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LEB 320F Final - Extension – Bredeson Exam Questions and Answers
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LEB 320F Final - Extension – Bredeson Exam Questions and Answers
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LEB 320F Final - Extension – Bredeson Exam Questions and AnswersCommon Law - Answer -all the rules and principles currently existing in any state, regardless of their historical origin, that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statutes.
Statutory Law - Answer -legal rules that have been formally adopted by legislative bodies rather than by the courts.
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the Genetic Information Nondiscrimination Act. Which of these is/are a statute?
A. The Sherman Antitrust Act
B. The Genetic Information Nondiscrimination Act C. BothAandB
D. None of the above - Answer -C. Written laws passed by legislative bodies like Congress are statutes.
Federal Law - Answer -the law of the national government
State Law - Answer -State statutes, regulations, principles, and rules having the force of
law
Plaintiff - Answer -a person who brings a case against another in a court of law.
Defendant - Answer -an individual or group being sued or charged with a crime
Civil Law - Answer -all those laws that spell out the rights and duties existing among individuals, business firms, and sometimes even government agencies
preponderance of the evidence - Answer -The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
Criminal Law - Answer -those statutes in which a state or the federal government prohibits specified kinds of conduct and which additionally provide for the imposition of fines or imprisonment on persons convicted of violating them. criminal suits are brought by - Answer -the government whose law has allegedly been violated
beyond a reasonable doubt - Answer -The level of proof required to convict a person of a crime
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 ____________________.
A. civil; by preponderance of the evidence
B. civil; beyond a reasonable doubt
C. criminal; by preponderance of the evidence D. criminal; beyond a reasonable doubt - Answer -A. Private cases between private people or companies are civil lawsuits. In such cases, plaintiffs must present enough evidence to prove their claims true by a preponderance of the evidence.
Law - Answer -rules that must be followed
Ethics - Answer -standards that should be followed in a moral sense but are not attached to a specific penalty
state courts of limited jurisdiction - Answer -limited authority and can only hear certain types of cases
State General Trial Courts - Answer -empowered to hear all cases except those expressly assigned by statutes to the courts of limited jurisdiction
State Appellate Courts - Answer -hear appeals from judgements entered by the lower courts
Specialized U.S. Courts - Answer -courts that have very specialized subject matter jurisdiction, including the U.S. Tax Court, which hears only federal tax cases and the U.S. Claims Court, which hears only claims against the U.S. government
U.S. District Courts - Answer -the basic trial courts (civil and criminal) in the federal system, where the typical federal case begins
US Appellate Court - Answer -The court that hears the appeal of the court decision made in the US District Court. No juries in an appellate court.
writ of certiorari - Answer -An order by a higher court directing a lower court to send up a case for review
Trial courts settle questions of - Answer -fact and law Appellate courts settle questions of - Answer -law only
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal his case to a ________________ court. If he loses there, he can seek to have his case reviewed by ________________.
A. a general trial court; his state's supreme court
B. a general trial court; the U.S. Supreme Court
C. A U.S. Court of Appeals; his state's supreme court D. A U.S. Court of Appeals; the U.S. Supreme Court - Answer -D. Appeals from a federal district court would proceed to a federal appellate court, and eventually perhaps to the U.S. Supreme Court, although the Supreme Court grants only a relatively small percentage of requests for writs of certiorari.
Appellant - Answer -The party who takes an appeal from one court to another.
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals. Which of the following can you say is definitely true?
A. Abner was the plaintiff in the original lawsuit brought to district court. B. Abner is bringing the appeal to the U.S. Court of Appeals.
C. Abner was the defendant in the original lawsuit brought to district court. D. Both A and B are definitely true.
E. None of the above are definitely true. - Answer -B. Abner might have been either the plaintiff or defendant originally. But since Abner is listed first for the appellate case, Abner is definitely the side bringing the appeal.
Summary Judgement - Answer -A ruling by the court that no trial is necessary because some essential facts are not in dispute
Remanded - Answer -To send a case back to the court that originally heard it.
affirmed - Answer -permitted to stand
Plaintiff's Complaint - Answer -contains facts to establish jurisdiction, the allegations, and the remedy sought
motion to dismiss - Answer -A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.
Defendant's Answer - Answer -Procedurally, a defendant's response to the plaintiff's complaint.
defendant's answer: denial - Answer -formality that places the plaintiff's allegations in issue and places the burden on the plaintiff to prove the factual assertions he or she has
made.
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