Law Test 1 Review Flashcards

(35 cards)

1
Q

For Federal Courts to have Jurisdiction there must be…

A

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

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2
Q

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

A

Complaint

Summons

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3
Q

Arbitration

A

The use of a judge to settle a dispute

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4
Q

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

A

Concurrent Jurisdiction

Exclusive Jurisdiction

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5
Q

Who should the summons and complaint be served to?

A

Defendant

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6
Q

What are 2 examples of tort?

A

Intentional Tort

Unintentional Tort

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7
Q

What are the 2 parts of a summons?

A

Notifies the defendant of the action

Requires the defendant to answer

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8
Q

What are the 3 phases of trial court?

A

Pretrial
Trial
Post Trial

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9
Q

Civil Actions are usually based on what 2 things?

A

Tort

Contract

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10
Q

Severity of Offense

A

How bad the case is

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11
Q

What is an example of In Rem jurisdiction?

A

Property

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12
Q

Tort

A

Civil wrong

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13
Q

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

A

Jurisdiction
Legal Theory
Remedy

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14
Q

What are the 3 ways a defendant can respond with the answer to the summons?

A

Admit or deny allegations
Failure to answer
Bring up counterclaims

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15
Q

Specific Performance

A

The performance of a duty on a contract

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16
Q

What are 3 examples of equitable remedy?

A

Injunction
Recession
Specific Performance

17
Q

What are the 2 forms of remedy

A

Legal Remedy

Equitable Remedy

18
Q

A judge in a arbitration is called the …

19
Q

What are 2 examples of in personam jurisdiction?

A

Real people present

Corporation

20
Q

What are the 3 parts of the complaint?

A

Jurisdiction
Legal Theory
Remedy

21
Q

Where do lawsuits begin?

22
Q

What are the 3 types of Discovery?

A

Deposition
Interrogatories
Requests to admit

23
Q

In personam jurisdiction

A

Jurisdiction over a person

24
Q

What are the 3 types of motions?

A

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