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BUSINESS LAW EXAM CHAPTERS 1-8

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One way in which state trial courts differ from courts of limited jurisdiction is that only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings. decisions in courts of limited jurisdiction are always made by a jury. trial courts have greater limits on...

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  • April 1, 2023
  • 105
  • 2022/2023
  • Exam (elaborations)
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BUSINESS
LAW
EXAM
CHAPTERS
1-8
One way in which state trial courts differ from courts of limited jurisdiction is that

only courts of limited jurisdiction keep detailed records of hearings, trials, and other
proceedings. decisions in courts of limited jurisdiction are always made by a jury.
trial courts have greater limits on civil damages and criminal
penalties. they are not governed by the same subject-matter
restrictions.
one has original jurisdiction, while the other has appellate jurisdiction.
State appellate courts generally
include traffic courts, probate courts, and small
claims courts. reject the trial court's findings of fact.
decide only legal
questions. receive new
evidence.
retry cases.
In order to render a binding decision in a civil case, a state court must have
appellate
jurisdiction.
venue.
in personam jurisdiction and in rem
jurisdiction. diversity jurisdiction.

, in personam jurisdiction or in rem jurisdiction.
The $75,000 amount in controversy requirement applies to
in rem jurisdiction.
federal diversity
jurisdiction. subject-
matter jurisdiction. in
personam jurisdiction.
federal question
jurisdiction.
When both state and federal courts have jurisdiction over a case,
exists.
diversity jurisdiction
a forum selection
clause concurrent
jurisdiction venue
a federal question jurisdiction
"This contract shall be governed by the laws of the State of California. Any claim or dispute
must be resolved exclusively by a state or a federal court located in Santa Clara County,
California." The above is an example of
a fact finder.
a motion for removal.
a statement of concurrent
jurisdiction. a case of limited
jurisdiction.
a forum selection clause
One way in which state trial courts differ from courts of limited jurisdiction is that

one has original jurisdiction, while the other has appellate
jurisdiction. decisions in courts of limited jurisdiction are
always made by a jury.
they are not governed by the same limits on civil damages or
criminal penalties. trial courts are limited by greater subject-matter
restrictions.
only courts of limited jurisdiction keep detailed records of hearings, trials, and other
proceedings.

The two most important bases of federal court jurisdiction are

, in personam and federal question
jurisdiction. federal question and in rem
jurisdiction. federal question and
diversity jurisdiction.
in personam jurisdiction and in rem
jurisdiction. in personam and federal
question jurisdiction.
In personam jurisdiction is based on
the type of dispute involved in the
case. the citizenship of both
parties.
the residence, location, or activities of the
defendant. the presence of property within
the forum state. venue.
State courts can establish in personam jurisdiction over out-of-state defendants by

proving that federal due process is being violated.
showing that property in dispute is located within
the state.
establishing that plaintiff engaged in business with defendant's home
state. showing that the amount in controversy exceeds $75,000.
applying a long-arm statute.
Whether a case is brought in one county or another is a question of
appeal.
venue.
jurisdictio
n.
citizenshi
p. claim.
Contract clauses stating that disputes between the parties must be litigated in the courts of a
particular state are known as
clauses of limited
jurisdiction. venue
requirements.
motions for removal.
statements of concurrent
jurisdiction. forum selection
clauses.
One way in which state trial courts differ from courts of limited jurisdiction is that

decisions in courts of limited jurisdiction are always made by
a jury. trial courts have greater limits on civil damages and
criminal penalties. trial courts are limited by greater subject-
matter restrictions.
one has original jurisdiction, while the other has appellate jurisdiction.
trial courts are courts of record that keep detailed records of hearings, trials, and
other proceedings.
Federal diversity jurisdiction requires a case to be between citizens of different states, and

concurrent jurisdiction with an appropriate state court.
the case to arise under the Constitution, laws, or treaties of the
United States. the amount in controversy to exceed $75,000.
the amount in controversy to be under $5000.

, any property in dispute to be located within district boundaries.
In rem jurisdiction is based on
the presence of property within the
forum state. the type of dispute involved
in the case.

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