LEB 320F EXAM 1 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
COMPLETE STUDY GUIDE
●● What are the classifications of law?
Answer: primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
●● What is primary law?
Answer: binding
●● What is secondary law?
Answer: not binding (techically not a law because it's not binding);
comments and analyses of primary law; legal dictionaries; basically,
legal commentary
●● What is state law?
Answer: the bulk of the law that governs us; there are specific
enumerated powers in the constitution that are controlled by federal law,
but everything else is left to the state to do what they wish
,●● What questions do you ask when determining whether a law is
primary or secondary?
Answer: Is the law binding?
●● What question do you ask when determining whether a law is federal
or state?
Answer: who gives us the law?
●● What question do you ask when determining whether a law is
common or statutory?
Answer: Which branch of the federal/state government gave us this law?
●● What branch(es) of government do(es) statutory law come from?
Answer: legislative and executive
●● What is statutory law?
Answer: comes from the legislative branch and the executive branch;
written law; constitutions; any law passed by congress; treaties; city
ordinances; regulations
●● What branch(es) of government do(es) common law come from?
Answer: judicial
,●● What is common law?
Answer: comes from the judicial branch; judge-made law--unwritten
law; court-made law; most of what we do in thie class
●● What question do you ask when determining whether an offense is
criminal or civil?
Answer: Against whom is the offense committed?
●● Can the same offense lead to both a criminal and civil case?
Answer: yes
●● Is ther burden of proof for criminal offenses the same as civil
offenses?
Answer: no--because the consequences of being convicted are different
●● What is a criminal offense?
Answer: where you offend the state; the district attorney brings an action
against the offender; prosecuted by the government; misdemeanors and
felonies; burden of proof--beyond a reasonable doubt
●● What are the two types of criminal offenses?
Answer: misdemeanors and felonies
, ●● What is a misdemeanor?
Answer: offenses punishable by less than a year in jail
●● What is a felony?
Answer: offenses punishable by a year+ in prison
●● What is the burden of proof for a criminal offense?
Answer: beyond a reasonable doubt
●● What is a civil offense?
Answer: where you offend people; lawsuit (civil actions); torts; breaches
of contract; burden of proof--by a preponderance of the evidence (more
likely than not)
●● What are the two types of civil offenses?
Answer: torts and breaches of contract
●● What is the burden of proof for a civil offense?
Answer: by a preponderance of the evidence (more likely than not)
●● The court system is a ___ tiered system.
Answer: 3
QUESTIONS AND CORRECT ANSWERS
COMPLETE STUDY GUIDE
●● What are the classifications of law?
Answer: primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
●● What is primary law?
Answer: binding
●● What is secondary law?
Answer: not binding (techically not a law because it's not binding);
comments and analyses of primary law; legal dictionaries; basically,
legal commentary
●● What is state law?
Answer: the bulk of the law that governs us; there are specific
enumerated powers in the constitution that are controlled by federal law,
but everything else is left to the state to do what they wish
,●● What questions do you ask when determining whether a law is
primary or secondary?
Answer: Is the law binding?
●● What question do you ask when determining whether a law is federal
or state?
Answer: who gives us the law?
●● What question do you ask when determining whether a law is
common or statutory?
Answer: Which branch of the federal/state government gave us this law?
●● What branch(es) of government do(es) statutory law come from?
Answer: legislative and executive
●● What is statutory law?
Answer: comes from the legislative branch and the executive branch;
written law; constitutions; any law passed by congress; treaties; city
ordinances; regulations
●● What branch(es) of government do(es) common law come from?
Answer: judicial
,●● What is common law?
Answer: comes from the judicial branch; judge-made law--unwritten
law; court-made law; most of what we do in thie class
●● What question do you ask when determining whether an offense is
criminal or civil?
Answer: Against whom is the offense committed?
●● Can the same offense lead to both a criminal and civil case?
Answer: yes
●● Is ther burden of proof for criminal offenses the same as civil
offenses?
Answer: no--because the consequences of being convicted are different
●● What is a criminal offense?
Answer: where you offend the state; the district attorney brings an action
against the offender; prosecuted by the government; misdemeanors and
felonies; burden of proof--beyond a reasonable doubt
●● What are the two types of criminal offenses?
Answer: misdemeanors and felonies
, ●● What is a misdemeanor?
Answer: offenses punishable by less than a year in jail
●● What is a felony?
Answer: offenses punishable by a year+ in prison
●● What is the burden of proof for a criminal offense?
Answer: beyond a reasonable doubt
●● What is a civil offense?
Answer: where you offend people; lawsuit (civil actions); torts; breaches
of contract; burden of proof--by a preponderance of the evidence (more
likely than not)
●● What are the two types of civil offenses?
Answer: torts and breaches of contract
●● What is the burden of proof for a civil offense?
Answer: by a preponderance of the evidence (more likely than not)
●● The court system is a ___ tiered system.
Answer: 3
