LEB 320F Exam 1 Questions and
Answers 100% Solved | Graded A+
common law (case law, judge-made law, or unwritten law) - ✔✔- a law
established by following earlier judicial decisions (court cases).
-So, when a legal idea comes from a decision in a court case, whether the
case happened last month or 150 years ago, it is part of the common law
statutory law (written law) - ✔✔- Law passed by the U.S. Congress or state
legislatures bodies (not courts)
- exact wording is set forth in writing—although the precise meaning is still
subject to interpretation by the courts
- Criminal law and tax law
in 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress
passed the Genetic Information Nondiscrimination Act. Which of these
is/are a statute?i - ✔✔both because passed by congress
federal law - ✔✔- created by national government
- The right to free speech is federal, for example, because it is found in the
1st Amendment to the United States Constitution. When Congress passes
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,a statute like the Civil Rights Act of 1964, it is also a federal law and it
applies throughout the country.
state law - ✔✔- A bill that has been passed by the State House and Senate
and approved by the governor.
-Texas Legislature creates many statutes that do not apply in Missouri or
New York, but which do apply in Texas.
plantiff - ✔✔- the accuser
- a person who brings a case against another in a court of law.
- start lawsuits, they are complaining, and they are on offense. They are
usually seeking damages: money roughly equivalent to the loss suffered as
a result of the defendant's wrong.
defendant - ✔✔- accused of wrongdoing, and they are on defense.
- generally seek to escape responsibility for the misdeeds of which plaintiffs
accuse them.
civil law - ✔✔- civil actions—that is, actions in which the plaintiffs are
seeking to enforce private obligations or duties against the defendants.
-laws that spell out the rights and duties existing among individuals,
business firms, and sometimes even government agencies.
- (including libel and slander), breach of contract
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- liable or not liable
preponderance of the evidence - ✔✔a civil lawsuit the plaintiff must prove
her case by a preponderance of the evidence in order to win. In other
words, the judge or jury deciding the case must be at least somewhat more
convinced by the plaintiff's evidence than by the defendant's.
criminal law - ✔✔- comprised of those statutes in which a state or the
federal government prohibits specified kinds of conduct
- provide for the imposition of fines or imprisonment
- Criminal suits are always brought by the government whose law has
allegedly been violated (arrested by police)
- guilty or not guilty
beyond a responsible doubt - ✔✔- jurors must be significantly more
convinced that a defendant committed a wrong before they will find the
defendant guilty in a criminal case.
civil and criminal law - ✔✔some wrongful acts are of a dual nature,
potentially subjecting the wrongdoer to both criminal and civil penalties. For
example, if a man steals a car, the state could bring a criminal action
against him, and the owner of the car could also bring a civil action to
recover damages arising from the theft
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of
running a stop sign and hitting his car and seeks damages to compensate
him for his losses. Paul's case will be a ___________ lawsuit. In the case,
Paul's burden of proof will be to prove his case ____________________ -
✔✔civil, preponderance of the evidence
Law - ✔✔A body of enforceable rules governing relationships among
individuals and between individuals and their society.
- must be followed or face fines or freedom take away
ethics - ✔✔the principles of right and wrong that guide an individual in
making decisions
- should be followed but no specific penalty
state court of limited jurisdiction - ✔✔- Courts that have jurisdiction over
misdemeanors and conduct preliminary investigation of felony charges.
- limited authority and only hear from certain cases like traffic courts and
domestic relation courts (divorce, custody)
- because so many, these court hear the most cases that come to trial
state court of general trial courts - ✔✔- general jurisdiction
- can hear all cases except those specifically for the limited jurisdiction
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved | Graded A+
common law (case law, judge-made law, or unwritten law) - ✔✔- a law
established by following earlier judicial decisions (court cases).
-So, when a legal idea comes from a decision in a court case, whether the
case happened last month or 150 years ago, it is part of the common law
statutory law (written law) - ✔✔- Law passed by the U.S. Congress or state
legislatures bodies (not courts)
- exact wording is set forth in writing—although the precise meaning is still
subject to interpretation by the courts
- Criminal law and tax law
in 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress
passed the Genetic Information Nondiscrimination Act. Which of these
is/are a statute?i - ✔✔both because passed by congress
federal law - ✔✔- created by national government
- The right to free speech is federal, for example, because it is found in the
1st Amendment to the United States Constitution. When Congress passes
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,a statute like the Civil Rights Act of 1964, it is also a federal law and it
applies throughout the country.
state law - ✔✔- A bill that has been passed by the State House and Senate
and approved by the governor.
-Texas Legislature creates many statutes that do not apply in Missouri or
New York, but which do apply in Texas.
plantiff - ✔✔- the accuser
- a person who brings a case against another in a court of law.
- start lawsuits, they are complaining, and they are on offense. They are
usually seeking damages: money roughly equivalent to the loss suffered as
a result of the defendant's wrong.
defendant - ✔✔- accused of wrongdoing, and they are on defense.
- generally seek to escape responsibility for the misdeeds of which plaintiffs
accuse them.
civil law - ✔✔- civil actions—that is, actions in which the plaintiffs are
seeking to enforce private obligations or duties against the defendants.
-laws that spell out the rights and duties existing among individuals,
business firms, and sometimes even government agencies.
- (including libel and slander), breach of contract
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- liable or not liable
preponderance of the evidence - ✔✔a civil lawsuit the plaintiff must prove
her case by a preponderance of the evidence in order to win. In other
words, the judge or jury deciding the case must be at least somewhat more
convinced by the plaintiff's evidence than by the defendant's.
criminal law - ✔✔- comprised of those statutes in which a state or the
federal government prohibits specified kinds of conduct
- provide for the imposition of fines or imprisonment
- Criminal suits are always brought by the government whose law has
allegedly been violated (arrested by police)
- guilty or not guilty
beyond a responsible doubt - ✔✔- jurors must be significantly more
convinced that a defendant committed a wrong before they will find the
defendant guilty in a criminal case.
civil and criminal law - ✔✔some wrongful acts are of a dual nature,
potentially subjecting the wrongdoer to both criminal and civil penalties. For
example, if a man steals a car, the state could bring a criminal action
against him, and the owner of the car could also bring a civil action to
recover damages arising from the theft
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of
running a stop sign and hitting his car and seeks damages to compensate
him for his losses. Paul's case will be a ___________ lawsuit. In the case,
Paul's burden of proof will be to prove his case ____________________ -
✔✔civil, preponderance of the evidence
Law - ✔✔A body of enforceable rules governing relationships among
individuals and between individuals and their society.
- must be followed or face fines or freedom take away
ethics - ✔✔the principles of right and wrong that guide an individual in
making decisions
- should be followed but no specific penalty
state court of limited jurisdiction - ✔✔- Courts that have jurisdiction over
misdemeanors and conduct preliminary investigation of felony charges.
- limited authority and only hear from certain cases like traffic courts and
domestic relation courts (divorce, custody)
- because so many, these court hear the most cases that come to trial
state court of general trial courts - ✔✔- general jurisdiction
- can hear all cases except those specifically for the limited jurisdiction
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
