LEGL 2700 – Exam – Epstein *Q&A*
(100% Correct) 2024/2025 |VERIFIED|
What is the primary purpose of constitutional law within the legal system, and how does it differ from
statutory law?
Constitutional law sets the foundational legal principles and framework that govern a nation,
whil...
LEGL 2700 – Exam – Epstein *Q&A*
(100% Correct) 2024/2025 |VERIFIED|
What is the primary purpose of constitutional law within the legal system, and how does it differ from
statutory law?
Constitutional law sets the foundational legal principles and framework that govern a nation,
while statutory law involves specific written laws enacted by the legislature within that framework.
How does a court determine whether a precedent is binding, and what are the criteria for a case to be
considered binding precedent?
A precedent is binding if it originates from a higher court within the same jurisdiction and
addresses similar legal questions or facts as the current case.
Define “jurisdiction” in legal terms, and explain its importance in civil and criminal cases.
Jurisdiction is the legal authority a court has to hear a case and make decisions. It’s essential
because it determines the proper location and authority under which a legal matter should be
addressed.
Explain the principle of “stare decisis” and its role in judicial decision-making.
“Stare decisis” is the principle that courts should follow previous rulings to maintain consistency
and predictability, reinforcing the legal system’s stability.
Describe the key difference between criminal law and civil law, particularly in terms of consequences and
burden of proof.
Criminal law focuses on offenses against society with punishments like imprisonment, requiring
proof “beyond a reasonable doubt,” while civil law resolves disputes between individuals, requiring a
“preponderance of evidence.”
What is the “burden of proof” in a legal case, and how does it vary between civil and criminal cases?
The burden of proof is the obligation to prove allegations in a case, higher in criminal cases as
“beyond a reasonable doubt” and lower in civil cases as a “preponderance of evidence.”
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, How is “judicial review” exercised, and what impact does it have on legislative and executive actions?
Judicial review allows courts to evaluate the constitutionality of legislative and executive actions,
potentially invalidating those that conflict with constitutional principles.
In what situations can a court exercise “subject matter jurisdiction,” and why is this type of jurisdiction
crucial?
Subject matter jurisdiction is exercised when a court has the authority to hear cases of a
particular category, like criminal or civil cases, ensuring that cases are heard by the appropriate court.
Define “due process” and its significance within the legal system.
Due process guarantees fair legal procedures and safeguards individual rights within the justice
system, preventing arbitrary or unfair treatment.
What are the major classifications of law, and how do they differ in application?
The primary classifications include civil and criminal law, with civil law addressing disputes
between individuals and criminal law dealing with offenses against the state or public.
Explain the difference between “substantive” and “procedural” law with an example.
Substantive law defines rights and obligations (e.g., contract law), while procedural law
establishes the methods to enforce those rights (e.g., rules of evidence).
What role does the “appellate court” play in the judicial system, and how does it differ from a trial court?
Appellate courts review decisions made by trial courts for legal errors, unlike trial courts, which
assess facts and apply laws to reach initial judgments.
Identify three fundamental rights protected under the U.S. Constitution, and briefly describe their
importance.
The right to free speech, the right to privacy, and the right to due process are fundamental rights
protecting individual freedoms and preventing government overreach.
What is a “summary judgment,” and under what conditions can it be granted?
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