Law Test 1 Review Flashcards
(35 cards)
For Federal Courts to have Jurisdiction there must be…
Diversity in citizenship and exceeds $75,000
Or
Federal Issue (federal constitution, statute, question)
When a plaintiff decides to sue, what 2 things must they have their attorney make?
Complaint
Summons
Arbitration
The use of a judge to settle a dispute
Federal and state courts may have what 2 types of jurisdiction?
Concurrent Jurisdiction
Exclusive Jurisdiction
Who should the summons and complaint be served to?
Defendant
What are 2 examples of tort?
Intentional Tort
Unintentional Tort
What are the 2 parts of a summons?
Notifies the defendant of the action
Requires the defendant to answer
What are the 3 phases of trial court?
Pretrial
Trial
Post Trial
Civil Actions are usually based on what 2 things?
Tort
Contract
Severity of Offense
How bad the case is
What is an example of In Rem jurisdiction?
Property
Tort
Civil wrong
What are the 3 basic things that a plaintiff needs to have for a successful lawsuit?
Jurisdiction
Legal Theory
Remedy
What are the 3 ways a defendant can respond with the answer to the summons?
Admit or deny allegations
Failure to answer
Bring up counterclaims
Specific Performance
The performance of a duty on a contract
What are 3 examples of equitable remedy?
Injunction
Recession
Specific Performance
What are the 2 forms of remedy
Legal Remedy
Equitable Remedy
A judge in a arbitration is called the …
Arbitrator
What are 2 examples of in personam jurisdiction?
Real people present
Corporation
What are the 3 parts of the complaint?
Jurisdiction
Legal Theory
Remedy
Where do lawsuits begin?
A jury
What are the 3 types of Discovery?
Deposition
Interrogatories
Requests to admit
In personam jurisdiction
Jurisdiction over a person
What are the 3 types of motions?
Evidentiary
Default Judgement
Summary Judgement