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LEB 323 Test with Questions with 100% Correct Answers
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LEB 323 Test with Questions with 100% Correct Answers
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LEB 323 Test with Questions with 100%Correct Answers
Schwarzenegger v. Fred Martin Motors - ✔✔-Diversity of citizenship; sued for invasion of
privacy for using image of terminator in Ohio ad
-OH resident must have intentionally engaged in conduct specifically targeted at forum state
(CA) -> did not, so no personal jurisdiction
In Rem Jurisdiction - ✔✔Important when target is item of property—real estate, tangible &
intangible personal property (e.g. domain name)
Litigation Systems:
Adversarial vs. Inquisitorial - ✔✔Adversarial: "common law" (US, UK); more private (lawyers
present facts)
Inquisitorial: "code law/Roman civil" (Europe, China); more public (judge presents facts,
evidence comes in waves)
Pretrial Proceedings - Pleading Stages (parts) - ✔✔Complaint - filing petition with court,
court issues summons
Answer - defendant's response to summons (or motion to dismiss instead of answer); denial,
counterclaim
Most Common Pretrial Discovery Tools (Depositions, Interrogatories, and Requests for
production of documents) - ✔✔•Depositions: witness testimony out of court (under oath)
•Interrogatories: written questions submitted by one party to the other (under oath)
•Requests for production of documents: permits party to gain access some evidence in
possession of other party
,Ashcroft v. Iqbal - ✔✔-After 9/11, Iqbal detained by the FBI for fraud; shipped back to
Pakistan, filed Bivens action
-Complaint claimed inhumane treatment in prison
-Defendant's motion to dismiss was denied
**To survive a motion to dismiss, complaint must contain sufficient factual matter accepted as
true to state a claim to relief that is plausible
Direct vs. Cross Examination of Witnesses - ✔✔Direct - own witness (no leading questions)
Cross examination - defendant asks witness (leading questions allowed)
(Redirect examination - plaintiff addresses new issues)
Sponsoring Witness for documentary evidence - ✔✔testifies that they know what the
document is and and confirms its authenticity
Perjury - ✔✔Witness gives false testimony under oath
3 Rules of Evidence - ✔✔1. Relevance (ex. how many times did you get perms)
2. Opinion (ex. did you think joe was angry?)
3. Hearsay - witness says something that was said by someone who isn't testifying (secondhand
info; exception of business records)
Instructions to Jury - ✔✔General rules of conduct/definitions of relevant legal terms
Court's charge to the jury
-General: most common, relevant legal principles; verdict
-Special: series of questions to jury related to disputed fact and asks for yes or no answer
Riley v. Willis - ✔✔-Dog walk, Riley accidentally hits Willis with car
-Willis' instructions to jury about car safety included, Riley's about dog leashes was not
, After the Trial:
Motion Notwithstanding the Verdict
Motion for New Trial - ✔✔Judgment NWS verdict: judge should've granted directed verdict
in favor of the movant/shouldn't have let case go to jury due to one-sided evidence
New trial: trial judge committed errors in trial that affected outcome
SEC v. Ginsburg - ✔✔•Ginsburg accused of insider trading with brother/father
•SEC won, Ginsburg filed motion for judgment NWS verdict due to insufficient evidence, SEC
appealed
•SEC had enough inference to suggest insider trading
Beebe v. Owen - ✔✔-Lady/coworker fall at baseball game, lady tears ACL, made intentional
tort claim assault/battery against coworker
-Tort law vs. workers compensation (scope of employment)
-Didn't work
Appelant's Brief for Appellate Courts - ✔✔Appellant's brief: trial judge errors relating to
ruling on motions, on objections to evidence, or stating relevant law in the jury instructions
ADR: Negotiated Settlement - ✔✔Most disputes never make it to the courtroom, rather take
a loss than pursue a claim (lump it)
ADR: Arbitration - ✔✔Parties select arbitrator, present evidence/arguments arbitrator
makes legally binding decision (award)
Similar to litigation, but cheaper/faster/less painful
Increase chances of commercial relationship remaining intact
Parties control entire process/can be kept private
No appeals allowed
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