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LEB Exam 1 Questions and Correct Answers/
Latest Update / Already Graded
What is law?
Ans: -Definitions based on perspective- many definitions because law is mostly
gray, depends on each person, rules what is acceptable or unacceptable, reflect
what society wants, set of rules/ideals to govern society, every society has different
rules
Why do we need law?
Ans: Maintain order, if there were no law it would be chaos, tells us what we can
and can't do, your rights, allow awareness of rules when written down, understand
rules, rules reflect what society demands, keeps us in order
What is the general purpose of law?
Ans: To keep society in order, maintain a structure we can live in
What are the two sources of law?
Ans: Primary and Secondary Sources
Primary Sources
Ans: binding-must follow all, written down, most important because they are the
actual law, ex-statutes, constitutions, cases, regulation, case opinion
Secondary Sources
Ans: not binding, explains the law, ex-law journals/textbooks, sit in office and
write about law is an opinion, first place people look to get law, normally primary
sources are poorly written and secondary sources help people to better understand
Should law be a part of a business strategy?
, 2 | Page
Ans: Yes, needs to look at laws that regulate it, think about laws every day,
businesses are heavily regulated, especially oil and energy, must factor law into
business strategy
Is it ok for you to use the law to your advantage?
Ans: - absolutely okay, get deductions for tax returns, "legal loopholes"
Is it okay for a corporation to use the law to their advantage? Why or Why not?
And is it an ethical issue?
Ans: -depends on ethics, hold corporations to a higher standard, only allowed at
certain times, raises ethical questions-should they not can they, law is grey so you
need ethics
-depends on ethics, only allowed at certain times
-Yes, it's all about ethical questions-should they not can they
A Good Legal System 4 Requirements
Ans: 1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness
Certainty
Ans: -allows consistency, we like to predict things, don't want uncertainty, want to
know changes and predict if win or lose
-Pros- predictability and stability
-Cons- not up to date with society, if you can't change that's bad, want to be able
to change
Flexibility
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Ans: -we can change law as society changes, procedure for flexibility, gray area
born here
-Cons- too much gray area, don't want all laws to be flexible, need some certainty,
too much flexibility leads to instability, flexibility and certainty should be in balance
Knowability
Ans: -accessible to public and experts, available, every law that governs you can
look it up, no secret laws, lawyers exist because we need experts to interpret laws
-Cons- how do we measure it?-don't know, told no secret laws, hoping there isn't
any
Reasonableness
Ans: -society thinks it's a reasonable rule to follow, allusive-everyday person, the
average person, most important of the four-if society doesn't deem reasonable then
don't need the other three because won't follow, if don't think taxes are reasonable
they won't follow it
-Cons- hard to define, depends on person, IDK, circumstantial, serves as moral
minimum, can have negative impact because you want people to have a higher
standard
The 5 Classifications of Law
Ans: 1. Subject Matter
2. Case Law v. Statutory Law
3. Civil v. Criminal Law
4. Public v. Private Law
5. Federal v. State
Subject Matter
Ans: areas of law, textbook, statues, efficient, good for legal experts, law
school=generalize, reality is that you are an expert in one or two subject matters
Case Law v. Statutory Law
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Ans: -Case Law- out of court room, aka common law, court=judge, facts, rules
come out of it, specific and narrow
-Statutory Law- out of state legislatures and Congress, written broadly, try to
anticipate or fix, can't be specific because it needs to cover as many situations as it
can, interpret statutory in court=get specific and narrow it down
Civil v. Criminal Law-most different
Ans: -Criminal- wrongs to society, plaintiff is the state because it gives out
punishments, small jail, punishment
-Civil- everything else, two individuals fight in court-didn't wrong society, sue-get
money or equitable, remedy
Tort System
Ans: to make people whole again, can land in court twice, civil and criminal, a
civil=tort equivalent of crime, broke a criminal and civil law
When Crimes and Tort parallel
Ans: -crimes and tort parallel=murder, sue in civil for wrongful death (tort),
assault and batter is the crime and the equivalent tort is assault and battery, civil is
suing someone for the tort
Difference in the Burden of Proof in Criminal and Civil
Ans: -plaintiff has burden of proof in both criminal and civil, they have to prove
the case
-BoP in Criminal is-95%-98%, beyond a reasonable doubt
-BoP in Civil, around 51%
-Plaintiff-would want civil, easier chance of winning, don't need 100%
-Prosecutors pick case to win, need enough evidence to get conviction in criminal,
know will win
Public v. Private Law
LEB Exam 1 Questions and Correct Answers/
Latest Update / Already Graded
What is law?
Ans: -Definitions based on perspective- many definitions because law is mostly
gray, depends on each person, rules what is acceptable or unacceptable, reflect
what society wants, set of rules/ideals to govern society, every society has different
rules
Why do we need law?
Ans: Maintain order, if there were no law it would be chaos, tells us what we can
and can't do, your rights, allow awareness of rules when written down, understand
rules, rules reflect what society demands, keeps us in order
What is the general purpose of law?
Ans: To keep society in order, maintain a structure we can live in
What are the two sources of law?
Ans: Primary and Secondary Sources
Primary Sources
Ans: binding-must follow all, written down, most important because they are the
actual law, ex-statutes, constitutions, cases, regulation, case opinion
Secondary Sources
Ans: not binding, explains the law, ex-law journals/textbooks, sit in office and
write about law is an opinion, first place people look to get law, normally primary
sources are poorly written and secondary sources help people to better understand
Should law be a part of a business strategy?
, 2 | Page
Ans: Yes, needs to look at laws that regulate it, think about laws every day,
businesses are heavily regulated, especially oil and energy, must factor law into
business strategy
Is it ok for you to use the law to your advantage?
Ans: - absolutely okay, get deductions for tax returns, "legal loopholes"
Is it okay for a corporation to use the law to their advantage? Why or Why not?
And is it an ethical issue?
Ans: -depends on ethics, hold corporations to a higher standard, only allowed at
certain times, raises ethical questions-should they not can they, law is grey so you
need ethics
-depends on ethics, only allowed at certain times
-Yes, it's all about ethical questions-should they not can they
A Good Legal System 4 Requirements
Ans: 1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness
Certainty
Ans: -allows consistency, we like to predict things, don't want uncertainty, want to
know changes and predict if win or lose
-Pros- predictability and stability
-Cons- not up to date with society, if you can't change that's bad, want to be able
to change
Flexibility
, 3 | Page
Ans: -we can change law as society changes, procedure for flexibility, gray area
born here
-Cons- too much gray area, don't want all laws to be flexible, need some certainty,
too much flexibility leads to instability, flexibility and certainty should be in balance
Knowability
Ans: -accessible to public and experts, available, every law that governs you can
look it up, no secret laws, lawyers exist because we need experts to interpret laws
-Cons- how do we measure it?-don't know, told no secret laws, hoping there isn't
any
Reasonableness
Ans: -society thinks it's a reasonable rule to follow, allusive-everyday person, the
average person, most important of the four-if society doesn't deem reasonable then
don't need the other three because won't follow, if don't think taxes are reasonable
they won't follow it
-Cons- hard to define, depends on person, IDK, circumstantial, serves as moral
minimum, can have negative impact because you want people to have a higher
standard
The 5 Classifications of Law
Ans: 1. Subject Matter
2. Case Law v. Statutory Law
3. Civil v. Criminal Law
4. Public v. Private Law
5. Federal v. State
Subject Matter
Ans: areas of law, textbook, statues, efficient, good for legal experts, law
school=generalize, reality is that you are an expert in one or two subject matters
Case Law v. Statutory Law
, 4 | Page
Ans: -Case Law- out of court room, aka common law, court=judge, facts, rules
come out of it, specific and narrow
-Statutory Law- out of state legislatures and Congress, written broadly, try to
anticipate or fix, can't be specific because it needs to cover as many situations as it
can, interpret statutory in court=get specific and narrow it down
Civil v. Criminal Law-most different
Ans: -Criminal- wrongs to society, plaintiff is the state because it gives out
punishments, small jail, punishment
-Civil- everything else, two individuals fight in court-didn't wrong society, sue-get
money or equitable, remedy
Tort System
Ans: to make people whole again, can land in court twice, civil and criminal, a
civil=tort equivalent of crime, broke a criminal and civil law
When Crimes and Tort parallel
Ans: -crimes and tort parallel=murder, sue in civil for wrongful death (tort),
assault and batter is the crime and the equivalent tort is assault and battery, civil is
suing someone for the tort
Difference in the Burden of Proof in Criminal and Civil
Ans: -plaintiff has burden of proof in both criminal and civil, they have to prove
the case
-BoP in Criminal is-95%-98%, beyond a reasonable doubt
-BoP in Civil, around 51%
-Plaintiff-would want civil, easier chance of winning, don't need 100%
-Prosecutors pick case to win, need enough evidence to get conviction in criminal,
know will win
Public v. Private Law
