LEB 320F: Exam 1 Questions and
Answers 100% Solved | Graded A+
What is law? - ✔✔list of binding rules in a society
What are the classifications of law? - ✔✔primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - ✔✔binding
What is secondary law? - ✔✔not binding (techically not a law because it's
not binding); comments and analyses of primary law; legal dictionaries;
basically, legal commentary
What is state law? - ✔✔the bulk of the law that governs us; there are
specific enumerated powers in the constitution that are controlled by
federal law, but everything else is left to the state to do what they wish
What questions do you ask when determining whether a law is primary or
secondary? - ✔✔Is the law binding?
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What question do you ask when determining whether a law is federal or
state? - ✔✔who gives us the law?
What question do you ask when determining whether a law is common or
statutory? - ✔✔Which branch of the federal/state government gave us this
law?
What branch(es) of government do(es) statutory law come from? -
✔✔legislative and executive
What is statutory law? - ✔✔comes from the legislative branch and the
executive branch; written law; constitutions; any law passed by congress;
treaties; city ordinances; regulations
What branch(es) of government do(es) common law come from? -
✔✔judicial
What is common law? - ✔✔comes from the judicial branch; judge-made
law--unwritten law; court-made law; most of what we do in thie class
What question do you ask when determining whether an offense is criminal
or civil? - ✔✔Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - ✔✔yes
Is ther burden of proof for criminal offenses the same as civil offenses? -
✔✔no--because the consequences of being convicted are different
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What is a criminal offense? - ✔✔where you offend the state; the district
attorney brings an action against the offender; prosecuted by the
government; misdemeanors and felonies; burden of proof--beyond a
reasonable doubt
What are the two types of criminal offenses? - ✔✔misdemeanors and
felonies
What is a misdemeanor? - ✔✔offenses punishable by less than a year in
jail
What is a felony? - ✔✔offenses punishable by a year+ in prison
What is the burden of proof for a criminal offense? - ✔✔beyond a
reasonable doubt
What is a civil offense? - ✔✔where you offend people; lawsuit (civil
actions); torts; breaches of contract; burden of proof--by a preponderance
of the evidence (more likely than not)
What are the two types of civil offenses? - ✔✔torts and breaches of
contract
What is the burden of proof for a civil offense? - ✔✔by a preponderance of
the evidence (more likely than not)
The court system is a ___ tiered system. - ✔✔3
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, What are the tiers in the federal court system? - ✔✔trial courts (bottom),
circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - ✔✔trial courts of general
jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - ✔✔US district courts--most
states are divided into multiple districts--each district has a US district court
To which trial court do most federal trials go? - ✔✔TCOGJ (US district
courts)
What are trial courts of limited jurisdiction (TCOLJ)? - ✔✔can only ear trials
of certain subject matters (ex: US tax court); there are a few subject areas
where disputes in those areas go to specialty trial courts
What courts are at the bottom of the federal court system pyramid? -
✔✔trial courts (the only level where trials happen)
What courts are at the middle of the federal court system pyramid? -
✔✔circuit courts (US circuit courts)
What role do the US circuit courts play in the federal court system? -
✔✔they are the first level of appellate courts
Generally, ___ states are included in a circuit. - ✔✔3 or 4
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved | Graded A+
What is law? - ✔✔list of binding rules in a society
What are the classifications of law? - ✔✔primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - ✔✔binding
What is secondary law? - ✔✔not binding (techically not a law because it's
not binding); comments and analyses of primary law; legal dictionaries;
basically, legal commentary
What is state law? - ✔✔the bulk of the law that governs us; there are
specific enumerated powers in the constitution that are controlled by
federal law, but everything else is left to the state to do what they wish
What questions do you ask when determining whether a law is primary or
secondary? - ✔✔Is the law binding?
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What question do you ask when determining whether a law is federal or
state? - ✔✔who gives us the law?
What question do you ask when determining whether a law is common or
statutory? - ✔✔Which branch of the federal/state government gave us this
law?
What branch(es) of government do(es) statutory law come from? -
✔✔legislative and executive
What is statutory law? - ✔✔comes from the legislative branch and the
executive branch; written law; constitutions; any law passed by congress;
treaties; city ordinances; regulations
What branch(es) of government do(es) common law come from? -
✔✔judicial
What is common law? - ✔✔comes from the judicial branch; judge-made
law--unwritten law; court-made law; most of what we do in thie class
What question do you ask when determining whether an offense is criminal
or civil? - ✔✔Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - ✔✔yes
Is ther burden of proof for criminal offenses the same as civil offenses? -
✔✔no--because the consequences of being convicted are different
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What is a criminal offense? - ✔✔where you offend the state; the district
attorney brings an action against the offender; prosecuted by the
government; misdemeanors and felonies; burden of proof--beyond a
reasonable doubt
What are the two types of criminal offenses? - ✔✔misdemeanors and
felonies
What is a misdemeanor? - ✔✔offenses punishable by less than a year in
jail
What is a felony? - ✔✔offenses punishable by a year+ in prison
What is the burden of proof for a criminal offense? - ✔✔beyond a
reasonable doubt
What is a civil offense? - ✔✔where you offend people; lawsuit (civil
actions); torts; breaches of contract; burden of proof--by a preponderance
of the evidence (more likely than not)
What are the two types of civil offenses? - ✔✔torts and breaches of
contract
What is the burden of proof for a civil offense? - ✔✔by a preponderance of
the evidence (more likely than not)
The court system is a ___ tiered system. - ✔✔3
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, What are the tiers in the federal court system? - ✔✔trial courts (bottom),
circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - ✔✔trial courts of general
jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - ✔✔US district courts--most
states are divided into multiple districts--each district has a US district court
To which trial court do most federal trials go? - ✔✔TCOGJ (US district
courts)
What are trial courts of limited jurisdiction (TCOLJ)? - ✔✔can only ear trials
of certain subject matters (ex: US tax court); there are a few subject areas
where disputes in those areas go to specialty trial courts
What courts are at the bottom of the federal court system pyramid? -
✔✔trial courts (the only level where trials happen)
What courts are at the middle of the federal court system pyramid? -
✔✔circuit courts (US circuit courts)
What role do the US circuit courts play in the federal court system? -
✔✔they are the first level of appellate courts
Generally, ___ states are included in a circuit. - ✔✔3 or 4
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
