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LES 305 Exam Questions And Answers @ 2024
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LES 305 Exam Questions And Answers @ 2024...
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LES 305 Exam Questions And Answers @ 2024Civil Laws - Answer Law that is designed to compensate individual parties for losses
caused by another's conduct
Preemption - Answer 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: - Answer - 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: - Answer Subject
matter jurisdiction and personal jurisdiction
Appellate courts - Answer set precedent
Statutes - Answer Passed by the federal or a state legislature and are either
approved/rejected by the executive branch
Federal Jurisdiction Law originates: - Answer from the US Constitution
State Courts - Answer adjudicates cases arising under state statutes, state common law,
or state constitutional law
Federal Courts - Answer 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: - Answer State trial courts and state appellate courts
State Trial Courts - Answer 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) - Answer 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) - Answer to send a case back to a lower court to be tried again
State Appellate Courts - Answer 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 - Answer 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 - Answer 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.
- exercises appellate authority over state supreme courts when a federal issue is involved
Writ of Certiorari - Answer A discretionary order issued by the Supreme Court granting a
request to argue an appeal.
- party filing for appeal must file a petition for writ of certiorari
- 4 of 9 justices must vote to hear case before appeal is accepted
(An order by a higher court directing a lower court to send up a case for review)
Circuit Split - Answer when two or more circuit courts have different rules on the same
issue of law; often the Supreme Court will step in to resolve the split
Jurisdiction - Answer a court's authority to hear and decide cases
- must have personal jurisdiction and subject matter jurisdiction
Venue - Answer The geographical district in which an action is tried and from which the
jury is selected.
- State statutes provide that venue in a civil case where defendant resides or is
headquartered
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