1
leb 320 final exam Questions and
Correct Answers
Question: common law
Answer: 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decisive)- if outdated, precedent is modified or overturned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 _______
Question: statutory law
Answer: legal rules created by bodies or representatives
Question: criminal law
Answer: gov prosecutes a defendant for a criminal action violating
criminal law (private person can't make a criminal case)
Question: civil law
Answer: cover rights and duties among private people and companies,
looking for compensation from others
Question: Soldano V. O'daniels
Answer: 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
Pretest - Stuvia US
,2
law vs ethics- point at which an action becomes legally required not only
morally required
Question: Tarasoff v. regents
Answer: - 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
Question: system of courts
Answer: trial courts--> intermediate courts--> supreme courts (for
federal and state)
Question: trial court
Answer: - someone wins, someone loses
- lawyers file pleading, select juries, witnesses, etc.
- if unhappy w/ decision you can appeal once to an intermediate court
Question: intermediate court (appellate)
Answer: - NOT a do over, panel of judges reviews what happens to
determine if a mistake was made
Question: Supreme court
Answer: 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
Question: court of limited jurisdiction
Pretest - Stuvia US
,3
Answer: specific to subject matter
Question: general trial courts
Answer: all cases except those by limited jurisdiction courts
- all contract law, criminal law, and corporation law
Question: jurisdiction
Answer: scope of a courts power
Question: 1. subject matter jurisdiction
2. personal jurisdiction
Answer: what must a court have in order to render effective judgement in
a case?
Question: subject matter jurisdiction
Answer: 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
Question: 1. lawsuits regarding federal law (federal statute or provision
in the US constitution)
2. cases between people from different states worth at least $75000
Answer: 2 types of lawsuits that federal courts have subject matter
jurisdiction in
Question: standard fire case
Answer: - 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
Pretest - Stuvia US
, 4
- 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
Question: personal jurisdiction
Answer: 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
Question: Fraserside v. Youngtek Solutions
Answer: - 2 internet pornography businesses
- p sued D for trademark and copyright violation
- issue: does an Iowa court have personal jurisdiction over a cypress
based inc
- rule: general personal jurisdiction requires "continuous and systematic
contacts"
- analysis: youngtek has no offices, no employees, no phone numbers
etc. clicks on website by iowans don't do it
- solution: specific personal jurisdiction requires the P's injury arise form
D's activities in the state or uniquely or expressly directed toward the
state.
Pretest - Stuvia US
leb 320 final exam Questions and
Correct Answers
Question: common law
Answer: 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 _______
Question: statutory law
Answer: legal rules created by bodies or representatives
Question: criminal law
Answer: gov prosecutes a defendant for a criminal action violating
criminal law (private person can't make a criminal case)
Question: civil law
Answer: cover rights and duties among private people and companies,
looking for compensation from others
Question: Soldano V. O'daniels
Answer: 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
Pretest - Stuvia US
,2
law vs ethics- point at which an action becomes legally required not only
morally required
Question: Tarasoff v. regents
Answer: - 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
Question: system of courts
Answer: trial courts--> intermediate courts--> supreme courts (for
federal and state)
Question: trial court
Answer: - someone wins, someone loses
- lawyers file pleading, select juries, witnesses, etc.
- if unhappy w/ decision you can appeal once to an intermediate court
Question: intermediate court (appellate)
Answer: - NOT a do over, panel of judges reviews what happens to
determine if a mistake was made
Question: Supreme court
Answer: 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
Question: court of limited jurisdiction
Pretest - Stuvia US
,3
Answer: specific to subject matter
Question: general trial courts
Answer: all cases except those by limited jurisdiction courts
- all contract law, criminal law, and corporation law
Question: jurisdiction
Answer: scope of a courts power
Question: 1. subject matter jurisdiction
2. personal jurisdiction
Answer: what must a court have in order to render effective judgement in
a case?
Question: subject matter jurisdiction
Answer: 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
Question: 1. lawsuits regarding federal law (federal statute or provision
in the US constitution)
2. cases between people from different states worth at least $75000
Answer: 2 types of lawsuits that federal courts have subject matter
jurisdiction in
Question: standard fire case
Answer: - 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
Pretest - Stuvia US
, 4
- 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
Question: personal jurisdiction
Answer: 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
Question: Fraserside v. Youngtek Solutions
Answer: - 2 internet pornography businesses
- p sued D for trademark and copyright violation
- issue: does an Iowa court have personal jurisdiction over a cypress
based inc
- rule: general personal jurisdiction requires "continuous and systematic
contacts"
- analysis: youngtek has no offices, no employees, no phone numbers
etc. clicks on website by iowans don't do it
- solution: specific personal jurisdiction requires the P's injury arise form
D's activities in the state or uniquely or expressly directed toward the
state.
Pretest - Stuvia US
