LEB 320f online final exam fall 2023 with complete
solution
common law
all the rules and principles that result from judicial decisions
statutory law
legal rules that have been formally adopted by Congress or legislative bodies rather
than by the courts
federal law
laws created by the national government
state law
laws created at the state level (bulk of our law)
plaintiff
acccuser who starts the lawsuit, on the offense and seeking damages
defendant
accused of wrongdoing, on the defense seeking to escape responsibility for the
misdeeds of which plaintiff accuses them
civil law
laws that spell out the rights and duties existing among individuals, business firms, and
even government agencies
criminal law
statutes in which a state or federal government prohibits specified kinds of conduct and
provide the punishment for violators
plaintiff must prove her case in civil law by a _________________ _______
________ _______________.
preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________
________.
beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil.
T
law
rules that must be followed and violators face specific negative consequences
ethics
standards that should be followed in a moral sense, but have no specific penalty
What are the very low level state courts called?
courts of limited jurisdiction
What are the low level state courts called?
general trial courts
What are the high level state courts called?
appellate courts
appellate courts
hear appeals from judgments entered by the lower courts
T/F: Appellate courts decide legal questions, they do not hear testimony of
witnesses or entertain new evidence.
,T
Most federal cases originate in which courts?
U.S. District Courts
What federal courts are above the U.S. District Courts?
U.S. Courts of Appeal
Parties who seek review of their case after trial at a U.S. Court of Appeal must
petition the Supreme Court for a ___________ _____ _____________.
writ of certiorari
What is the structure of a court case title in state courts?
plaintiff v. defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the
Supreme Court?
Appellant v. Other
Summary Judgement
terminates a case before it ever goes to trial, a judge grants this if the evidence is so
clear that a trial would be a waste of time
If an appeal court remands a decision
it will be returned to the trial court with instructions
if an appeal court affirms a decision
the lower courts ruling stands
judge decides the __ jury judges the ___
law, facts
What court case emphasizes the relationship between law and ethics?
Podias v. Mairs
In Podias v. Mairs, why were Swanson and Newell no longer granted summary
judgment claiming they were not under legal duty to act?
"reasonable jury could find defendants breached a duty which proximately caused the
victim's death" by not moving him to the side of the road, by not calling 911, and
because Swanson and Newell had a relationship to the plaintiff.
What was the ruling of Podias v. Mairs?
Reversed and remanded
What is the first part of the pleadings stage?
Plaintiff's complaint
motion to dismiss
occurs once the plaintiff has reviewed the plaintiff's complaint and believes the plaintiff
does not have a winning claim even if all the allegations in the complaint are true
T/F: The plaintiff does not have the opportunity to amend his/her complaint if the
defendant is granted a motion to dismiss.
F
If the defendant's motion to dismiss is not granted, he/she will then provide the
__________.
answer
What three things can the defendant's answer include?
denial, defense, counterclaim
A ___________ defeats the plaintiff's claim even if the plaintiff is able to prove all
the facts established in her claim.
, defense
counterclaim
facts in the defendant's answer that (if proved) establishes a legally-recognized claim
against the plaintiff
If the defendant does not respond within 20 days of receiving the plaintiff's
complaint, the court may grant a ___________ _______________.
default judgment
What stage comes after the pleadings stage?
discovery stage
What are the three most common discovery tools?
depositions, interrogatories, request for production of documents
depositions
testimonies of witnesses taken outside of court
interrogatories
written questions submitted by one party to the other
request for production of documents
permits a party to gain access to the documents and other tangible items in the other
party's possession which relates to the lawsuit
T/F: At the end of the discovery stage, either party may file a motion for summary
judgment as to one or more of the issues in the lawsuit.
T
jurisdiction
the legal power of a governmental body to hear and decide a case and render a
judgment that is legally binding on the parties
For a case to proceed, a court must have the authority in the form of
_____________ _____________ ________________ and _____________
________________.
subject matter jurisdiction, personal jurisdiction
subject matter jurisdiction
the power to hear a particular kind of case
What two types of civil cases do federal courts have subject matter jurisdiction?
federal question cases and diversity of citizenship cases
federal-question cases
cases concerning the Constitution, federal laws, or treaties
Pendent Jurisdiction
federal court gets jurisdiction if one claim is a federal question; even if the other claims
are state law.
T/F: In diversity of citizenship cases, if the plaintiff chooses a state court, the
defendant may have a right of removal.
T
Diversity of Citizenship Cases
Parties are not from the same state, the amount in controversy is greater than $75,000,
and the plaintiffs and defendants have complete diversity; then federal court can have
jurisdiction
Complete Diversity
no plaintiff in a case can be from the same state as any defendant in the same case
solution
common law
all the rules and principles that result from judicial decisions
statutory law
legal rules that have been formally adopted by Congress or legislative bodies rather
than by the courts
federal law
laws created by the national government
state law
laws created at the state level (bulk of our law)
plaintiff
acccuser who starts the lawsuit, on the offense and seeking damages
defendant
accused of wrongdoing, on the defense seeking to escape responsibility for the
misdeeds of which plaintiff accuses them
civil law
laws that spell out the rights and duties existing among individuals, business firms, and
even government agencies
criminal law
statutes in which a state or federal government prohibits specified kinds of conduct and
provide the punishment for violators
plaintiff must prove her case in civil law by a _________________ _______
________ _______________.
preponderance of the evidence
plaintiff must prove her case in criminal law _______________ ___ _____________
________.
beyond a reasonable doubt
T/F: Some wrongful acts are both criminal and civil.
T
law
rules that must be followed and violators face specific negative consequences
ethics
standards that should be followed in a moral sense, but have no specific penalty
What are the very low level state courts called?
courts of limited jurisdiction
What are the low level state courts called?
general trial courts
What are the high level state courts called?
appellate courts
appellate courts
hear appeals from judgments entered by the lower courts
T/F: Appellate courts decide legal questions, they do not hear testimony of
witnesses or entertain new evidence.
,T
Most federal cases originate in which courts?
U.S. District Courts
What federal courts are above the U.S. District Courts?
U.S. Courts of Appeal
Parties who seek review of their case after trial at a U.S. Court of Appeal must
petition the Supreme Court for a ___________ _____ _____________.
writ of certiorari
What is the structure of a court case title in state courts?
plaintiff v. defendant
What is the structure of a court case title in the U.S. Courts of Appeal or the
Supreme Court?
Appellant v. Other
Summary Judgement
terminates a case before it ever goes to trial, a judge grants this if the evidence is so
clear that a trial would be a waste of time
If an appeal court remands a decision
it will be returned to the trial court with instructions
if an appeal court affirms a decision
the lower courts ruling stands
judge decides the __ jury judges the ___
law, facts
What court case emphasizes the relationship between law and ethics?
Podias v. Mairs
In Podias v. Mairs, why were Swanson and Newell no longer granted summary
judgment claiming they were not under legal duty to act?
"reasonable jury could find defendants breached a duty which proximately caused the
victim's death" by not moving him to the side of the road, by not calling 911, and
because Swanson and Newell had a relationship to the plaintiff.
What was the ruling of Podias v. Mairs?
Reversed and remanded
What is the first part of the pleadings stage?
Plaintiff's complaint
motion to dismiss
occurs once the plaintiff has reviewed the plaintiff's complaint and believes the plaintiff
does not have a winning claim even if all the allegations in the complaint are true
T/F: The plaintiff does not have the opportunity to amend his/her complaint if the
defendant is granted a motion to dismiss.
F
If the defendant's motion to dismiss is not granted, he/she will then provide the
__________.
answer
What three things can the defendant's answer include?
denial, defense, counterclaim
A ___________ defeats the plaintiff's claim even if the plaintiff is able to prove all
the facts established in her claim.
, defense
counterclaim
facts in the defendant's answer that (if proved) establishes a legally-recognized claim
against the plaintiff
If the defendant does not respond within 20 days of receiving the plaintiff's
complaint, the court may grant a ___________ _______________.
default judgment
What stage comes after the pleadings stage?
discovery stage
What are the three most common discovery tools?
depositions, interrogatories, request for production of documents
depositions
testimonies of witnesses taken outside of court
interrogatories
written questions submitted by one party to the other
request for production of documents
permits a party to gain access to the documents and other tangible items in the other
party's possession which relates to the lawsuit
T/F: At the end of the discovery stage, either party may file a motion for summary
judgment as to one or more of the issues in the lawsuit.
T
jurisdiction
the legal power of a governmental body to hear and decide a case and render a
judgment that is legally binding on the parties
For a case to proceed, a court must have the authority in the form of
_____________ _____________ ________________ and _____________
________________.
subject matter jurisdiction, personal jurisdiction
subject matter jurisdiction
the power to hear a particular kind of case
What two types of civil cases do federal courts have subject matter jurisdiction?
federal question cases and diversity of citizenship cases
federal-question cases
cases concerning the Constitution, federal laws, or treaties
Pendent Jurisdiction
federal court gets jurisdiction if one claim is a federal question; even if the other claims
are state law.
T/F: In diversity of citizenship cases, if the plaintiff chooses a state court, the
defendant may have a right of removal.
T
Diversity of Citizenship Cases
Parties are not from the same state, the amount in controversy is greater than $75,000,
and the plaintiffs and defendants have complete diversity; then federal court can have
jurisdiction
Complete Diversity
no plaintiff in a case can be from the same state as any defendant in the same case
