LEB 320F Final Review Exam Questions and Answers
Difference between *statutes* and *common laws* - Answer -*Statutes* are written laws
passed by legislation to cover scenarios.
*Common laws* are laws based off of judgements made in the past.
What are *damages*? - Answer -*Damages* are the amount of money awarded to a plaintiff in a *private civil lawsuit*.
Difference between *lawsuit reversal* and *lawsuit remand* - Answer -*Lawsuit Reversal* means a lawsuit is overturned because a lower court made mistakes.
*Lawsuit Remand* means a lawsuit is sent back to a lower court to do part or all of the case again.
What is a *default Judgement*? - Answer -*Default Judgements* happen when a defendant does not answer a court on time when a complaint is served against them. The plaintiff wins the case without a formal trial.
What kind of cases go to federal court? - Answer -Most cases go to state courts. A small amount of cases go to federal court.
1. Cases that involve federal laws or question them
2. Cases that involve people from different states, or money that sums up to $75,000 or more
What is the *discovery Process*? - Answer -The *discovery process* is the stretch between paperwork and the trial in which both sides compile information and evidence to support their sides of the trial. The *discovery process* uses tools such as information from interrogations, documents that is requested with subpoenas.
Difference between *challenge for cause* and *preemptory challenge* - Answer -Both are used by lawyers to send jurors away and block them. *Challenge for cause* is a request that juror be dismissed due to bias
*Preemptory challenge* is a request that juror be dismissed for no reason
Winning appeals are usually due to (A) not (B) - Answer -A. Legal Errors
B. Factual Errors
Differences between *arbitration* and *mediation* - Answer -In *arbitration*, the arbitrator acts like a court authority. Parties must follow arbitrator. An example is Judge Judy
In *mediation*, the mediator does not have legal authority to settle case, and instead helps both sides reach agreement and compromise
Differences between *intermediate scrutiny* and *strict scrutiny* - Answer -*intermediate
scrutiny* has a higher chance of passing than *strict scrutiny* with a 50/50 chance
*strict scrutiny* is difficult to pass and usually only does so when the law challenged is unconstitutional
Obligations for guests on property - Answer -With *social guests*, owner of property has
legal obligation to warn them of dangers that the owner is aware of such as open circuit behind couch
With *business associates*, owner of property has legal obligation to warn them of dangers that owner is aware AND unaware of (e.g. hard hat for possibility of falling rocks)
Difference between *comparative negligence* and *pure comparative negligence* - Answer -*Comparative negligence* means if more than half at fault, no plaintiff reward or escape. If less than half, there is compensation, but reward is diminished
*Pure comparative negligence* means plaintiff recovers even if over half at fault, but is scaled based on percentage of fault
Difference between *civil lawsuit* and *criminal lawsuit* - Answer -*Civil lawsuits* are private lawsuits regarding people, money loss, rep loss, and compensation
*Criminal lawsuits* are govt lawsuits regarding law infringements committed by presumed wrongdoers
Situations can create both lawsuits
Difference between *statutes* and *common laws* - Answer -*Statutes* are written laws
passed by legislation to cover scenarios.
*Common laws* are laws based off of judgements made in the past.
What are *damages*? - Answer -*Damages* are the amount of money awarded to a plaintiff in a *private civil lawsuit*.
Difference between *lawsuit reversal* and *lawsuit remand* - Answer -*Lawsuit Reversal* means a lawsuit is overturned because a lower court made mistakes.
*Lawsuit Remand* means a lawsuit is sent back to a lower court to do part or all of the case again.
What is a *default Judgement*? - Answer -*Default Judgements* happen when a defendant does not answer a court on time when a complaint is served against them. The plaintiff wins the case without a formal trial.
What kind of cases go to federal court? - Answer -Most cases go to state courts. A small amount of cases go to federal court.
1. Cases that involve federal laws or question them
2. Cases that involve people from different states, or money that sums up to $75,000 or more
What is the *discovery Process*? - Answer -The *discovery process* is the stretch between paperwork and the trial in which both sides compile information and evidence to support their sides of the trial. The *discovery process* uses tools such as information from interrogations, documents that is requested with subpoenas.
Difference between *challenge for cause* and *preemptory challenge* - Answer -Both are used by lawyers to send jurors away and block them. *Challenge for cause* is a request that juror be dismissed due to bias
*Preemptory challenge* is a request that juror be dismissed for no reason
Winning appeals are usually due to (A) not (B) - Answer -A. Legal Errors
B. Factual Errors
Differences between *arbitration* and *mediation* - Answer -In *arbitration*, the arbitrator acts like a court authority. Parties must follow arbitrator. An example is Judge Judy
In *mediation*, the mediator does not have legal authority to settle case, and instead helps both sides reach agreement and compromise
Differences between *intermediate scrutiny* and *strict scrutiny* - Answer -*intermediate
scrutiny* has a higher chance of passing than *strict scrutiny* with a 50/50 chance
*strict scrutiny* is difficult to pass and usually only does so when the law challenged is unconstitutional
Obligations for guests on property - Answer -With *social guests*, owner of property has
legal obligation to warn them of dangers that the owner is aware of such as open circuit behind couch
With *business associates*, owner of property has legal obligation to warn them of dangers that owner is aware AND unaware of (e.g. hard hat for possibility of falling rocks)
Difference between *comparative negligence* and *pure comparative negligence* - Answer -*Comparative negligence* means if more than half at fault, no plaintiff reward or escape. If less than half, there is compensation, but reward is diminished
*Pure comparative negligence* means plaintiff recovers even if over half at fault, but is scaled based on percentage of fault
Difference between *civil lawsuit* and *criminal lawsuit* - Answer -*Civil lawsuits* are private lawsuits regarding people, money loss, rep loss, and compensation
*Criminal lawsuits* are govt lawsuits regarding law infringements committed by presumed wrongdoers
Situations can create both lawsuits
