LPP FINAL EXAM QUESTIONS AND ANSWERS
100% CORRECT!!
,Substantive Law - ANSWER Laws that provide rules to disputes. Related to the *facts*
of the case.
What is procedural law? - ANSWER Laws that define how cases are handled in courts.
What does procedural law govern? - ANSWER The process of where and how a lawsuit
or criminal case takes place.
Preemptory Challenge - ANSWER the dismissal of a potential juror by either the
prosecution or the defense for unexplained, discretionary reasons. (Any reason)
What is a Challenge For Cause? - ANSWER A voir dire challenge for which an attorney
states the reason why a prospective juror should not be included on the jury.
What does a Challenge For Cause indicate about a juror? - ANSWER A juror is unfit
based on the information they provided.
Hearsay - ANSWER An out of court statement offered to prove the truth of the matter
asserted. Any statement has to be from the witness, defendant, plaintiff, etc. themself.
Hierarchy of Sources of Law - ANSWER 1. Constitution 2. Legislation 3. Judicial
Decisions 4. Administrative Rules
What is the highest level of law in the United States? - ANSWER Constitutions
What foundational principles must congress, courts, and administrations follow? -
ANSWER Constitutions
Since what year has the federal constitution remained in place? - ANSWER 1787
Do constitutions exist at both the state and federal levels? - ANSWER Yes
What is legislation? - ANSWER Legislation is the process of making laws.
Who is responsible for passing laws? - ANSWER Elected officials are responsible for
passing laws.
What are laws passed by elected officials called? - ANSWER Statutes.
, Judicial Review: Cases that established the constitution as actual law... - ANSWER 1.
Marbury v. Madison
2. McCulloch v. Maryland
What does the Commerce Clause state? - ANSWER Congress can regulate interstate
and international commerce.
Procedural Due Process - ANSWER The process the government must follow if it
deprives an individual of life, liberty and property.
In Due Process, government must provide: - ANSWER 1. Notice 2. A hearing 3. Ability
to appeal
Equal Protections - ANSWER Principle from the Fourteenth Amendment that all citizens
and groups should have the law applied to them in the same way.
Compensatory Damages - ANSWER A money award that places the nonbreaching
party in the same position as if the contract was never breached.
What are punitive damages? - ANSWER Money damages awarded to punish the
breaching party and deter others from such conduct in the future.
What must exist for punitive damages to be awarded? - ANSWER There must be
something more than a contract violation; there must be an independent wrongdoing.
Which case is associated with the concept of punitive damages? - ANSWER Lieback v.
McDonald's hot coffee case
Tort - ANSWER A wrongful act other than a breach of contract that INJURES another
person or property.
Purpose of Torts law - ANSWER To compensate the injured party
What is an intentional tort? - ANSWER An intentional tort is when a person intentionally
injures another person or property. (Punching someone / ruining their business idea /
ruining someone's reputation)
What is negligence? - ANSWER Negligence is the failure to use care and control in
actions to a level that a reasonable person would in that situation. (Car crash from being
on your phone / skiing drunk and hitting a kid)
100% CORRECT!!
,Substantive Law - ANSWER Laws that provide rules to disputes. Related to the *facts*
of the case.
What is procedural law? - ANSWER Laws that define how cases are handled in courts.
What does procedural law govern? - ANSWER The process of where and how a lawsuit
or criminal case takes place.
Preemptory Challenge - ANSWER the dismissal of a potential juror by either the
prosecution or the defense for unexplained, discretionary reasons. (Any reason)
What is a Challenge For Cause? - ANSWER A voir dire challenge for which an attorney
states the reason why a prospective juror should not be included on the jury.
What does a Challenge For Cause indicate about a juror? - ANSWER A juror is unfit
based on the information they provided.
Hearsay - ANSWER An out of court statement offered to prove the truth of the matter
asserted. Any statement has to be from the witness, defendant, plaintiff, etc. themself.
Hierarchy of Sources of Law - ANSWER 1. Constitution 2. Legislation 3. Judicial
Decisions 4. Administrative Rules
What is the highest level of law in the United States? - ANSWER Constitutions
What foundational principles must congress, courts, and administrations follow? -
ANSWER Constitutions
Since what year has the federal constitution remained in place? - ANSWER 1787
Do constitutions exist at both the state and federal levels? - ANSWER Yes
What is legislation? - ANSWER Legislation is the process of making laws.
Who is responsible for passing laws? - ANSWER Elected officials are responsible for
passing laws.
What are laws passed by elected officials called? - ANSWER Statutes.
, Judicial Review: Cases that established the constitution as actual law... - ANSWER 1.
Marbury v. Madison
2. McCulloch v. Maryland
What does the Commerce Clause state? - ANSWER Congress can regulate interstate
and international commerce.
Procedural Due Process - ANSWER The process the government must follow if it
deprives an individual of life, liberty and property.
In Due Process, government must provide: - ANSWER 1. Notice 2. A hearing 3. Ability
to appeal
Equal Protections - ANSWER Principle from the Fourteenth Amendment that all citizens
and groups should have the law applied to them in the same way.
Compensatory Damages - ANSWER A money award that places the nonbreaching
party in the same position as if the contract was never breached.
What are punitive damages? - ANSWER Money damages awarded to punish the
breaching party and deter others from such conduct in the future.
What must exist for punitive damages to be awarded? - ANSWER There must be
something more than a contract violation; there must be an independent wrongdoing.
Which case is associated with the concept of punitive damages? - ANSWER Lieback v.
McDonald's hot coffee case
Tort - ANSWER A wrongful act other than a breach of contract that INJURES another
person or property.
Purpose of Torts law - ANSWER To compensate the injured party
What is an intentional tort? - ANSWER An intentional tort is when a person intentionally
injures another person or property. (Punching someone / ruining their business idea /
ruining someone's reputation)
What is negligence? - ANSWER Negligence is the failure to use care and control in
actions to a level that a reasonable person would in that situation. (Car crash from being
on your phone / skiing drunk and hitting a kid)
