Law Test 1 Review Flashcards Preview

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Flashcards in Law Test 1 Review Deck (35):
1

For Federal Courts to have Jurisdiction there must be...

Diversity in citizenship and exceeds $75,000
Or
Federal Issue (federal constitution, statute, question)

2

When a plaintiff decides to sue, what 2 things must they have their attorney make?

Complaint
Summons

3

Arbitration

The use of a judge to settle a dispute

4

Federal and state courts may have what 2 types of jurisdiction?

Concurrent Jurisdiction
Exclusive Jurisdiction

5

Who should the summons and complaint be served to?

Defendant

6

What are 2 examples of tort?

Intentional Tort
Unintentional Tort

7

What are the 2 parts of a summons?

Notifies the defendant of the action
Requires the defendant to answer

8

What are the 3 phases of trial court?

Pretrial
Trial
Post Trial

9

Civil Actions are usually based on what 2 things?

Tort
Contract

10

Severity of Offense

How bad the case is

11

What is an example of In Rem jurisdiction?

Property

12

Tort

Civil wrong

13

What are the 3 basic things that a plaintiff needs to have for a successful lawsuit?

Jurisdiction
Legal Theory
Remedy

14

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

15

Specific Performance

The performance of a duty on a contract

16

What are 3 examples of equitable remedy?

Injunction
Recession
Specific Performance

17

What are the 2 forms of remedy

Legal Remedy
Equitable Remedy

18

A judge in a arbitration is called the ...

Arbitrator

19

What are 2 examples of in personam jurisdiction?

Real people present
Corporation

20

What are the 3 parts of the complaint?

Jurisdiction
Legal Theory
Remedy

21

Where do lawsuits begin?

A jury

22

What are the 3 types of Discovery?

Deposition
Interrogatories
Requests to admit

23

In personam jurisdiction

Jurisdiction over a person

24

What are the 3 types of motions?

Evidentiary
Default Judgement
Summary Judgement

25

In Rem Jurisdiction

Jurisdiction over a thing

26

What are 3 examples of unintentional tort?

Negligence
Nuisance
Product Liability

27

What can result in a failure to answer

Default judgement

28

What is it called when jurisdiction in one state can be extended to a different state?

Long Arm Statute

29

What are the 3 attempts to settle?

Arbitration
Mediation
Informal Negotiation

30

What are the 4 Pretrial parts?

Service of process
Discovery
Motions
Attempt to Settle

31

What are 3 examples of intentional torts?

Assault
Battery
Invasion of Privacy

32

What 5 things can jurisdiction be determined by?

In personam
In Rem
Subject Matter
Amount in Controversy
Severity of Offense

33

What is an example of administrative law

Workers compensation

34

Amount in Controversy

The amount of money in the case

35

What are the 3 parts to service of process?

Summons
Complaint
Answer

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