LEB 320f online final
exam
1. common law: all the rules and principles that result from judicial decisions
2. statutory law: legal rules that have been formally adopted by Congress or legislative bodies rather than by the courts
3. federal law: laws created by the national government
4. state law: laws created at the state level (bulk of our law)
5. plaintiff: acccuser who starts the lawsuit, on the offense and seeking damages
6. defendant: accused of wrongdoing, on the defense seeking to escape responsibility for the misdeeds of which
plaintiff accuses them
7. civil law: laws that spell out the rights and duties existing among individuals, business firms, and even government
agencies
8. criminal law: statutes in which a state or federal government prohibits specified kinds of conduct and provide the
punishment for violators
9. plaintiff must prove her case in civil law by a _________________ _______ ________
_______________.: preponderance of the evidence
10. plaintiff must prove her case in criminal law _______________ ___ _____________ ________.: beyond a reasonable
doubt
11. T/F: Some wrongful acts are both criminal and civil.: T
12. law: rules that must be followed and violators face specific negative consequences
13. ethics: standards that should be followed in a moral sense, but have no specific penalty
14. What are the very low level state courts called?: courts of limited jurisdiction
15. What are the low level state courts called?: general trial courts
16. What are the high level state courts called?: appellate courts
17. appellate courts: hear appeals from judgments entered by the lower courts
18. T/F: Appellate courts decide legal questions, they do not hear testimony of witnesses or entertain new evidence.: T
19. Most federal cases originate in which courts?: U.S. District Courts
20. What federal courts are above the U.S. District Courts?: U.S. Courts of Appeal
21. 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
22. What is the structure of a court case title in state courts?: plaintiff v. defendant
23. What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme Court?: Appellant v. Other
24. 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
,25. If an appeal court remands a decision: it will be returned to the trial court with instructions
26. if an appeal court affirms a decision: the lower courts ruling stands
27. judge decides the __ jury judges the ___: law, facts
28. What court case emphasizes the relationship between law and ethics?: Podias v. Mairs
29. 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.
30. What was the ruling of Podias v. Mairs?: Reversed and remanded
31. What is the first part of the pleadings stage?: Plaintiff's complaint
32. 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
33. T/F: The plaintiff does not have the opportunity to amend his/her complaint if the defendant is granted a motion to
dismiss.: F
34. If the defendant's motion to dismiss is not granted, he/she will then provide the __________.: answer
35. What three things can the defendant's answer include?: denial, defense, counterclaim 36. A ___________ defeats the
plaintiff's claim even if the plaintiff is able to prove all the facts established in her claim.: defense
37. counterclaim: facts in the defendant's answer that (if proved) establishes a legally-recognized claim against the
plaintiff
38. If the defendant does not respond within 20 days of receiving the plaintiff's complaint, the court may grant a
___________ _______________.: default judgment
39. What stage comes after the pleadings stage?: discovery stage
40. What are the three most common discovery tools?: depositions, interrogatories, request
for production of documents
41. depositions: testimonies of witnesses taken outside of court
42. interrogatories: written questions submitted by one party to the other
43. 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
44. 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
45. 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
46. For a case to proceed, a court must have the authority in the form of
_____________ _____________ ________________ and _____________ ________________.: subject matter jurisdiction,
personal jurisdiction
, LEB 320f online final
exam
47. subject matter jurisdiction: the power to hear a particular kind of case
48. What two types of civil cases do federal courts have subject matter jurisdiction?: federal question cases and diversity
of citizenship cases
49. federal-question cases: cases concerning the Constitution, federal laws, or treaties
50. Pendent Jurisdiction: federal court gets jurisdiction if one claim is a federal question; even if the other claims are
state law.
51. T/F: In diversity of citizenship cases, if the plaintiff chooses a state court, the defendant may have a right of removal.: T
52. 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 53.
Complete Diversity: no plaintiff in a case can be from the same state as any defendant in the same case 54. Class
Action Fairness Act of 2005: Moves class action suits of more than $5 million from the state to federal courts;
regardless of complete diversity or not
55. right of removal: entitles the defendant to transfer the case to the federal court system
56. personal jurisdiction: the court's power over the parties to the case
57. personal jurisdiction's key question is whether a court has authority over the
____: defendant ; the plaintiff submits to the courts authority when filing.
58. in personam cases: plaintiff seeks a judgement that will be legally binding against the defendant
59. Personal jurisdiction is required in ____ __________ cases.: in personam
60. T/F: Most cases are in rem cases.: F (most cases are in personam)
61. Because of the procedural due process in the U.S., what is required between the defendant and the state where the
lawsuit has been filed?: adequate notice, a hearing, an impartial decision maker, and substantial contact between the
defendant and the state where the suit has been filed.
62. what is the key to proving jurisdiction?: substantial contact
63. What are the three methods of establishing personal jurisdiction?: making an appearance, service of summons, long-
arm statues
64. appearance: a defendant taking any formal step to defend a case
65. Defendant can challenge a court's personal jurisdiction by making a
___________ ______________.: special appearance
66. personal service of summons: a copy of the plaintiff's complaint attached to the summons is personally delivered to
the defendant in person while the defendant is physically in the forum state
67. long-arm statue: a court can exercise personal jurisdiction over certain out-of-state defendants based on activities
that took place within the state
68. what is general personal jurisdiction? (substantial contacts): when a court has
exam
1. common law: all the rules and principles that result from judicial decisions
2. statutory law: legal rules that have been formally adopted by Congress or legislative bodies rather than by the courts
3. federal law: laws created by the national government
4. state law: laws created at the state level (bulk of our law)
5. plaintiff: acccuser who starts the lawsuit, on the offense and seeking damages
6. defendant: accused of wrongdoing, on the defense seeking to escape responsibility for the misdeeds of which
plaintiff accuses them
7. civil law: laws that spell out the rights and duties existing among individuals, business firms, and even government
agencies
8. criminal law: statutes in which a state or federal government prohibits specified kinds of conduct and provide the
punishment for violators
9. plaintiff must prove her case in civil law by a _________________ _______ ________
_______________.: preponderance of the evidence
10. plaintiff must prove her case in criminal law _______________ ___ _____________ ________.: beyond a reasonable
doubt
11. T/F: Some wrongful acts are both criminal and civil.: T
12. law: rules that must be followed and violators face specific negative consequences
13. ethics: standards that should be followed in a moral sense, but have no specific penalty
14. What are the very low level state courts called?: courts of limited jurisdiction
15. What are the low level state courts called?: general trial courts
16. What are the high level state courts called?: appellate courts
17. appellate courts: hear appeals from judgments entered by the lower courts
18. T/F: Appellate courts decide legal questions, they do not hear testimony of witnesses or entertain new evidence.: T
19. Most federal cases originate in which courts?: U.S. District Courts
20. What federal courts are above the U.S. District Courts?: U.S. Courts of Appeal
21. 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
22. What is the structure of a court case title in state courts?: plaintiff v. defendant
23. What is the structure of a court case title in the U.S. Courts of Appeal or the Supreme Court?: Appellant v. Other
24. 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
,25. If an appeal court remands a decision: it will be returned to the trial court with instructions
26. if an appeal court affirms a decision: the lower courts ruling stands
27. judge decides the __ jury judges the ___: law, facts
28. What court case emphasizes the relationship between law and ethics?: Podias v. Mairs
29. 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.
30. What was the ruling of Podias v. Mairs?: Reversed and remanded
31. What is the first part of the pleadings stage?: Plaintiff's complaint
32. 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
33. T/F: The plaintiff does not have the opportunity to amend his/her complaint if the defendant is granted a motion to
dismiss.: F
34. If the defendant's motion to dismiss is not granted, he/she will then provide the __________.: answer
35. What three things can the defendant's answer include?: denial, defense, counterclaim 36. A ___________ defeats the
plaintiff's claim even if the plaintiff is able to prove all the facts established in her claim.: defense
37. counterclaim: facts in the defendant's answer that (if proved) establishes a legally-recognized claim against the
plaintiff
38. If the defendant does not respond within 20 days of receiving the plaintiff's complaint, the court may grant a
___________ _______________.: default judgment
39. What stage comes after the pleadings stage?: discovery stage
40. What are the three most common discovery tools?: depositions, interrogatories, request
for production of documents
41. depositions: testimonies of witnesses taken outside of court
42. interrogatories: written questions submitted by one party to the other
43. 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
44. 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
45. 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
46. For a case to proceed, a court must have the authority in the form of
_____________ _____________ ________________ and _____________ ________________.: subject matter jurisdiction,
personal jurisdiction
, LEB 320f online final
exam
47. subject matter jurisdiction: the power to hear a particular kind of case
48. What two types of civil cases do federal courts have subject matter jurisdiction?: federal question cases and diversity
of citizenship cases
49. federal-question cases: cases concerning the Constitution, federal laws, or treaties
50. Pendent Jurisdiction: federal court gets jurisdiction if one claim is a federal question; even if the other claims are
state law.
51. T/F: In diversity of citizenship cases, if the plaintiff chooses a state court, the defendant may have a right of removal.: T
52. 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 53.
Complete Diversity: no plaintiff in a case can be from the same state as any defendant in the same case 54. Class
Action Fairness Act of 2005: Moves class action suits of more than $5 million from the state to federal courts;
regardless of complete diversity or not
55. right of removal: entitles the defendant to transfer the case to the federal court system
56. personal jurisdiction: the court's power over the parties to the case
57. personal jurisdiction's key question is whether a court has authority over the
____: defendant ; the plaintiff submits to the courts authority when filing.
58. in personam cases: plaintiff seeks a judgement that will be legally binding against the defendant
59. Personal jurisdiction is required in ____ __________ cases.: in personam
60. T/F: Most cases are in rem cases.: F (most cases are in personam)
61. Because of the procedural due process in the U.S., what is required between the defendant and the state where the
lawsuit has been filed?: adequate notice, a hearing, an impartial decision maker, and substantial contact between the
defendant and the state where the suit has been filed.
62. what is the key to proving jurisdiction?: substantial contact
63. What are the three methods of establishing personal jurisdiction?: making an appearance, service of summons, long-
arm statues
64. appearance: a defendant taking any formal step to defend a case
65. Defendant can challenge a court's personal jurisdiction by making a
___________ ______________.: special appearance
66. personal service of summons: a copy of the plaintiff's complaint attached to the summons is personally delivered to
the defendant in person while the defendant is physically in the forum state
67. long-arm statue: a court can exercise personal jurisdiction over certain out-of-state defendants based on activities
that took place within the state
68. what is general personal jurisdiction? (substantial contacts): when a court has
