Exam (elaborations)
GBL 385 Exam 1(Answered) Questions and Correct Answers, 100% Correct. 2024/2025.
- Course
- Institution
GBL 385 Exam 1(Answered) Questions and Correct Answers, 100% Correct. 2024/2025.
[Show more]
Content preview
GBL 385 Exam 1(Answered) Questionsand Correct Answers, 100% Correct.
2024/2025.
Jurisdiction
o A court's jurisdiction is set by law and limited by territory and type of case
o Is the authority of a court to hear and decide cases
o Courts settle disputes
A private party v. government
State v. United States Government
Individual v. individual
Separation of Powers
o Three branches of the government
Legislative
• Statutory Law
o Our legal representatives pass laws (both civil and criminal) in forms of statues and codes
Judiciary
• Case Law
Executive
• Administrative Law
Previous
Play
Next
Rewind 10 seconds
Move forward 10 seconds
Unmute
0:00
/
0:15
Full screen
Brainpower
Read More
, Civil Law
o Anything that is not criminal in nature
o Proof needed: preponderance of the evidence
o Government v. private prosecutions
o The law of contracts, property, torts, employment, divorce, inheritance, tax and many other things
Criminal Law
o Civil infractions or Felony and misdemeanors
o Statutory in nature
o Proof needed: beyond reasonable doubt
Common Law
o Law made and applied, leading to precedents (stare decisis) by courts
o We adopted the common law from England
o Courts make law in the way that they interpret law (case law)
Precedent
o A similar case in the past that can be related to the current case
Equitable Powers of Courts
o If one is dissatisfied with the courts, you can appeal
Burden of Proof
o The standard or test we apply in a trial
o Changes depending on if civil or criminal. Civil would be if 50% of evidence points to something
Burden of Persuasion
o The issue regarding who must prove their version of the case.
Criminal case: government
Civil case: Plaintiff must prove their case
o Right to remain silent, right to confront witnesses, right to an attorney
Federal Supremacy
o Occurs when there is a literal conflict between state and federal measures, so that it is impossible to
follow both simultaneously and
o The federal regulation is pervasive and
o The state regulation is an obstacle to fulfilling the purposes of the federal law
This establishes that federal law takes precedent over all state and local law
Establishes that state laws must not conflict with federal laws
Role of the Jury
We use the jury to determine facts
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StudyHubSolutions. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78252 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now