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ACC 508 Exam 1 Questions & Detailed Answers
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ACC 508 Exam 1 Questions & Detailed Answers
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ACC 508 Exam 1 Questions & Detailed AnswersJurisdiction - ANS The power of a court to hear a dispute and render a verdict that
is legally binding on the parties to the dispute. Need this over person or property
and subject matter.
Over Persons (personam) Jurisdiction - ANS Power of a court to compel the
presence of the parties (including corporations) to a dispute to appear before the
court and litigate. Exists over all persons or businesses residing in geographical
area.
Over Property (in rem) Jurisdiction - ANS A court has power to decide issues
relating to property, whether the property is real, personal, tangible, or intangible
located within geographical boarders.
Long Arm Statute - ANS Courts use long-arm statutes for non-resident parties
based on minimum contacts with state. Means defendant had some connection
with forum state. Need sufficient connection to state to conclude that it's fair for
state to exercise power over defendant.
Corporate Contacts - ANS Courts use same principles for a natural persons.
Generally met if company advertises or sells products within state.
Subject Matter Jurisdiction - ANS Statutory limitation on the types of cases a court
can hear, usually determined by federal or state statutes. (Ex. probate,
,bankruptcy) Typical limitations include subject of lawsuit, sum in controversy,
felony or misdemeanor, and trial or appeal.
Original Jurisdiction - ANS Where the case started (trial).
Appellate Jurisdiction - ANS Have the power to hear an appeal from another court.
Federal Question Cases - ANS Rights or obligations of a party are created or
defined by some federal law.
Diversity of Citizenship - ANS Parties are not from the same state, and the amount
in controversy is greater than $75,000.
Exclusive Jurisdiction - ANS Only one court (state or federal) has the power to hear
the case.
Concurrent Jurisdiction - ANS More than one court can hear the case. Cases
involving federal questions and diversity-of-citizenship cases.
Exclusive State Jurisdiction - ANS Cases involving all matters not subject to federal
jurisdiction - for example, divorce and adoption cases.
Exclusive Federal Jurisdiction - ANS Cases involving federal crimes, federal antitrust
law, bankruptcy, patents, copyrights, trademarks, suits against the United States,
, some areas of admiralty law, and certain other matters specified in federal
statutes.
Jurisdiction in Cyberspace - ANS Courts use a "sliding scale" standard to determine
whether to exercise jurisdiction over defendant based on Web site activities.
Passive website, some interaction, and substantial business interaction.
Venue - ANS Concerned with the most appropriate location for a trial. Generally
this is where the injury occurred or where defendant resides. Possibility to change
due to prejudicial pretrial publicity.
Standing to Sue - ANS A party must have suffered a legal injury and have a
sufficient "stake" in the controversy (legally protected interest at stake in the
litigation). Controversy must be real and substantial, not hypothetical.
Order of North Carolina Courts - ANS Small Claims Court
District/Superior Court
NC Court of Appeals
Supreme Court
Order of Federal Courts - ANS U.S. District Court
Circuit Courts of Appeals
U.S. Supreme Court
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