Exam (elaborations)
LEB 320F UNIT 1 EXAM QUESTIONS AND ANSWERS
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LEB 320F UNIT 1 EXAM QUESTIONS AND ANSWERS
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LEB 320F UNIT 1 EXAM QUESTIONS AND ANSWERSLaw - Answer -Society's binding rules
Primary v. Secondary Law - Answer -Primary- binding (law, anything passed by Congress)
Secondary- Non-binding (SCOTUS dissenting opinions, summaries, law dictionary, law articles, etc)
Federal v. State - Answer -Most laws are state laws; exceptions reserved for the states (Federalism)
Statutory v. Common - Answer -Statutory- WRITTEN, statutes - from legislature, constitution, treaties, etc
Common- rules on these areas of law that are not from statutes
Criminal v. Civil - Answer -Criminal- from criminal/penal code, against state/gov (felonies, etc); prosecute
Civil- offenses amongst people (torts, etc) - sue
Federal Court System - Answer -1) Supreme Court (1)
2) Federal Circuit Courts (13)
3) a. Trial Courts of General Jurisdiction (94) (US District courts)
3) b. Trial Courts of Limited Jurisdiction (US Specialty courts)
Supreme Court - Answer --(1)
-Federal Court System
-court of last resort; high court; last hope
-deals with question of law
Federal Circuit Courts - Answer --(13)
-deal with question of law
Trial Courts of General Jurisdiction (Federal) - Answer -US District courts (94)
-deals with question of fact and law
Trial Courts of Limited Jurisdiction (Federal) - Answer --US Specialty courts
-Determined by Federal statutes (Typical) State Court System - Answer -1) Court of Last Resort
2) Courts of Appeals (11; 1 geographic circuit)
3) a. Trial Courts of General Jurisdiction
3) b. Trial Courts of Limited Jurisdiction
Trial Courts of General Jurisdiction (State) - Answer --Questions of law and facts
Trial Courts of Limited Jurisdiction (State) - Answer -Ex: domestic violence courts, municipal, traffic, etc
Questions of FACT - Answer --Facts of the case
-dealt with by fact-finders (judge or jury)
-Trial level ONLY
Ex: "what happened?", "What is the factual information on the case?"
Questions of LAW - Answer --Given facts, the legal stand to follow
-dealt with by JUDGES ONLY
-at trial proposal
Ex: "given what happened, what do we do from a legal point of view?"
Jurisdiction - Answer --legal power/authority;
-proper jurisdiction required to apprehend
-Required:
>Subject Matter Jurisdiction AND
>(Personal Jurisdiction OR In Rem Jurisdiction)
Subject Matter Jurisdiction - Answer --Power over a type of case
-ALWAYS REQUIRED
-*Are we in Federal (2 reasons) or State court?
The 2 ways to get to Federal Court - Answer -1) Federal question
2) Diversity of Citizenship
Diversity of Citizenship - Answer --complete diversification (P and D are from different states)
AND
-suing for >$75k
Personal Jurisdiction - Answer --Involves a person/party
-Requires jurisdiction over said person/party
In Rem Jurisdiction - Answer -Involves status or property (deals with subjects other than
persons)
Federal (Civil) Subject Matter Jurisdiction - Answer -1) Federal Question
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