• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 4 out of 62 pages
Exam (elaborations)

leb 320 final exam Questions and Correct Answers/ Latest Update / Already Graded

Document preview thumbnail
Preview 4 out of 62 pages

leb 320 final exam Questions and Correct Answers/ Latest Update / Already Gradedleb 320 final exam Questions and Correct Answers/ Latest Update / Already Gradedleb 320 final exam Questions and Correct Answers/ Latest Update / Already Gradedleb 320 final exam Questions and Correct Answers/ Latest Update / Already Graded

Content preview

1 | Page
leb 320 final exam Questions and Correct
Answers/ Latest Update / Already Graded
common law

Ans: originated in court opinions (creates precedents)

- judges written down decisions in the past and use as precedent (stare decisive)- if
outdated, precedent is modified or overturned

- legal principles and ideas that have been developed by court cases

ex: selling services is typically under _______


statutory law

Ans: legal rules created by bodies or representatives


criminal law

Ans: gov prosecutes a defendant for a criminal action violating criminal law
(private person can't make a criminal case)


civil law

Ans: cover rights and duties among private people and companies, looking for
compensation from others


Soldano V. O'daniels

, 2 | Page
Ans: law vs ethics
family of deceased person sued bar across the street for not letting them use their
phone to call the police
- lower court dismissed case
- higher court disagreed

law vs ethics- point at which an action becomes legally required not only morally
required


Tarasoff v. regents

Ans: - similar to soprano v. o'daniels
- where affirmative duties are imposed in a list of special relationships
- patient told therapist he intended to kill Tarasoff


system of courts

Ans: trial courts--> intermediate courts--> supreme courts (for federal and state)


trial court

Ans: - someone wins, someone loses

- lawyers file pleading, select juries, witnesses, etc.

- if unhappy w/ decision you can appeal once to an intermediate court


intermediate court (appellate)

Ans: - NOT a do over, panel of judges reviews what happens to determine if a
mistake was made


Supreme court

, 3 | Page
Ans: some states have 2 (one for civil, one for criminal)

- must ask for a writ of certiorari to proceed and the answer is almost always no
- generally only cases granted writ of certiorari are heard


court of limited jurisdiction

Ans: specific to subject matter


general trial courts

Ans: all cases except those by limited jurisdiction courts

- all contract law, criminal law, and corporation law


jurisdiction

Ans: scope of a courts power


1. subject matter jurisdiction

2. personal jurisdiction

Ans: what must a court have in order to render effective judgement in a case?


subject matter jurisdiction

Ans: courts power to her a particular type of category of case (some courts are
created for a particular category)

- ex: if a plaintiff filed a breach of contract lawsuit in a tax court


1. lawsuits regarding federal law (federal statute or provision in the US constitution)

, 4 | Page
2. cases between people from different states worth at least $75000

Ans: 2 types of lawsuits that federal courts have subject matter jurisdiction in


standard fire case

Ans: - Knowles filed a class action case against standard fire co
- stated they harmed thousands of policy holders by failing to include a general
contractor fee
- said he wouldn't seek more than $5 mil to keep the lawsuit in state (issue if this
removed it from the CAFA's scope)--> federal district judge said it did and moved
it to Arkansas state court, after being decided to hear an appeal standard fire
brought it to the supreme court

- under CAFA (class action fairness act) stating a class will not have damages
exceeding $5 mil does not prevent the defendant from removing the case to
federal court
- plaintiff cannot limit the damages of all the other members of a class


personal jurisdiction

Ans: courts power over the parties involved in the lawsuit

- plaintiffs submit themselves to courts jurisdiction upon filing a lawsuit
- defendants court has a personal jurisdiction over a defendant if he makes an
appearance or takes a formal step to defend his lawsuit
- if defendant has continuous and systematic contacts with a jurisdiction it has
general jurisdiction over the defendant

- when a state has general jurisdiction over a party it has personal jurisdiction over
the party


Fraserside v. Youngtek Solutions

Document information

Uploaded on
April 23, 2025
Number of pages
62
Written in
2024/2025
Type
Exam (elaborations)
Contains
Questions & answers
$14.99

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
Expert1
4.1
(9)
Sold
69
Followers
3
Items
7590
Last sold
2 weeks ago




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions