Long arm statutes - Study guides, Class notes & Summaries

discovery includes - interrogatories, requests for admission, requests for documents, subpoenas, depositions discovery rules - discovery is allowed regarding any matter that is relevant to the claim or defense of any party define a controlling precedent - a binding authority that requires a court to follow prior court decisions in its jurisdiction a party may appeal 4 things - a verdict, legal issue, motion, adverse court ruling a trial just by a judge is a - bench trial action of law/eq...

BUL3310 UPDATED Exam Questions and CORRECT Answers State long arm statutes permit states to obtain personal jurisdiction over non-resident defendants regardless of the case facts. - Ans False It is a common law doctrine under which judges are obligated to follow the precedents established in a prior decision. - Ans What is stare decisis

Primary Source of Law - Answer-a document that *establishes the law* on a particular issue, such as constitution, a statute, an administrative rule, or a court decision. Constitutional Law (4 sources of law) - Answer-law based on documents setting forth for the general organizations, powers, and limits of the government. Executive Orders - Answer-Legally binding directive from the president. Treaties - Answer-written agreements by 2 or more countries. -becomes legally binding when approved...

Authoritative opinion vs persuasive opinion - ️️An authoritative opinion is binding on lower courts and courts in the same jurisdiction, while a persuasive opinion serves only to act as a point of precedence, and is persuading to any court ruling on a similar case. Exclusive jurisdiction vs Concurrent jurisdiction - ️️Exclusive jurisdiction is jurisdiction that is granted to either state or federal courts over certain areas, such as federal crimes and bankruptcy for federal courts. ...

Personal Jurisdiction-Traditional - Traditional ways of asserting personal jurisdiction include: 1) domicile 2) presence in the state when served 3) consent Personal Jurisdiction-Nonresidents - 1) state long arm statutes 2) constitutional limitations a) minimum contacts i) purposeful availment ii) foreseeability b) relatedness of claim to contact i) specific jurisdiction: claim arises from activity in the state ii) systematic and continuous activity of the defendant in the state such ...

Primary Sources of Law - correct answer 1. Constitutional Law 2. Statutory Law 3. Administrative Law 4. Case Law Constitutional Law - correct answer Law based on documents that set forth the general organization, power, and limits of their respective government. Supreme law of the land in the United States - correct answer The United States Consti...

BLAW 3391 TTU Exam 1 Questions With Verified Answers Laws rules governing relationships among individuals and between individuals and their society. Priorities of Law? (Highest to lowest) Federal Constitution Federal Statutes State Constitution State Statutes Local Ordinances Conflict Order of precedence Agencies created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS). Carry out all functions of the federal government (legislati...

GVPT 331 EXAM 1 Latest Update Graded A Natural Law that law which reflects, or is based on, the built-in sense of right and wrong that exists within every person at birth - loses its power where there is no consensus about what is morally right/wrong in a society Utilitarian Law law that focuses on the social usefulness of legislation rather than on metaphysical notions of goodness and justice Analytical Positivism a theory that asserts that law is a self-sufficient system of legal rules that ...

When a case titled Johnson v. Smith is originally filed, Smith is: a. the attorney for Johnson. b. the defendant. c. the reporter. d. the plaintiff. correct answers b. the defendant When a case is appealed from the original court or jurisdiction to another court or jurisdiction, the party appealing the case is called the: a. appellant. b. respondent. c. litigant. d. appellee. correct answers a. appellant. A court decision that furnishes an example or authority for deciding subseque...

LAW AND BUSINESS EXAM 1, WELKER, USF, BUL 3320 QUESTIONS WITH ANSWERS UPDATED Writ of Certiorari - Answer-An official notice that the Supreme Court will review a case. Federal Question - Answer-Type of Jurisdiction of Federal Courts: Cases arising under the U.S. Constitution, treaties, and federal statutes and regulations. Diversity of Citizenship - Answer-Type of Jurisdiction of Federal Courts: Cases between citizens of different states or between a citizen of a state and a citizen or su...