BULW 301- UTK Exam 1 (Chyz) QUESTIONS WITH 100% SCORED A+ SOLUTIONS

Courts jurisdiction is defined by - ️️1. the subject of the lawsuit 2. the sum of the controversy 3. felony or misdemeanor 4. trial or appeal Long Arm Statutes - ️️the court can exercise jurisdiction over out-of-state defendants if they had sufficient minimum contacts to warrant it Constitutional Law - ️️Laws relating to the interpretation of the Constitution Statutory Law - ️️Law passed by the U.S. Congress or state legislatures Uniform Commercial Code - ️️the body of laws governing commercial transactions in the US. Administrative Law - ️️The body of law created by administrative agencies in order to carry out their duties and responsibilities. Federal Constitution - ️️Supreme law of the land Primary Sources of Law - ️️US Constitution and State Constitutions Statutory Law Regulations created by administrative agencies Case law and common law doctrines Secondary Sources of Law - ️️legal encyclopedias, treatises, articles in law reviews, and compilations of law State Constitutions - ️️Each of the 50 states has their own Constitution that sets forth the principles and framework for their government. Usually more detailed than the national Constitution Doctrine of Federal Preumption - ️️-Fed law State law -State law can prevail if Fed law not enforced (weed) Statutes - ️️Laws that went through the legislative process U.S. Code - ️️A compilation of all the laws passed by the U.S. Congress. Federal Agencies - ️️organizations that deal with a specific area of interest for the federal govCase Law - ️️the rules of law announced in court decisions Stare Decisis - ️️"Let the decision stand"; decisions are based on precedents from previous cases Judicial Review - ️️Allows the court to determine the constitutionality of laws Jurisdiction - ️️The authority of a court to hear a case In Personam Jurisdiction - ️️Court jurisdiction over the "person" involved in a legal action; personal jurisdiction. In Rem Jurisdiction - ️️Court jurisdiction over a defendant's property. Corporate Contacts - ️️Corporations are normally subject to personal jurisdiction in the state in which they are incorporated, have their principal office, and/or are doing business Probate Courts - ️️administers wills and estates after one dies Common Law - ️️The American legal system as a whole Remedy at Law - ️️Money for damages Remedy at equity - ️️A remedy allowed by courts in situations where money is not appropriate Civil - ️️-Money (Equity) -Plaintiff (Initiating) -Defendant (Accused) -Liable/Not Liable -Preponderance of evidence Criminal - ️️-Liberty -Government is plaintiff & defendant -Guilty/Not Guilty - Beyond Reasonable Doubt Substantive Law - ️️laws that define rights and duties Procedural Law - ️️Law that establishes the methods of enforcing the rights established by substantive law.How many types of jurisdiction must a court have to hear and decide a case? - ️️2 Types of Jurisdiction - ️️-Subject Matter Jurisdiction -In Personam Jurisdiction -In Rem Jurisdiction Subject Matter Jurisdiction - ️️judicial authority to hear a particular type of case Minimum Contacts - ️️A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant. Diversity of Citizenship - ️️The basis for Fed courts to hear cases of state law if: -Defendant and Plaintiff must be from different states -Amount in controversy must be more than $75,000 -Once the matter is in Fed court it stays in Fed court