Jurisidiction - Guides d'étude, Notes de cours & Résumés

Elements of Negligence - ️️1- Does the defendant owe a duty to defendant? 2- Did defendant "breach" that duty?... 3- By "proximately causing"... 4- Damages Exclusive Jurisdiction - ️️- Sole jurisdiction of a federal court to hear and decide cases involving specified subject matters Plaintiff - ️️files the lawsuit Defendant - ️️criminal and/or civil offensor Proximate Cause - ️️- foreseeable to the defendant - not a superseding cause to break the chain of causatio...

Contact for Personal Jurisdiction There must be relevant contact between D and the forum state. There are two factors to address: (1) The contact must result from PURPOSEFUL AVAILMENT; and (2)FORESEEABILITY: It must be foreseeable that the D could get sued in the forum. Relatedness for Personal Jurisidiction Relatedness between this contact and P's claim. (1) General PJ; or, (2) Specific PJ. Fairness in PJ (1) Burden Convenience`; (2) State's Interest (3) Plaintiff's Int...

Arrest - Answer- is a "seizure" of the person and is the taking into custody to answer a criminal charge. What are the requirements for an arrest warrant? - Answer- 1. Name of the person to be arrested 2. reasonably specific description. 3. Magistrate signature What must an officer file to receive an arrest warrant? - Answer- A sworn affidavit, called a complaint, that contains facts that allow a dtermination of probable cause. Four corners rule - Answer- The rule that the magistra...

What does the term "Forum Non Conveniens" mean? a) Your case is dismissed for improper venue b) Your case is transferred specifically to benift witnesses for said case c) A court may resist imposition upon its jurisdiction, even when jurisidiction is authorized by a general venue statute d) Lacking Personal Jurisidction specifically to move forward with case. correct answer: c) A court may resist imposition upon its jurisdiction, even when jurisidiction is authorized by a general venue ...

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Clemson Law 3220 test 1 questions and answers 100% pass trial court is also known as... trial of jurisdiction lower courts, also known as trial court, looks at issues of... fact if there is no jury, who makes the decision in trial court? judge who gives all the evidence in trial court? witness who applies the law in trial court? judge appellate courts are also known as... court of appellate jurisdiction appellate courts looks at issues of... law how many judges are there in an appellate c...

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SCCJA PRE ACADEMY FINAL QUESTIONS AND ANSWERS 100% CORRECT 2023 What circuit court does South Carolina fall under 4th circuit What are the 2 branches of circuit court 1. common pleas - civil 2. general sessions - criminal what court has jurisdiction over matters involving wills, estates, etc. and has no criminal jurisdiction probate court Works through creation and continual revision and expansion of laws by judges as they make rulings on legal matters common law ...

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When does a Florida Court have Personal Jurisidiction - correct answer 1. Satisfy a Florida Statute 2. Satisfy the U.S. constitution Florida Civil Procedure: Personal Jurisdiction: How is a Florida Statute satisfied? - correct answer 1. PRESENT when SERVED without force or trick. 2. DOMICLE 3. incorporated 4. Substantial and not isolated activity in Florida.- if D is at home in Florida. 5. Long-arm Statute: must arise out of the D OPERATING a business or office in Fl...