BLAW 3310 Chapter 4 UPDATED ACTUAL Questions and CORRECT Answers
0 view 0 purchase
Course
BLAW 3310
Institution
BLAW 3310
BLAW 3310 Chapter 4 UPDATED
ACTUAL Questions and CORRECT
Answers
The body of American law includes: - CORRECT ANSWER - The federal and state
constitutions
Statutes passed by legislative bodies
Administrative law
The case decisions and legal principles that form common law
BLAW 3310 Chapter 4 UPDATED
ACTUAL Questions and CORRECT
Answers
The body of American law includes: - CORRECT ANSWER - The federal and state
constitutions
Statutes passed by legislative bodies
Administrative law
The case decisions and legal principles that form common law
The essential role of the judiciary—the courts - CORRECT ANSWER - interpret the laws and
apply them to specific situations.
Judicial review - CORRECT ANSWER - The process by which courts decide on the
constitutionality of legislative enactments and actions of the executive branch.
Marbury v. Madison. - CORRECT ANSWER - The United States Supreme Court explicitly
established the power of judicial review in 1803
Before a lawsuit can be brought before a court, the following requirements must be met: -
CORRECT ANSWER - Jurisdiction
Venue
Standing to sue
Jurisdiction - CORRECT ANSWER - The authority of a court to hear a case and decide a
specific action.
In personam jurisdiction - CORRECT ANSWER - Court jurisdiction over the "person"
involved in a legal action; personal jurisdiction.
, In rem jurisdiction - CORRECT ANSWER - Court jurisdiction over a defendant's property.
Long arm statute - CORRECT ANSWER - A state statute that permits a state to obtain
personal jurisdiction over nonresident defendants. A corporation normally is subject to personal
jurisdiction in the state in which it is incorporated, has its principal office, and / or is doing
business. Large corporations that do business in many states are not automatically subject to
jurisdiction in all of them.
In both the federal and the state court systems, there are courts of: - CORRECT ANSWER -
General (unlimited) jurisdiction (e.g., state trial courts and federal district courts)
Limited jurisdiction (e.g., probate courts and bankruptcy courts)
Probate court - CORRECT ANSWER - A state court of limited jurisdiction that conducts
proceedings relating to the settlement of a deceased person's estate.
Bankruptcy court - CORRECT ANSWER - A federal court of limited jurisdiction that handles
only bankruptcy proceedings.
In both the federal and the state court systems, a court's subject-matter jurisdiction can be limited
by any of the following: - CORRECT ANSWER - The subject of the lawsuit
The sum in controversy
Whether the case involves a felony (a more serious type of crime) or a misdemeanor (a less
serious type of crime)
Whether the proceeding is a trial or an appeal
The distinction between courts of original jurisdiction and courts of appellate jurisdiction
normally lies in whether the case is being heard for the first time - CORRECT ANSWER -
Courts having original jurisdiction are courts of the first instance, or trial courts.
Courts having appellate jurisdiction act as reviewing, or appellate, courts.
Federal courts have subject-matter jurisdiction in two situations: - CORRECT ANSWER -
When a federal question is involved and When there is diversity of citizenship
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller MGRADES. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.99. You're not tied to anything after your purchase.
