1 | Page
leb 320 final exam Questions and Correct
Answers/ Latest Update / Already Graded
common law
Ans: originated in court opinions (creates precedents)
- judges written down decisions in the past and use as precedent (stare decisive)- if
outdated, precedent is modified or overturned
- legal principles and ideas that have been developed by court cases
ex: selling services is typically under _______
statutory law
Ans: legal rules created by bodies or representatives
criminal law
Ans: gov prosecutes a defendant for a criminal action violating criminal law
(private person can't make a criminal case)
civil law
Ans: cover rights and duties among private people and companies, looking for
compensation from others
Soldano V. O'daniels
, 2 | Page
Ans: law vs ethics
family of deceased person sued bar across the street for not letting them use their
phone to call the police
- lower court dismissed case
- higher court disagreed
law vs ethics- point at which an action becomes legally required not only morally
required
Tarasoff v. regents
Ans: - similar to soprano v. o'daniels
- where affirmative duties are imposed in a list of special relationships
- patient told therapist he intended to kill Tarasoff
system of courts
Ans: trial courts--> intermediate courts--> supreme courts (for federal and state)
trial court
Ans: - someone wins, someone loses
- lawyers file pleading, select juries, witnesses, etc.
- if unhappy w/ decision you can appeal once to an intermediate court
intermediate court (appellate)
Ans: - NOT a do over, panel of judges reviews what happens to determine if a
mistake was made
Supreme court
, 3 | Page
Ans: some states have 2 (one for civil, one for criminal)
- must ask for a writ of certiorari to proceed and the answer is almost always no
- generally only cases granted writ of certiorari are heard
court of limited jurisdiction
Ans: specific to subject matter
general trial courts
Ans: all cases except those by limited jurisdiction courts
- all contract law, criminal law, and corporation law
jurisdiction
Ans: scope of a courts power
1. subject matter jurisdiction
2. personal jurisdiction
Ans: what must a court have in order to render effective judgement in a case?
subject matter jurisdiction
Ans: courts power to her a particular type of category of case (some courts are
created for a particular category)
- ex: if a plaintiff filed a breach of contract lawsuit in a tax court
1. lawsuits regarding federal law (federal statute or provision in the US constitution)
, 4 | Page
2. cases between people from different states worth at least $75000
Ans: 2 types of lawsuits that federal courts have subject matter jurisdiction in
standard fire case
Ans: - Knowles filed a class action case against standard fire co
- stated they harmed thousands of policy holders by failing to include a general
contractor fee
- said he wouldn't seek more than $5 mil to keep the lawsuit in state (issue if this
removed it from the CAFA's scope)--> federal district judge said it did and moved
it to Arkansas state court, after being decided to hear an appeal standard fire
brought it to the supreme court
- under CAFA (class action fairness act) stating a class will not have damages
exceeding $5 mil does not prevent the defendant from removing the case to
federal court
- plaintiff cannot limit the damages of all the other members of a class
personal jurisdiction
Ans: courts power over the parties involved in the lawsuit
- plaintiffs submit themselves to courts jurisdiction upon filing a lawsuit
- defendants court has a personal jurisdiction over a defendant if he makes an
appearance or takes a formal step to defend his lawsuit
- if defendant has continuous and systematic contacts with a jurisdiction it has
general jurisdiction over the defendant
- when a state has general jurisdiction over a party it has personal jurisdiction over
the party
Fraserside v. Youngtek Solutions
leb 320 final exam Questions and Correct
Answers/ Latest Update / Already Graded
common law
Ans: originated in court opinions (creates precedents)
- judges written down decisions in the past and use as precedent (stare decisive)- if
outdated, precedent is modified or overturned
- legal principles and ideas that have been developed by court cases
ex: selling services is typically under _______
statutory law
Ans: legal rules created by bodies or representatives
criminal law
Ans: gov prosecutes a defendant for a criminal action violating criminal law
(private person can't make a criminal case)
civil law
Ans: cover rights and duties among private people and companies, looking for
compensation from others
Soldano V. O'daniels
, 2 | Page
Ans: law vs ethics
family of deceased person sued bar across the street for not letting them use their
phone to call the police
- lower court dismissed case
- higher court disagreed
law vs ethics- point at which an action becomes legally required not only morally
required
Tarasoff v. regents
Ans: - similar to soprano v. o'daniels
- where affirmative duties are imposed in a list of special relationships
- patient told therapist he intended to kill Tarasoff
system of courts
Ans: trial courts--> intermediate courts--> supreme courts (for federal and state)
trial court
Ans: - someone wins, someone loses
- lawyers file pleading, select juries, witnesses, etc.
- if unhappy w/ decision you can appeal once to an intermediate court
intermediate court (appellate)
Ans: - NOT a do over, panel of judges reviews what happens to determine if a
mistake was made
Supreme court
, 3 | Page
Ans: some states have 2 (one for civil, one for criminal)
- must ask for a writ of certiorari to proceed and the answer is almost always no
- generally only cases granted writ of certiorari are heard
court of limited jurisdiction
Ans: specific to subject matter
general trial courts
Ans: all cases except those by limited jurisdiction courts
- all contract law, criminal law, and corporation law
jurisdiction
Ans: scope of a courts power
1. subject matter jurisdiction
2. personal jurisdiction
Ans: what must a court have in order to render effective judgement in a case?
subject matter jurisdiction
Ans: courts power to her a particular type of category of case (some courts are
created for a particular category)
- ex: if a plaintiff filed a breach of contract lawsuit in a tax court
1. lawsuits regarding federal law (federal statute or provision in the US constitution)
, 4 | Page
2. cases between people from different states worth at least $75000
Ans: 2 types of lawsuits that federal courts have subject matter jurisdiction in
standard fire case
Ans: - Knowles filed a class action case against standard fire co
- stated they harmed thousands of policy holders by failing to include a general
contractor fee
- said he wouldn't seek more than $5 mil to keep the lawsuit in state (issue if this
removed it from the CAFA's scope)--> federal district judge said it did and moved
it to Arkansas state court, after being decided to hear an appeal standard fire
brought it to the supreme court
- under CAFA (class action fairness act) stating a class will not have damages
exceeding $5 mil does not prevent the defendant from removing the case to
federal court
- plaintiff cannot limit the damages of all the other members of a class
personal jurisdiction
Ans: courts power over the parties involved in the lawsuit
- plaintiffs submit themselves to courts jurisdiction upon filing a lawsuit
- defendants court has a personal jurisdiction over a defendant if he makes an
appearance or takes a formal step to defend his lawsuit
- if defendant has continuous and systematic contacts with a jurisdiction it has
general jurisdiction over the defendant
- when a state has general jurisdiction over a party it has personal jurisdiction over
the party
Fraserside v. Youngtek Solutions
