't respond, the court will grant the plaintiff's allegation(s) as true and proven without the defendant getting a chance to present their side of the story
discovery tools - Answer -depositions, interrogatories, and requests for production of documentation
deposition - Answer -testimony of a witness that is taken outside of the court
common law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes.
statutory law - Answer -refers to legal rules that have been formally adopted by legislative bodies rather than by the courts
federal law - Answer -created by the national government
state law - Answer -rules that apply only toward the state in which the laws are created in
plaintiffs - Answer -the accusers
defendants - Answer -accused of the wrongdoing
damages - Answer -a sum of money equivalent to the loss suffered by the plaintiff
civil laws - Answer -the laws that spell out the rights and duties existing among individuals, business firms, and government agencies
preponderance of the evidence - Answer -judge/jury must be somewhat more convinced
of the plaintiff's evidence than by the defendant's
criminal law - Answer -comprised of those statutes in which a state or fed. gov. prohibits
specified kinds of conduct and provides for the imposition of fines or imprisonment on persons convicted of violating them
beyond a reasonable doubt - Answer -jurors must be more convinced that a defendant committed a wrong before finding the defendant guilty in a criminal case
laws - Answer -rules that MUST be followed ethics - Answer -standards that SHOULD be followed in a moral sense, but which are not attached to a specific penalty
types of state courts - Answer -very low level, low level, high level
very low level state courts - Answer -limited jurisdiction; trial courts that have limited authority and can only hear certain specific types of cases
low level state courts - Answer -general trial courts; empowered to hear all cases except
those expressly assigned by statute to the courts of limited jurisdiction
high level state courts - Answer -appellate courts; decide legal questions- hear appeals from judgements entered by the lower courts
types of federal courts - Answer -specialized, U.S. district, appellate
Specialized U.S. courts - Answer -have very specialized subject matter jurisdiction
U.S. district courts - Answer -basic trial courts within the federal system. 94 judicial districts, at least 1 per state. most important courts in the federal system
Appellate Courts - Answer -there are 13 U.S. courts of appeal
Writ of Certiorari - Answer -an order of a higher court requiring a lower court to send to it
the documentary record of the trial
appellant - Answer -the side making the appeal
summary judgement - Answer -a judge can terminate a case before it ever goes to trial
remanded - Answer -returned to the trial court with instructions for further proceedings
affirm - Answer -to be in favor of
counterclaim - Answer -defendant will allege facts in his answer that, if proved, will establish a legally-recognized claim against the Plaintiff
default judgement - Answer -if the defendant doesn't respond, the court will grant the plaintiff's allegation(s) as true and proven without the defendant getting a chance to present their side of the story
discovery tools - Answer -depositions, interrogatories, and requests for production of documentation
deposition - Answer -testimony of a witness that is taken outside of the court
