GBL 323- MSU Exam 1 Questions and
Answers Graded A+
Burden of Proof - Answer Civil: Plaintiff must establish their claims of the situation and prove
what happened to them.
Criminal: Beyond a reasonable doubt needs to be proven by the prosecution (prove the criminal
did it)
Burden of Persuasion - Answer the person that must bear the responsibility of persuading
the facts a party must plead and prove in order to prevail on a particular issue; and how
persuasively the party must prove those facts.
Jurisdiction - Answer The authority or power over a certain region/area.
It is what gives States the power to decide certain laws.
Separation of Powers - Answer division of powers among branches of gov't. Certain places
have certain control over certain things.
Civil law - Answer Something that is not a criminal act. Bankruptcy, tort, divorce, etc.
Criminal Law - Answer Where we make certain behavior illegal and place them in jail or
execute them based off of their offense. Laws made by a 'code'.
Common Law - Answer A judicial opinion (judges verdict on a certain case) and then it is
applied to the certain jurisdiction where the judge made the law.
Precedent - Answer earlier laws or rulings that provide some example or rule to guide them
on a case with similar circumstances
Equitable Powers of Courts - Answer The authority of the court to make an individual commit
an action. (we force you to take down this barn, pay child support, etc.)
Federal Supremecy - Answer occurs when there is a conflict between State and Federal
measures so the federal court has the final ruling
Functions/Objectives of Law - Answer establishing standards, maintaining order, resolving
disputes, and protecting liberties and rights
, Appellate Jurisdiction - Answer a court's authority to hear an appeal of a decision by another
court
Federal Jurisidiction (Art. 1, sect. 8) - Answer ability to have taxes, an army, create money and
only them, to declare war, regulate commerce, etc.
Commerce Clause - Answer Clause stating that Congress can regulate interstate and
international commerce.
Felony - Answer A crime that is above a maximum charge of one year in jail.
Misdemeanor - Answer A crime that is below a maximum charge of one year in jail.
Role of Jury - Answer to determine facts within criminal prosecutions
Police Powers - Answer All of the authority that all the states reserved to themselves and did
not give to the federal government.
Statute of Limitations - Answer The given time frame for one to bring a charge to someone
through the court. Different for each issue/case.
Contract Elements - Answer 4 total, Agreement (offer and acceptance), consideration,
competent parties, and legal purpose. These must be present for a contract to be considered an
official contract within the law.
Freedom of contract (voluntary act) - Answer when entering a contract with another group or
person, the whole transaction must be completely voluntary without any persuasion at all.
Voidable Contract - Answer When a minor enters into a contract with an adult, only the
minor can get out of the contract.
Breach of Contract - Answer when one or more parties do no live up to the agreed upon
tasks within the contract. The non-breaching party can then chose one or more remedies
Non-Performance/Delayed Performance - Answer a breach in contract by not getting the
agreed upon performance. A builder not building a house you paid him for.
Unreasonable/Defective Performance - Answer a breach in contract by not getting the
assumed performance. A singer only singing for 5 minutes at his concert that cost $150.
Answers Graded A+
Burden of Proof - Answer Civil: Plaintiff must establish their claims of the situation and prove
what happened to them.
Criminal: Beyond a reasonable doubt needs to be proven by the prosecution (prove the criminal
did it)
Burden of Persuasion - Answer the person that must bear the responsibility of persuading
the facts a party must plead and prove in order to prevail on a particular issue; and how
persuasively the party must prove those facts.
Jurisdiction - Answer The authority or power over a certain region/area.
It is what gives States the power to decide certain laws.
Separation of Powers - Answer division of powers among branches of gov't. Certain places
have certain control over certain things.
Civil law - Answer Something that is not a criminal act. Bankruptcy, tort, divorce, etc.
Criminal Law - Answer Where we make certain behavior illegal and place them in jail or
execute them based off of their offense. Laws made by a 'code'.
Common Law - Answer A judicial opinion (judges verdict on a certain case) and then it is
applied to the certain jurisdiction where the judge made the law.
Precedent - Answer earlier laws or rulings that provide some example or rule to guide them
on a case with similar circumstances
Equitable Powers of Courts - Answer The authority of the court to make an individual commit
an action. (we force you to take down this barn, pay child support, etc.)
Federal Supremecy - Answer occurs when there is a conflict between State and Federal
measures so the federal court has the final ruling
Functions/Objectives of Law - Answer establishing standards, maintaining order, resolving
disputes, and protecting liberties and rights
, Appellate Jurisdiction - Answer a court's authority to hear an appeal of a decision by another
court
Federal Jurisidiction (Art. 1, sect. 8) - Answer ability to have taxes, an army, create money and
only them, to declare war, regulate commerce, etc.
Commerce Clause - Answer Clause stating that Congress can regulate interstate and
international commerce.
Felony - Answer A crime that is above a maximum charge of one year in jail.
Misdemeanor - Answer A crime that is below a maximum charge of one year in jail.
Role of Jury - Answer to determine facts within criminal prosecutions
Police Powers - Answer All of the authority that all the states reserved to themselves and did
not give to the federal government.
Statute of Limitations - Answer The given time frame for one to bring a charge to someone
through the court. Different for each issue/case.
Contract Elements - Answer 4 total, Agreement (offer and acceptance), consideration,
competent parties, and legal purpose. These must be present for a contract to be considered an
official contract within the law.
Freedom of contract (voluntary act) - Answer when entering a contract with another group or
person, the whole transaction must be completely voluntary without any persuasion at all.
Voidable Contract - Answer When a minor enters into a contract with an adult, only the
minor can get out of the contract.
Breach of Contract - Answer when one or more parties do no live up to the agreed upon
tasks within the contract. The non-breaching party can then chose one or more remedies
Non-Performance/Delayed Performance - Answer a breach in contract by not getting the
agreed upon performance. A builder not building a house you paid him for.
Unreasonable/Defective Performance - Answer a breach in contract by not getting the
assumed performance. A singer only singing for 5 minutes at his concert that cost $150.
