Motion to remand - Study guides, Class notes & Summaries

Chapter 3 Court Procedures TRUE/FALSE QUESTIONS A1. U.S. courts utilize the conciliatory system of justice. ANSWER: F PAGE: 50 TYPE: N NAT: AACSB Analytic AICPA Risk Analysis A2. The three major stages of litigation are pretrial, trial, and posttrial. ANSWER: T PAGE: 50 TYPE: N NAT: AACSB Analytic AICPA Critical Thinking A3. Service of process is the process of obtaining information from an opposing party before trial. ANSWER: F PAGE: 53 TYPE: N NAT: AACSB Reflective AICPA Critical Think...

Interrogatories - Written questions sent by one side to the opposing side, answered under oath. Deposition - The pretrial oral questioning of a witness under oath. Deponent - The person who is being asked questions at a deposition. Request for admissions - A document that lists statements regarding specific items for the other party to admit or deny. Dismissal with prejudice - A court order that ends a lawsuit; the suit cannot be refiled by the same parties. Pretrial conference - A meetin...

First-degree murder The owner of a 23-hour convenience store hired his friend as a sales clerk. However, when the owner noticed that large amounts of merchandise were disappearing during his friend's shift at the store, he fired his friend without offering him any chance to explain. They now play on a softball team together. During the final game of the season, while trying to make a double-play, the former clerk accidentally hit the store owner with the softball. The store owner was furious, c...

Substantive Law - defines and creates legal rights and obligations Procedural Law - rules of evidence and legal/court processes Common Law - Law that comes from court desicions Civil Law - Code of written laws that apply to all legal matters (louisana is only state which practices civil law) Hierarchy of Law - Constitution> Federal> State> City Stare Decisis - Courts will follow previous decisions in similar cases to create certainty/equality in the law and make decisions easier ...

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Personal vs. Subject Matter Jurisdiction - The court's authority over specific individuals or entities involved in a case vs. The court's authority to handle a particular type of legal dispute. Long-Arm Statutes - Enable a court to assert personal jurisdiction over out-of-state defendants based on their contacts or actions within the state Motion to Remand - Request to return a case from federal to state court, typically filed by the plaintiff, arguing that the federal court lacks jurisdi...

Motorcycle company (Del/Main) sold a motorcycle to Jackson (Maine). Shortly after the sale, he takes it back to get serviced and tells the company he is going Albany for 6-months for a job. He rents out his house and gets an apartment in Albany. In NY he has an accident involving the motorcycle because a tire blew out and he is injured. He files suit in NY seeking 100,000. He files an answer and two months later he claims lack of SMJ and lack of PJ correct answersThe court should find that there...

Chapter 3 Courts and Alternative Dispute Resolution N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank, = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. Federal courts are superior to state courts. ANSWER: F PAGE: 64 TYPE: = NAT: AACSB Analytic LOC: AICPA Legal 2. State courts are independent of f...

Paralegal 101 Exam Questions and Answers 2024 Interrogatories -Answer-Written questions sent by one side to the opposing side, answered under oath. Deposition -Answer-The pretrial oral questioning of a witness under oath. Deponent -Answer-The person who is being asked questions at a deposition. Request for admissions -Answer-A document that lists statements regarding specific items for the other party to admit or deny. Dismissal with prejudice -Answer-A court order that ends a lawsuit; th...

Chapter 3 Courts and Alternative Dispute Resolution N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank, = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. The function of the courts is to interpret and apply the law. ANSWER: T PAGE: 53 TYPE: = NAT: AACSB Analytic AICPA Legal 2. The courts can decide ...