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LES 305 Questions & 100% Correct AnswersLatest Test | Graded A+ | Passed $13.09   Add to cart

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LES 305 Questions & 100% Correct AnswersLatest Test | Graded A+ | Passed

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  • LES 305

Civil Laws -:- Law that is designed to compensate individual parties for losses caused by another's conduct Preemption -:- The power granted by the Supremacy Clause to override state law In determining whether a trial was conducted in accordance with the legal rules and doctrines of that ...

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  • September 6, 2024
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  • Exam (elaborations)
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  • LES 305
  • LES 305
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LES 305 Questions & 100% Correct Answers-
Latest Test | Graded A+ | Passed
Civil Laws


✓ -:- Law that is designed to compensate individual parties for losses caused by

another's conduct




Preemption


✓ -:- The power granted by the Supremacy Clause to override state law




In determining whether a trial was conducted in accordance with the legal rules and

doctrines of that state, an appellate court will generally:


✓ -:- - Review the transcripts of the lower court

- Hear oral arguments


- Read briefs from the attorneys




In order for a court to have jurisdiction over a dispute, it must have:


✓ -:- Subject matter jurisdiction and personal jurisdiction




Appellate courts



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✓ -:- set precedent




Statutes


✓ -:- Passed by the federal or a state legislature and are either approved/rejected by

the executive branch




Federal Jurisdiction Law originates:


✓ -:- from the US Constitution




State Courts


✓ -:- adjudicates cases arising under state statutes, state common law, or state

constitutional law




Federal Courts


✓ -:- concerned primarily with national laws, federal constitutional issues, and other

cases that are outside the purview of state courts




All states have two type of courts:


✓ -:- State trial courts and state appellate courts




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State Trial Courts


✓ -:- when one party alleges a violation of some legal right or standard, the

aggrieved party (plaintiff) may bring a lawsuit against the alleged violator

(defendant)




- Either have general authority to hear any case or limited authority to hear a particular

type of case.




For minor matters/low-dollar value cases -> local courts




Trial de Novo (state trial court)


✓ -:- Literally, "new trial." The term is applied to cases that are retried on appeal, as

opposed to those that are simply reviewed on the record.




Remand (state trial court)


✓ -:- to send a case back to a lower court to be tried again




State Appellate Courts




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✓ -:- State-level courts of precedent, concerned primarily with reviewing the

decisions of trial courts.




-if appellate court denies an appeal, the trial court ruling is binding on the parties in that

case.




Federal Courts


✓ -:- The courts of the national government that deal with problems between states,

with the constitution, and with laws made by congress.




U.S. Supreme court is ultimate arbiter of federal law.




Federal appellate courts = U.S. Courts of Appeals




U.S. Supreme Court


✓ -:- the highest court of the United States; it sits at the top of the federal court

system.




- has appellate authority to decide any appeal from any US Circuit Court of Appeal.




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