LEB 320f online final exam questions and answers
common law - Answer -all the rules and principles that result from judicial decisions
statutory law - Answer -legal rules that have been formally adopted by Congress or legislative bodies rather than by the courts
federal law - Answer -laws created by the national government
state law - Answer -laws created at the state level (bulk of our law)
plaintiff - Answer -acccuser who starts the lawsuit, on the offense and seeking damages
defendant - Answer -accused of wrongdoing, on the defense seeking to escape responsibility for the misdeeds of which plaintiff accuses them
civil law - Answer -laws that spell out the rights and duties existing among individuals, business firms, and even government agencies
criminal law - Answer -statutes in which a state or federal government prohibits specified kinds of conduct and provide the punishment for violators
plaintiff must prove her case in civil law by a _________________ _______ ________ _______________. - Answer -preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________ ________. - Answer -beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil. - Answer -T
law - Answer -rules that must be followed and violators face specific negative consequences
ethics - Answer -standards that should be followed in a moral sense, but have no specific penalty What are the very low level state courts called? - Answer -courts of limited jurisdiction
What are the low level state courts called? - Answer -general trial courts
What are the high level state courts called? - Answer -appellate courts
appellate courts - Answer -hear appeals from judgments entered by the lower courts
T/F: Appellate courts decide legal questions, they do not hear testimony of witnesses or entertain new evidence. - Answer -T
Most federal cases originate in which courts? - Answer -U.S. District Courts
What federal courts are above the U.S. District Courts? - Answer -U.S. Courts of Appeal
Parties who seek review of their case after trial at a U.S. Court of Appeal must petition the Supreme Court for a ___________ _____ _____________. - Answer -writ of certiorari
What is the structure of a court case title in state courts? - Answer -plaintiff v. defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme Court? - Answer -Appellant v. Other
Summary Judgement - Answer -terminates a case before it ever goes to trial, a judge grants this if the evidence is so clear that a trial would be a waste of time
If an appeal court remands a decision - Answer -it will be returned to the trial court with instructions
if an appeal court affirms a decision - Answer -the lower courts ruling stands
judge decides the __ jury judges the ___ - Answer -law, facts
What court case emphasizes the relationship between law and ethics? - Answer -
Podias v. Mairs
In Podias v. Mairs, why were Swanson and Newell no longer granted summary judgment claiming they were not under legal duty to act? - Answer -"reasonable jury could find defendants breached a duty which proximately caused the victim's death" by not moving him to the side of the road, by not calling 911, and because Swanson and Newell had a relationship to the plaintiff.
What was the ruling of Podias v. Mairs? - Answer -Reversed and remanded
What is the first part of the pleadings stage? - Answer -Plaintiff's complaint motion to dismiss - Answer -occurs once the plaintiff has reviewed the plaintiff's complaint and believes the plaintiff does not have a winning claim even if all the allegations in the complaint are true
T/F: The plaintiff does not have the opportunity to amend his/her complaint if the defendant is granted a motion to dismiss. - Answer -F
If the defendant's motion to dismiss is not granted, he/she will then provide the __________. - Answer -answer
What three things can the defendant's answer include? - Answer -denial, defense, counterclaim
A ___________ defeats the plaintiff's claim even if the plaintiff is able to prove all the facts established in her claim. - Answer -defense
counterclaim - Answer -facts in the defendant's answer that (if proved) establishes a legally-recognized claim against the plaintiff
If the defendant does not respond within 20 days of receiving the plaintiff's complaint, the court may grant a ___________ _______________. - Answer -default judgment
What stage comes after the pleadings stage? - Answer -discovery stage
What are the three most common discovery tools? - Answer -depositions, interrogatories, request for production of documents
depositions - Answer -testimonies of witnesses taken outside of court
interrogatories - Answer -written questions submitted by one party to the other
request for production of documents - Answer -permits a party to gain access to the documents and other tangible items in the other party's possession which relates to the lawsuit
T/F: At the end of the discovery stage, either party may file a motion for summary judgment as to one or more of the issues in the lawsuit. - Answer -T
jurisdiction - Answer -the legal power of a governmental body to hear and decide a case
and render a judgment that is legally binding on the parties
For a case to proceed, a court must have the authority in the form of _____________ _____________ ________________ and _____________ ________________. - Answer -subject matter jurisdiction, personal jurisdiction
common law - Answer -all the rules and principles that result from judicial decisions
statutory law - Answer -legal rules that have been formally adopted by Congress or legislative bodies rather than by the courts
federal law - Answer -laws created by the national government
state law - Answer -laws created at the state level (bulk of our law)
plaintiff - Answer -acccuser who starts the lawsuit, on the offense and seeking damages
defendant - Answer -accused of wrongdoing, on the defense seeking to escape responsibility for the misdeeds of which plaintiff accuses them
civil law - Answer -laws that spell out the rights and duties existing among individuals, business firms, and even government agencies
criminal law - Answer -statutes in which a state or federal government prohibits specified kinds of conduct and provide the punishment for violators
plaintiff must prove her case in civil law by a _________________ _______ ________ _______________. - Answer -preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________ ________. - Answer -beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil. - Answer -T
law - Answer -rules that must be followed and violators face specific negative consequences
ethics - Answer -standards that should be followed in a moral sense, but have no specific penalty What are the very low level state courts called? - Answer -courts of limited jurisdiction
What are the low level state courts called? - Answer -general trial courts
What are the high level state courts called? - Answer -appellate courts
appellate courts - Answer -hear appeals from judgments entered by the lower courts
T/F: Appellate courts decide legal questions, they do not hear testimony of witnesses or entertain new evidence. - Answer -T
Most federal cases originate in which courts? - Answer -U.S. District Courts
What federal courts are above the U.S. District Courts? - Answer -U.S. Courts of Appeal
Parties who seek review of their case after trial at a U.S. Court of Appeal must petition the Supreme Court for a ___________ _____ _____________. - Answer -writ of certiorari
What is the structure of a court case title in state courts? - Answer -plaintiff v. defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme Court? - Answer -Appellant v. Other
Summary Judgement - Answer -terminates a case before it ever goes to trial, a judge grants this if the evidence is so clear that a trial would be a waste of time
If an appeal court remands a decision - Answer -it will be returned to the trial court with instructions
if an appeal court affirms a decision - Answer -the lower courts ruling stands
judge decides the __ jury judges the ___ - Answer -law, facts
What court case emphasizes the relationship between law and ethics? - Answer -
Podias v. Mairs
In Podias v. Mairs, why were Swanson and Newell no longer granted summary judgment claiming they were not under legal duty to act? - Answer -"reasonable jury could find defendants breached a duty which proximately caused the victim's death" by not moving him to the side of the road, by not calling 911, and because Swanson and Newell had a relationship to the plaintiff.
What was the ruling of Podias v. Mairs? - Answer -Reversed and remanded
What is the first part of the pleadings stage? - Answer -Plaintiff's complaint motion to dismiss - Answer -occurs once the plaintiff has reviewed the plaintiff's complaint and believes the plaintiff does not have a winning claim even if all the allegations in the complaint are true
T/F: The plaintiff does not have the opportunity to amend his/her complaint if the defendant is granted a motion to dismiss. - Answer -F
If the defendant's motion to dismiss is not granted, he/she will then provide the __________. - Answer -answer
What three things can the defendant's answer include? - Answer -denial, defense, counterclaim
A ___________ defeats the plaintiff's claim even if the plaintiff is able to prove all the facts established in her claim. - Answer -defense
counterclaim - Answer -facts in the defendant's answer that (if proved) establishes a legally-recognized claim against the plaintiff
If the defendant does not respond within 20 days of receiving the plaintiff's complaint, the court may grant a ___________ _______________. - Answer -default judgment
What stage comes after the pleadings stage? - Answer -discovery stage
What are the three most common discovery tools? - Answer -depositions, interrogatories, request for production of documents
depositions - Answer -testimonies of witnesses taken outside of court
interrogatories - Answer -written questions submitted by one party to the other
request for production of documents - Answer -permits a party to gain access to the documents and other tangible items in the other party's possession which relates to the lawsuit
T/F: At the end of the discovery stage, either party may file a motion for summary judgment as to one or more of the issues in the lawsuit. - Answer -T
jurisdiction - Answer -the legal power of a governmental body to hear and decide a case
and render a judgment that is legally binding on the parties
For a case to proceed, a court must have the authority in the form of _____________ _____________ ________________ and _____________ ________________. - Answer -subject matter jurisdiction, personal jurisdiction
