LEGL 2700 Final Exam - Tripp UPDATED ACTUAL Questions
and CORRECT Answers
Rule of Law Concept that laws are made are generally and equally applicable. Idea that the
law applies to everyone in the same way
Common Law Emphasizes the role of judges in determining the meaning of laws and how they
apply
Civil Law Relies more on legislation than judicial decision to determine what the law is
Public Law Regulation of society. Government represents society
Examples of public law Constitutional law, administrative law, and criminal law
Private Law Regulation of private resources
Examples of private law Property law, contract law, tort law
Trial court judge Determine how to apply the rule of law, observe, find facts
Appellate court judge Review trial court decisions and procedures to ensure that the law was applied
correctly and the proceedings were fair. Concerned with issues of law
Role of jurors Fact-finding body
Petit jury Trial jury that returns a verdict in criminal and civil situations
Attorneys Serve as representative advocates in the court system
Attorney-client privilege Forbids a lawyer from revealing confidential facts and from testifying against a
client
Yes Does attorney client privilege trickle down to employees of the attorney?
No Are juries required to have 12 people?
Subject matter jurisdiction A court can only hear and decide cases on a specific type
Diversity of citizenship Plaintiffs and defendants are citizens of different states. Each claim must be more
than $75,000. To protect against state court bias against the non-state resident
Judicial Restraint Belief that change in society should result from the political process instead of
court action
Judicial Activism Belief that courts should play a major role in correcting societal ills. Less reliant on
precedent
, Personal Jurisdiction The power of a court over the parties involved in the litigation process
Interrogatories, request for production of documents, Methods of discovery
depositions, request for an admission
Narrow down Discovery ______ the issues of the case
Request for production of documents Either party asking the other to produce specific documents
Depositions The lawyer orally asks questions of the possible witness. Recorded and a written
transcript is prepared. Best method of discovery but very costly
Burden of proof The standard the plaintiff would have to demonstrate to recover damages from
the other party
Beyond a reasonable doubt The burden of proof standard in criminal cases is ____________
Preponderance of evidence The burden of proof standard in civil cases is ______________
Written, verbal, and symbolic speech Freedom of speech covers ____________
Freedom of religion The right of individuals to practice their religion in public or private
Freedom of speech The right to express ideas, opinions, and information without government
restrictions based on content
Commercial speech Can't false advertise or take advantage of consumers. Government has the ability
to limit their speech
Freedom of the press Can't prevent someone from publishing something, but you can sue after
Eminent Domain The power of the government to take private. property for public use, with the
owner receiving just compensation
Rule of Capture The owner of an oil or gas well could claim all that is pumped from it, regardless
of whether the oil or gas migrated from adjacent property
Air Rights Owner of real property possesses the air above their property to a certain extent
Zoning Laws that divide counties into use districts designated as residential, commercial,
or industrial
Bailments Goods placed into another's possession to be returned in the future; example -
storing equipment in the warehouse, renting furniture from a rental store;
temporarily possessing the property
Bailor Owner
Bailee Possessor of the object
and CORRECT Answers
Rule of Law Concept that laws are made are generally and equally applicable. Idea that the
law applies to everyone in the same way
Common Law Emphasizes the role of judges in determining the meaning of laws and how they
apply
Civil Law Relies more on legislation than judicial decision to determine what the law is
Public Law Regulation of society. Government represents society
Examples of public law Constitutional law, administrative law, and criminal law
Private Law Regulation of private resources
Examples of private law Property law, contract law, tort law
Trial court judge Determine how to apply the rule of law, observe, find facts
Appellate court judge Review trial court decisions and procedures to ensure that the law was applied
correctly and the proceedings were fair. Concerned with issues of law
Role of jurors Fact-finding body
Petit jury Trial jury that returns a verdict in criminal and civil situations
Attorneys Serve as representative advocates in the court system
Attorney-client privilege Forbids a lawyer from revealing confidential facts and from testifying against a
client
Yes Does attorney client privilege trickle down to employees of the attorney?
No Are juries required to have 12 people?
Subject matter jurisdiction A court can only hear and decide cases on a specific type
Diversity of citizenship Plaintiffs and defendants are citizens of different states. Each claim must be more
than $75,000. To protect against state court bias against the non-state resident
Judicial Restraint Belief that change in society should result from the political process instead of
court action
Judicial Activism Belief that courts should play a major role in correcting societal ills. Less reliant on
precedent
, Personal Jurisdiction The power of a court over the parties involved in the litigation process
Interrogatories, request for production of documents, Methods of discovery
depositions, request for an admission
Narrow down Discovery ______ the issues of the case
Request for production of documents Either party asking the other to produce specific documents
Depositions The lawyer orally asks questions of the possible witness. Recorded and a written
transcript is prepared. Best method of discovery but very costly
Burden of proof The standard the plaintiff would have to demonstrate to recover damages from
the other party
Beyond a reasonable doubt The burden of proof standard in criminal cases is ____________
Preponderance of evidence The burden of proof standard in civil cases is ______________
Written, verbal, and symbolic speech Freedom of speech covers ____________
Freedom of religion The right of individuals to practice their religion in public or private
Freedom of speech The right to express ideas, opinions, and information without government
restrictions based on content
Commercial speech Can't false advertise or take advantage of consumers. Government has the ability
to limit their speech
Freedom of the press Can't prevent someone from publishing something, but you can sue after
Eminent Domain The power of the government to take private. property for public use, with the
owner receiving just compensation
Rule of Capture The owner of an oil or gas well could claim all that is pumped from it, regardless
of whether the oil or gas migrated from adjacent property
Air Rights Owner of real property possesses the air above their property to a certain extent
Zoning Laws that divide counties into use districts designated as residential, commercial,
or industrial
Bailments Goods placed into another's possession to be returned in the future; example -
storing equipment in the warehouse, renting furniture from a rental store;
temporarily possessing the property
Bailor Owner
Bailee Possessor of the object
