LEB320 Final Practice Questions and
Answers 100% Correct
Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a
stop sign and hitting his car and seeks damages to compensate him for his losses.
Paul's case will be a ___________ lawsuit. In the case, Paul's burden of proof will
be to prove his case ____________________.
A. civil; by preponderance of the evidence
B. civil; beyond a reasonable doubt
C. criminal; by preponderance of the evidence
D. criminal; beyond a reasonable doubt - CORRECT ANSWER-A. civil; by
preponderance of the evidence
Ron loses his discrimination claim in federal district court. If he wishes, he can
appeal his case to a ________________ court. If he loses there, he can seek to
have his case reviewed by ________________.
A. a general trial court; his state's supreme court
B. a general trial court; the U.S. Supreme Court
C. A U.S. Court of Appeals; his state's supreme court
,D. A U.S. Court of Appeals; the U.S. Supreme Court - CORRECT ANSWER-D.
A U.S. Court of Appeals; the U.S. Supreme Court
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals.
Which of the following can you say is definitely true?
A. Abner was the plaintiff in the original lawsuit brought to district court.
B. Abner is bringing the appeal to the U.S. Court of Appeals.
C. Abner was the defendant in the original lawsuit brought to district court.
D. Both A and B are definitely true.
E. None of the above are definitely true. - CORRECT ANSWER-B. Abner is
bringing the appeal to the U.S. Court of Appeals.
PODIAS V. MAIRS - CORRECT ANSWER-Swanson & Newell two passengers
with Mairs driving, all 3 had been drinking. Mairs runs over Podias, passengers are
bystanders and don't call 911. Later another car runs over Podias, killing him.
Judge grants summary judgment for Swanson and Newell saying their not liable as
bystanders, so can't be sued for negligence. Podias plaintiff appeals. The appellate
(higher) court disagreed, and Judge Parillo cited several reasons for why liability
might extend to the passengers in the car. The case was remanded, or sent back to
the lower court for further proceedings.
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,Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy
of Adam's complaint, and in her answer, she alleges that her dog bit Adam when
he was trespassing in her yard late at night, that he destroyed her fence when he
ran away from the dog, and that he should pay $500 to compensate her for the
fence repairs. Characterize the components of Brenda's answer.
A. It contains a denial
B. It contains a defense
C. It contains a counterclaim
D. A and C
E. B and C - CORRECT ANSWER-E. B and C
Sam sues AlphaCo, his former employer. In his case, he alleges that AlphaCo
illegally discriminated against him. During discovery, Sam's lawyer asks AlphaCo
for its employment records over the last 10 years. The lawyer also wants to talk to
Sam's former supervisor under oath and ask him about Sam's termination. The
demand for the employment records is a(n) _______________. The lawyer would
like to talk to the former supervisor as part of a(n) ______________.
A. interrogatory; interrogatory
B. interrogatory; deposition
C. request for production of documents; interrogatory
, D. request for production of documents; deposition - CORRECT ANSWER-D.
request for production of documents; deposition
Max sues the Houston Police Department after he is arrested during a protest. He
claims his free speech rights under the U.S. Constitution have been violated. Jack
sues MegaCorp over crop losses after MegaCorp dumps toxic chemicals into a
river that eventually runs across his farm. He sues based on the federal Clean
Water Act and also under Texas tort law. Which of these two plaintiffs could bring
their case to federal court?
A. Max
B. Jack
C. Both A and B
D. None of the above - CORRECT ANSWER-C. Both A and B
Max, a resident of Texas, sues the Houston Police Department after he is arrested
during a protest. He claims his free speech rights under the U.S. Constitution have
been violated. He seeks $50,000. Can he bring his claim to federal court?
A. Yes
B. No - CORRECT ANSWER-A. Yes
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Answers 100% Correct
Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a
stop sign and hitting his car and seeks damages to compensate him for his losses.
Paul's case will be a ___________ lawsuit. In the case, Paul's burden of proof will
be to prove his case ____________________.
A. civil; by preponderance of the evidence
B. civil; beyond a reasonable doubt
C. criminal; by preponderance of the evidence
D. criminal; beyond a reasonable doubt - CORRECT ANSWER-A. civil; by
preponderance of the evidence
Ron loses his discrimination claim in federal district court. If he wishes, he can
appeal his case to a ________________ court. If he loses there, he can seek to
have his case reviewed by ________________.
A. a general trial court; his state's supreme court
B. a general trial court; the U.S. Supreme Court
C. A U.S. Court of Appeals; his state's supreme court
,D. A U.S. Court of Appeals; the U.S. Supreme Court - CORRECT ANSWER-D.
A U.S. Court of Appeals; the U.S. Supreme Court
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals.
Which of the following can you say is definitely true?
A. Abner was the plaintiff in the original lawsuit brought to district court.
B. Abner is bringing the appeal to the U.S. Court of Appeals.
C. Abner was the defendant in the original lawsuit brought to district court.
D. Both A and B are definitely true.
E. None of the above are definitely true. - CORRECT ANSWER-B. Abner is
bringing the appeal to the U.S. Court of Appeals.
PODIAS V. MAIRS - CORRECT ANSWER-Swanson & Newell two passengers
with Mairs driving, all 3 had been drinking. Mairs runs over Podias, passengers are
bystanders and don't call 911. Later another car runs over Podias, killing him.
Judge grants summary judgment for Swanson and Newell saying their not liable as
bystanders, so can't be sued for negligence. Podias plaintiff appeals. The appellate
(higher) court disagreed, and Judge Parillo cited several reasons for why liability
might extend to the passengers in the car. The case was remanded, or sent back to
the lower court for further proceedings.
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
,Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy
of Adam's complaint, and in her answer, she alleges that her dog bit Adam when
he was trespassing in her yard late at night, that he destroyed her fence when he
ran away from the dog, and that he should pay $500 to compensate her for the
fence repairs. Characterize the components of Brenda's answer.
A. It contains a denial
B. It contains a defense
C. It contains a counterclaim
D. A and C
E. B and C - CORRECT ANSWER-E. B and C
Sam sues AlphaCo, his former employer. In his case, he alleges that AlphaCo
illegally discriminated against him. During discovery, Sam's lawyer asks AlphaCo
for its employment records over the last 10 years. The lawyer also wants to talk to
Sam's former supervisor under oath and ask him about Sam's termination. The
demand for the employment records is a(n) _______________. The lawyer would
like to talk to the former supervisor as part of a(n) ______________.
A. interrogatory; interrogatory
B. interrogatory; deposition
C. request for production of documents; interrogatory
, D. request for production of documents; deposition - CORRECT ANSWER-D.
request for production of documents; deposition
Max sues the Houston Police Department after he is arrested during a protest. He
claims his free speech rights under the U.S. Constitution have been violated. Jack
sues MegaCorp over crop losses after MegaCorp dumps toxic chemicals into a
river that eventually runs across his farm. He sues based on the federal Clean
Water Act and also under Texas tort law. Which of these two plaintiffs could bring
their case to federal court?
A. Max
B. Jack
C. Both A and B
D. None of the above - CORRECT ANSWER-C. Both A and B
Max, a resident of Texas, sues the Houston Police Department after he is arrested
during a protest. He claims his free speech rights under the U.S. Constitution have
been violated. He seeks $50,000. Can he bring his claim to federal court?
A. Yes
B. No - CORRECT ANSWER-A. Yes
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
