MIE 305 Exam Set Questions With Reviewed Correct Detailed Answers New Update!!
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Module
MIE 305
Institution
MIE 305
MIE 305 Exam Set
Questions With Reviewed
Correct Detailed Answers
New Update!!
1. What court of appeals in NC in? - ANSWER
Circuit 4
2. How hard is it to get cert from the supreme Court? - ANSWER
are granted
3. Personal and "in rem" jurisdiction - ANSWER
less than 1%...
MIE 305 Exam Set
Questions With Reviewed
Correct Detailed Answers
New Update!!
1. What court of appeals in NC in? - ANSWER Circuit 4
2. How hard is it to get cert from the supreme Court? - ANSWER less than 1%
are granted
3. Personal and "in rem" jurisdiction - ANSWER personal-states have
jurisdiction over residents, property owners, corporations with registered agents
and/or business premises in the state & others who voluntarily submit to personal
jurisdiction(by filing), generally.
4. In rem-when property is involved, courts have jurisdiction if the property is
located in an area they have jurisdiction over
5. Long-arm statutes (minimum contacts/ongoing substantial activity) - ANSWER
are a way that states have sought to find personal jurisdiction against out of
state parties who harm in-staters. Businesses that purposely avail themselves of a
state's market also subject themselves to personal jurisdiction
6. Requirements of class action lawsuits - ANSWER think CANT
,Commonality-one or more legal issues shared by the class
Adequacy-lead P must adequately protect interests of the whole class
Numbers-class must be so large that individual suits are "impractical"
Typicality-claims/defenses in the case must be typical of ordinary P/D
7. Dispositive motions - ANSWER (raises questions of law, not questions of
fact) 1) no disputed material facts, 2) the admitted facts, taken in the light most
favorable to the non-movant and 3) suggest that no reasonable jury could find for
the non-movant as a matter of law.
——>"based on the agreed upon facts, there is nothing for jury to try" want judge
to declare victory
8. Default judgement - ANSWER if the Defendant does not answer a
complaint, they lose.
9. Notice pleading - ANSWER short & plain statements" of grounds for the
courts jurisdiction, claim meriting relief for P, demand for relief sought. Also note
default judgements, D must answer with something!
10. Discovery process in civil cases - ANSWER Discovery process-Get
information about each other's cases, develop case or decide to work on a
settlement agreement
1.interrogatories-questions from one party to the other party in the case(and to
nobody else)
2.depositions-the testimony of others, not necessarily a party in the case, but a
party that has something important to say about the facts in the matter(not
testifying, done before trial)
, 3.requests for production(of documents)-you can ask for documents you believe
are important to help you prove your case
11. Venire - ANSWER group of potential jurors
12. Venire dire - ANSWER questioning process to get to final jury
13. Preemptory challenges - ANSWER certain number of "strikes" given to
both sides to remove certain jurors(for any reason) except..(Baston)
also: judge has unlimited but must have a reason
14. Common motions during trial (JNOV, JMOL, summary judgement) - ANSWER
JNOV-asking the court to reverse the jury's entered verdict as a matter of law
(law applied wrong)
15. JMOL-pre-verdict. the non-movant has presented its full case and did not
meed its burden of proof, no reasonable jury could find for the other side.
summary judgement-similar to JMOL but take in account the evidence that comes
in as well as the pleadings of both sides
16. Batson case/ Batson challenge - ANSWER jurors cannot be struck on the
grounds of race or gender
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