LEB 320 Quizzes Solved 100% Correct |
Verified
what happens if motion to dismiss is granted? - ✔✔Plaintiff will be given an opportunity to
amend the complaint- if problem cannot be corrected by amengment, court will dismiss
plaintiffs case
answer - ✔✔complaint and answer make up intial pleadings of the case
denial places ... - ✔✔places burden of proof on plaintiff to prove factual assertions they
made
Who has the burden of proof overall? - ✔✔Plaintiff
Counterclaim - ✔✔defendant asserts own claim against plaintiff, asserts his own facts
Default judgement - ✔✔results when defendant does not respond to claim within 20 days- if
granted, everything in the complaint is accepted by the court as true and proven and defendant
automatically loses
Discovery Stage - ✔✔the parties attempt to collect more evidence for trial
Deposition - ✔✔testimony of a witness taken outside of court, is a discovery tool, oral
questions
Interrogatories - ✔✔written question submitted by one party to the other which must be
answered under oath
, request for production of documents - ✔✔permits a party to gain access to evidence like
business records, letters, and hospital bills in possession of the other party
What is legislative power? - ✔✔The ability to make new laws
What is executive power? - ✔✔the authority to enforce law (military, police)
What is judicial power? - ✔✔The ability to interpret laws or decide what thtey mean
Statute - ✔✔main way congress makes a new law, anything goes as long as there is no
violation of the constitution
How do laws get passed? - ✔✔The law must pass both houses of congress, then it goes to
the white house where it is signed by the president and becomes real law
How does the president check congress? - ✔✔Vetoes
How does congress check the president? - ✔✔overriding vetoes with 2/3 vote in house and
senate, and impeachment
How does the president check the supreme court? - ✔✔Through judge nominations
How does the supreme court check the president? - ✔✔Because they have life long
positions, they can ignore the president
What are the two ways that congress can check the supreme court? - ✔✔Senate has the
power to confirm judges through a majority; Congress can amend laws, can change a rule or
take it away
Verified
what happens if motion to dismiss is granted? - ✔✔Plaintiff will be given an opportunity to
amend the complaint- if problem cannot be corrected by amengment, court will dismiss
plaintiffs case
answer - ✔✔complaint and answer make up intial pleadings of the case
denial places ... - ✔✔places burden of proof on plaintiff to prove factual assertions they
made
Who has the burden of proof overall? - ✔✔Plaintiff
Counterclaim - ✔✔defendant asserts own claim against plaintiff, asserts his own facts
Default judgement - ✔✔results when defendant does not respond to claim within 20 days- if
granted, everything in the complaint is accepted by the court as true and proven and defendant
automatically loses
Discovery Stage - ✔✔the parties attempt to collect more evidence for trial
Deposition - ✔✔testimony of a witness taken outside of court, is a discovery tool, oral
questions
Interrogatories - ✔✔written question submitted by one party to the other which must be
answered under oath
, request for production of documents - ✔✔permits a party to gain access to evidence like
business records, letters, and hospital bills in possession of the other party
What is legislative power? - ✔✔The ability to make new laws
What is executive power? - ✔✔the authority to enforce law (military, police)
What is judicial power? - ✔✔The ability to interpret laws or decide what thtey mean
Statute - ✔✔main way congress makes a new law, anything goes as long as there is no
violation of the constitution
How do laws get passed? - ✔✔The law must pass both houses of congress, then it goes to
the white house where it is signed by the president and becomes real law
How does the president check congress? - ✔✔Vetoes
How does congress check the president? - ✔✔overriding vetoes with 2/3 vote in house and
senate, and impeachment
How does the president check the supreme court? - ✔✔Through judge nominations
How does the supreme court check the president? - ✔✔Because they have life long
positions, they can ignore the president
What are the two ways that congress can check the supreme court? - ✔✔Senate has the
power to confirm judges through a majority; Congress can amend laws, can change a rule or
take it away
