1
LEB Exam 1 Questions and Correct
Answers
Question: What is law?
Answer: -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
Question: Why do we need law?
Answer: 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
Question: What is the general purpose of law?
Answer: To keep society in order, maintain a structure we can live in
Question: What are the two sources of law?
Answer: Primary and Secondary Sources
Question: Primary Sources
Answer: binding-must follow all, written down, most important because
they are the actual law, ex-statutes, constitutions, cases, regulation, case
opinion
Question: Secondary Sources
Answer: 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
Pretest - Stuvia US
,2
Question: Should law be a part of a business strategy?
Answer: 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
Question: Is it ok for you to use the law to your advantage?
Answer: - absolutely okay, get deductions for tax returns, "legal
loopholes"
Question: Is it okay for a corporation to use the law to their advantage?
Why or Why not? And is it an ethical issue?
Answer: -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
Question: A Good Legal System 4 Requirements
Answer: 1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness
Question: Certainty
Answer: -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
Question: Flexibility
Answer: -we can change law as society changes, procedure for flexibility,
gray area born here
Pretest - Stuvia US
,3
-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
Question: Knowability
Answer: -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
Question: Reasonableness
Answer: -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
Question: The 5 Classifications of Law
Answer: 1. Subject Matter
2. Case Law v. Statutory Law
3. Civil v. Criminal Law
4. Public v. Private Law
5. Federal v. State
Question: Subject Matter
Answer: 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
Question: Case Law v. Statutory Law
Answer: -Case Law- out of court room, aka common law, court=judge,
facts, rules come out of it, specific and narrow
Pretest - Stuvia US
, 4
-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
Question: Civil v. Criminal Law-most different
Answer: -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
Question: Tort System
Answer: 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
Question: When Crimes and Tort parallel
Answer: -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
Question: Difference in the Burden of Proof in Criminal and Civil
Answer: -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
Question: Public v. Private Law
Answer: -Private- private, affects an individual or business
-Public- affects entire society
Question: Federal v. State
Pretest - Stuvia US
LEB Exam 1 Questions and Correct
Answers
Question: What is law?
Answer: -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
Question: Why do we need law?
Answer: 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
Question: What is the general purpose of law?
Answer: To keep society in order, maintain a structure we can live in
Question: What are the two sources of law?
Answer: Primary and Secondary Sources
Question: Primary Sources
Answer: binding-must follow all, written down, most important because
they are the actual law, ex-statutes, constitutions, cases, regulation, case
opinion
Question: Secondary Sources
Answer: 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
Pretest - Stuvia US
,2
Question: Should law be a part of a business strategy?
Answer: 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
Question: Is it ok for you to use the law to your advantage?
Answer: - absolutely okay, get deductions for tax returns, "legal
loopholes"
Question: Is it okay for a corporation to use the law to their advantage?
Why or Why not? And is it an ethical issue?
Answer: -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
Question: A Good Legal System 4 Requirements
Answer: 1. Certainty
2. Flexibility
3. Knowability
4. Reasonableness
Question: Certainty
Answer: -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
Question: Flexibility
Answer: -we can change law as society changes, procedure for flexibility,
gray area born here
Pretest - Stuvia US
,3
-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
Question: Knowability
Answer: -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
Question: Reasonableness
Answer: -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
Question: The 5 Classifications of Law
Answer: 1. Subject Matter
2. Case Law v. Statutory Law
3. Civil v. Criminal Law
4. Public v. Private Law
5. Federal v. State
Question: Subject Matter
Answer: 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
Question: Case Law v. Statutory Law
Answer: -Case Law- out of court room, aka common law, court=judge,
facts, rules come out of it, specific and narrow
Pretest - Stuvia US
, 4
-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
Question: Civil v. Criminal Law-most different
Answer: -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
Question: Tort System
Answer: 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
Question: When Crimes and Tort parallel
Answer: -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
Question: Difference in the Burden of Proof in Criminal and Civil
Answer: -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
Question: Public v. Private Law
Answer: -Private- private, affects an individual or business
-Public- affects entire society
Question: Federal v. State
Pretest - Stuvia US
