LEB 320F Unit 2 Exam Questions and
Answers 100% Solved | Rated A+
What are the two most common forms of Alternative Dispute Resolution? -
✔✔Arbitration and Mediation.
What is the Adversarial system of law? Where did we get it? What cases is
it applied to? - ✔✔Applied to criminal and civil cases, derived from english
law, refers to the amount of control that the parties and their attorneys have
over the procedure. Parties research the law and develop the facts, decide
which issues are going to be presented, which legal arguments are going to
be made, what evidence should be gathered and presented, and how the
evidence is to be introduced in court without input from the trial judge
What role does a trial judge play in an adversarial system? How much
control does a trial judge have over proceedings? - ✔✔Trial judge takes no
action unless a party specifically requests it - even if a party presents
evidence illegally the trial judge will not act unless the other party objects.
Trial judges may sometimes ask questions of witnesses if they believe that
an attorney's questioning is not eliciting certain important testimony. Can
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,"comment on the weight of the evidence"—make comments to the jury
about the strength of particular testimony or other evidence. If the court is
backed up trial judges will take a greater degree of control
What is the Inquisitorial System of law? - ✔✔Trial judge decides which
issues will be addressed, although the parties provide input. Judges are
usually in charge of the investigation and gathering of evidence. Rather
than a single trial there are several small trials between which investigation
occurs. Citizen juries are not used
Adversarial system vs Inquisitorial system - ✔✔The adversarial system
shifts more of the cost to the private sector, whereas the inquisitorial
system places more of the cost in the public sector
What are the stages of pretrial? - ✔✔pleading, motion to dismiss/answer,
reply, discovery
What occurs in the pleading stage? - ✔✔Plaintiff's attorney files a complaint
to the court with jurisdiction asking the court to file a summons. Ends with a
prayer (request) for a remedy based on the facts listed. If a plaintiff wants
an injunction it is listed here.
What is a Motion to dismiss? What are the next steps if it is granted? -
✔✔defendant asserts that the plaintiff has not even stated a "cause of
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, action"—that is, that even if the plaintiffs allegations are true, the law does
not recognize such a claim
The plaintiff can begin such an appeal immediately if the trial court grants
the motion to dismiss, but if the trial judge denies the motion to dismiss, the
defendant must wait until the case ends at the trial level before appealing
How detailed must a claim be to survive a motion to dismiss? - ✔✔Under
Twombly and Iqbal, all that is required for a judge to dismiss for failure to
state a claim is that a complaint would allow for a "savvy trial judge" to find
the alleged facts improbable and that the plaintiff's chance of ultimately
winning is highly unlikely.
Ashcroft v. Iqbal - premise - ✔✔Pakistani Muslim, Javaid Iqbal, claims he
was unfairly detained and subject to harsh conditions on account of his
race, religion, and/or national origin. Iqbal was of high interest in the
investigations following the September 11th attacks and was detained in
maximum security. He pleaded guilty to his charges and was removed to
Pakistan. He then filed a Bivens in the US district court against 34 current
and former federal officials and 19 "John Doe" federal corrections officers
Ashcroft v. Iqbal - outcome - ✔✔alters common law practices for motion to
dismiss
What must an answer to a claim contain? - ✔✔A denial
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved | Rated A+
What are the two most common forms of Alternative Dispute Resolution? -
✔✔Arbitration and Mediation.
What is the Adversarial system of law? Where did we get it? What cases is
it applied to? - ✔✔Applied to criminal and civil cases, derived from english
law, refers to the amount of control that the parties and their attorneys have
over the procedure. Parties research the law and develop the facts, decide
which issues are going to be presented, which legal arguments are going to
be made, what evidence should be gathered and presented, and how the
evidence is to be introduced in court without input from the trial judge
What role does a trial judge play in an adversarial system? How much
control does a trial judge have over proceedings? - ✔✔Trial judge takes no
action unless a party specifically requests it - even if a party presents
evidence illegally the trial judge will not act unless the other party objects.
Trial judges may sometimes ask questions of witnesses if they believe that
an attorney's questioning is not eliciting certain important testimony. Can
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,"comment on the weight of the evidence"—make comments to the jury
about the strength of particular testimony or other evidence. If the court is
backed up trial judges will take a greater degree of control
What is the Inquisitorial System of law? - ✔✔Trial judge decides which
issues will be addressed, although the parties provide input. Judges are
usually in charge of the investigation and gathering of evidence. Rather
than a single trial there are several small trials between which investigation
occurs. Citizen juries are not used
Adversarial system vs Inquisitorial system - ✔✔The adversarial system
shifts more of the cost to the private sector, whereas the inquisitorial
system places more of the cost in the public sector
What are the stages of pretrial? - ✔✔pleading, motion to dismiss/answer,
reply, discovery
What occurs in the pleading stage? - ✔✔Plaintiff's attorney files a complaint
to the court with jurisdiction asking the court to file a summons. Ends with a
prayer (request) for a remedy based on the facts listed. If a plaintiff wants
an injunction it is listed here.
What is a Motion to dismiss? What are the next steps if it is granted? -
✔✔defendant asserts that the plaintiff has not even stated a "cause of
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, action"—that is, that even if the plaintiffs allegations are true, the law does
not recognize such a claim
The plaintiff can begin such an appeal immediately if the trial court grants
the motion to dismiss, but if the trial judge denies the motion to dismiss, the
defendant must wait until the case ends at the trial level before appealing
How detailed must a claim be to survive a motion to dismiss? - ✔✔Under
Twombly and Iqbal, all that is required for a judge to dismiss for failure to
state a claim is that a complaint would allow for a "savvy trial judge" to find
the alleged facts improbable and that the plaintiff's chance of ultimately
winning is highly unlikely.
Ashcroft v. Iqbal - premise - ✔✔Pakistani Muslim, Javaid Iqbal, claims he
was unfairly detained and subject to harsh conditions on account of his
race, religion, and/or national origin. Iqbal was of high interest in the
investigations following the September 11th attacks and was detained in
maximum security. He pleaded guilty to his charges and was removed to
Pakistan. He then filed a Bivens in the US district court against 34 current
and former federal officials and 19 "John Doe" federal corrections officers
Ashcroft v. Iqbal - outcome - ✔✔alters common law practices for motion to
dismiss
What must an answer to a claim contain? - ✔✔A denial
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
