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LEB-320F Exam 1 Questions and Answers
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LEB-320F Exam 1 Questions and Answers
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LEB-320F Exam 1 Questions and AnswersImportance of Laws/Rules - Answer -- Ignorance no excuse
- Personal Liability
- Professional liability
- Criminal liability
- Profitability
- Sustainability
- Unnecessary headaches
Law - Answer -A binding custom or practice of a community
Domain of law is everywhere. - Medicine
- Banking
- Grumpy Neighbors
- Intellectual Property
- Gov't
- Family
Areas of Law - Answer -Lawyers specialize in one (maybe two) areas. Can't expect an attorney to know anything about another specialization.
Requisites of Legal System - Answer -1. Certainty (stability)
2. Flexibility (technology)
3. Knowability (lawers)
4. Reasonableness (like justice, it must adapt to changing views)
Common Law - Answer -"Case Law" - Laws that result from judicial decisions, not legislature
Statutory Law - Answer -- Rules that have been formally adopted by legislative bodies rather than by the courts
Civil Law - Answer -Laws that spell out the rights and duties amongst individuals, business firms and sometimes gov't agencies
Plaintiff - Answer -Person bringing action Defendant - Answer -Person/entity against whom Plaintiff is making a claim
Criminal Law - Answer -Statues by which a state or the federal gov't prohibits specified kinds of conduct - fines or imprisonment for those who violate
- ALWAYS brought by the government.
Confusion with Criminal - Answer -ALWAYS brought by the government.
- Higher burden of proof to take away liberties
Summary Judgement - Answer -A ruling by the court that no trial is necessary because some essential facts are not in dispute
Remand - Answer -to send a case back to a lower court to be tried again
Vacate - Answer -Throw ruling out, shouldn't have happened
Affirm - Answer -We agree
Reverse - Answer -We disagree
Appelant - Answer -The party who takes an appeal from one court to another.
Appelee - Answer -The party opposing the appeal (respondent)
Adversarial System - Answer -trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law
Attorneys Fee - Answer -Each party (typically) pays for their own attorney - Breach of Contract- Loser must pay as stipulated in contract
- Benefits wealthier
State Systems - Answer -- Courts of Limited Jurisdiction
- General Trial Courts
- Appellate Courts (two levels) - Most cases happen here, with much more courts (intentional)
Federal Court Systems - Answer -- District Courts
- Specialized Courts
- Appellate Courts (Supreme Ct)
District/ General Trail Courts - Answer -- Issues of Fact & Law
Appellate Courts - Answer -- Not determining fact
- Looking if court below applied the law correctly
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