LEB 320F: Exam 1 Questions and Answers
What is law? - Answer -list of binding rules in a society
What are the classifications of law? - Answer -primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - Answer -binding
What is secondary law? - Answer -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? - Answer -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? - Answer -Is the law binding?
What question do you ask when determining whether a law is federal or state? - Answer
-who gives us the law?
What question do you ask when determining whether a law is common or statutory? - Answer -Which branch of the federal/state government gave us this law?
What branch(es) of government do(es) statutory law come from? - Answer -legislative and executive
What is statutory law? - Answer -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? - Answer -judicial What is common law? - Answer -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? - Answer -Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - Answer -yes
Is ther burden of proof for criminal offenses the same as civil offenses? - Answer -no--
because the consequences of being convicted are different
What is a criminal offense? - Answer -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? - Answer -misdemeanors and felonies
What is a misdemeanor? - Answer -offenses punishable by less than a year in jail
What is a felony? - Answer -offenses punishable by a year+ in prison
What is the burden of proof for a criminal offense? - Answer -beyond a reasonable doubt
What is a civil offense? - Answer -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? - Answer -torts and breaches of contract
What is the burden of proof for a civil offense? - Answer -by a preponderance of the evidence (more likely than not)
The court system is a ___ tiered system. - Answer -3
What are the tiers in the federal court system? - Answer -trial courts (bottom), circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - Answer -trial courts of general jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - Answer -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? - Answer -TCOGJ (US district courts) What are trial courts of limited jurisdiction (TCOLJ)? - Answer -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? - Answer -trial courts (the only level where trials happen)
What courts are at the middle of the federal court system pyramid? - Answer -circuit courts (US circuit courts)
What role do the US circuit courts play in the federal court system? - Answer -they are the first level of appellate courts
Generally, ___ states are included in a circuit. - Answer -3 or 4
What circuit court do you appeal to? - Answer -You appeal to the circuit the district court
you were tried in belongs to
How many US circuit courts are there? - Answer -13
What court is at the top level of the federal court system pyramid? - Answer -Supreme Court of the United States (SCOTUS)
What is the SCOTUS? - Answer -highest level of appellate courts; called high court or court of last resort; only take a very, very small percentage of cases appealed to them
How many cases does the SCOTUS accept? - Answer -a very, very small percentage of
cases appealed to them
The state court system is similar/dissimilar to the federal system - Answer -similar
Are state court systems all the same? - Answer -no, but most of them are very similar
Do all states have two levels of appellate courts? - Answer -no
What courts are at the bottom of the state court system pyramid? - Answer -trial courts--
TCOGJ and TCOLJ
What courts are at the middle of the state court system pyramid? - Answer -appellate court
What court is at the top of the state court system pyramid? - Answer -court of last resort (most states call this the supreme court, but not all)
How many types of questions are presented in every court case? - Answer -2--
questions of fact and questions of law
What is law? - Answer -list of binding rules in a society
What are the classifications of law? - Answer -primary vs. secondary
federal vs. state
common vs. statutory
criminal vs. civil
What is primary law? - Answer -binding
What is secondary law? - Answer -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? - Answer -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? - Answer -Is the law binding?
What question do you ask when determining whether a law is federal or state? - Answer
-who gives us the law?
What question do you ask when determining whether a law is common or statutory? - Answer -Which branch of the federal/state government gave us this law?
What branch(es) of government do(es) statutory law come from? - Answer -legislative and executive
What is statutory law? - Answer -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? - Answer -judicial What is common law? - Answer -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? - Answer -Against whom is the offense committed?
Can the same offense lead to both a criminal and civil case? - Answer -yes
Is ther burden of proof for criminal offenses the same as civil offenses? - Answer -no--
because the consequences of being convicted are different
What is a criminal offense? - Answer -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? - Answer -misdemeanors and felonies
What is a misdemeanor? - Answer -offenses punishable by less than a year in jail
What is a felony? - Answer -offenses punishable by a year+ in prison
What is the burden of proof for a criminal offense? - Answer -beyond a reasonable doubt
What is a civil offense? - Answer -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? - Answer -torts and breaches of contract
What is the burden of proof for a civil offense? - Answer -by a preponderance of the evidence (more likely than not)
The court system is a ___ tiered system. - Answer -3
What are the tiers in the federal court system? - Answer -trial courts (bottom), circuit courts (middle), Supreme Court of the United States (top)
What are the two types of trial courts? - Answer -trial courts of general jurisdiction (TCOGJ); trial courts of limited jurisdiction (TCOLJ)
What are TCOGJ called at the federal level? - Answer -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? - Answer -TCOGJ (US district courts) What are trial courts of limited jurisdiction (TCOLJ)? - Answer -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? - Answer -trial courts (the only level where trials happen)
What courts are at the middle of the federal court system pyramid? - Answer -circuit courts (US circuit courts)
What role do the US circuit courts play in the federal court system? - Answer -they are the first level of appellate courts
Generally, ___ states are included in a circuit. - Answer -3 or 4
What circuit court do you appeal to? - Answer -You appeal to the circuit the district court
you were tried in belongs to
How many US circuit courts are there? - Answer -13
What court is at the top level of the federal court system pyramid? - Answer -Supreme Court of the United States (SCOTUS)
What is the SCOTUS? - Answer -highest level of appellate courts; called high court or court of last resort; only take a very, very small percentage of cases appealed to them
How many cases does the SCOTUS accept? - Answer -a very, very small percentage of
cases appealed to them
The state court system is similar/dissimilar to the federal system - Answer -similar
Are state court systems all the same? - Answer -no, but most of them are very similar
Do all states have two levels of appellate courts? - Answer -no
What courts are at the bottom of the state court system pyramid? - Answer -trial courts--
TCOGJ and TCOLJ
What courts are at the middle of the state court system pyramid? - Answer -appellate court
What court is at the top of the state court system pyramid? - Answer -court of last resort (most states call this the supreme court, but not all)
How many types of questions are presented in every court case? - Answer -2--
questions of fact and questions of law
