100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LES 305 Questions & 100% Correct AnswersLatest Test | Graded A+ | Passed $13.09   Add to cart

Exam (elaborations)

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

 4 views  0 purchase
  • Course
  • LES 305
  • Institution
  • 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 ...

[Show more]

Preview 4 out of 42  pages

  • September 6, 2024
  • 42
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • LES 305
  • LES 305
avatar-seller
TestTrackers
2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!



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



1|Page | Grade A+| 2024/2025

,2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!

✓ -:- 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




2|Page | Grade A+| 2024/2025

,2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!

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




3|Page | Grade A+| 2024/2025

, 2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!

✓ -:- 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.




4|Page | Grade A+| 2024/2025

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 TestTrackers. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $13.09. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

79223 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$13.09
  • (0)
  Add to cart