BUSINESS LAW EXAM CHAPTERS 1-8

One way in which state trial courts differ from courts of limited jurisdiction is that only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings. decisions in courts of limited jurisdiction are always made by a jury. trial courts have greater limits on civil damages and criminal penalties. they are not governed by the same subject-matter restrictions. one has original jurisdiction, while the other has appellate jurisdiction. State appellate courts generally include traffic courts, probate courts, and small claims courts. reject the trial court's findings of fact. decide only legal questions. receive new evidence. retry cases. In order to render a binding decision in a civil case, a state court must have appellate jurisdiction. venue. in personam jurisdiction and in rem jurisdiction. diversity jurisdiction. in personam jurisdiction or in rem jurisdiction. The $75,000 amount in controversy requirement applies to in rem jurisdiction. federal diversity jurisdiction. subject-matter jurisdiction. in personam jurisdiction. federal question jurisdiction. When both state and federal courts have jurisdiction over a case, exists. diversity jurisdiction a forum selection clause concurrent jurisdiction venue a federal question jurisdiction "This contract shall be governed by the laws of the State of California. Any claim or dispute must be resolved exclusively by a state or a federal court located in Santa Clara County, California." The above is an example of a fact finder. a motion for removal. a statement of concurrent jurisdiction. a case of limited jurisdiction. a forum selection clause One way in which state trial courts differ from courts of limited jurisdiction is that one has original jurisdiction, while the other has appellate jurisdiction. decisions in courts of limited jurisdiction are always made by a jury. they are not governed by the same limits on civil damages or criminal penalties. trial courts are limited by greater subject-matter restrictions. only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings. The two most important bases of federal court jurisdiction are in personam and federal question jurisdiction. federal question and in rem jurisdiction. federal question and diversity jurisdiction. in personam jurisdiction and in rem jurisdiction. in personam and federal question jurisdiction. In personam jurisdiction is based on the type of dispute involved in the case. the citizenship of both parties. the residence, location, or activities of the defendant. the presence of property within the forum state. venue. State courts can establish in personam jurisdiction over out-of-state defendants by proving that federal due process is being violated. showing that property in dispute is located within the state. establishing that plaintiff engaged in business with defendant's home state. showing that the amount in controversy exceeds $75,000. applying a long-arm statute. Whether a case is brought in one county or another is a question of appeal. venue. jurisdiction. citizenship. claim. Contract clauses stating that disputes between the parties must be litigated in the courts of a particular state are known as clauses of limited jurisdiction. venue requirements. motions for removal. statements of concurrent jurisdiction. forum selection clauses. One way in which state trial courts differ from courts of limited jurisdiction is that decisions in courts of limited jurisdiction are always made by a jury. trial courts have greater limits on civil damages and criminal penalties. trial courts are limited by greater subject-matter restrictions. one has original jurisdiction, while the other has appellate jurisdiction. trial courts are courts of record that keep detailed records of hearings, trials, and other proceedings. Federal diversity jurisdiction requires a case to be between citizens of different states, and concurrent jurisdiction with an appropriate state court. the case to arise under the Constitution, laws, or treaties of the United States. the amount in controversy to exceed $75,000. the amount in controversy to be under $5000. any property in dispute to be located within district boundaries. In rem jurisdiction is based on the presence of property within the forum state. the type of dispute involved in the case. the citizenship of both parties. venue. the residence, location, or activities of the defendant. If a person who lives in one state does business within another state, contracts to supply goods or services within another state, or commits a tort (a civil wrong) in another state, that person may become subject to the jurisdiction of the other state's courts through proof of a due process violation. a property dispute within the state. plaintiff's motion for removal. application of a long-arm statute. the amount in controversy requirement. Venue normally determines the amount in controversy. terms of service. title to land. the county in which a case is brought. the power of the court to hear the case. Which of the following items are contained in the complaint? The basis for the court's subject-matter jurisdiction over the case. The names of the parties to the case. A request for a jury. All of these are included in the complaint. The relief the plaintiff is seeking. Preventing the case from going to trial is the purpose of which of the following step(s) in civil litigation? Only interrogatories Only a reply Only a motion for judgment on the pleadings A motion for judgment on the pleadings and a motion for summary judgment Only a motion for summary judgment Which document initiates the lawsuit? Answer Motion for summary judgment Interrogatory Reply Complaint At the same time the parties filed interrogatories, they could have also filed a request for the production of documents. Both of these filings are part of the process. discovery pleadings ADR voir dire hearing In certain situations, lawsuits are not the best means for resolving civil disputes. Accordingly, has assumed increasing importance in recent years. the demurrer the discovery process alternative dispute resolution (ADR) the pretrial conference litigiousness The form of ADR that involves a contract whereby the defendant, without admitting liability, agrees to pay the plaintiff a sum of money in exchange for the plaintiff's promise to drop the claim against the defendant is called . minitrial annexation mediation arbitration settlem