BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
When both state and federal courts have jurisdiction over a case.
Concurrent Federal Jurisdiction
Types of Jurisdiction (3): SMJ, IRJ, QiRJ
1. Subject Matter Jurisdiction
2. In Rem Jurisdiction
3. Quasi in Rem Jurisdiction
A court's power to only hear certain kinds of cases (i.e. criminal, probate, bankruptcy, etc.)
Subject Matter Jurisdiction
Jurisdiction over a property or status of an out-of-state defendant located within the court's
jurisdiction area.
In Rem Jurisdiction
1. Jurisdiction over a defendant's property that is within the jurisdictional boundaries of the court.
2. Applies to personal suits against a defendant in which the property is not the source of the conflict
but is sought after as compensation by the plaintiff.
Quasi in Rem Jurisdiction (aka Attachment Jurisdiction)
Civil Lawsuits contain (2) parts:
Summons and Complaint
1. A legal document issued by the court to notify defendant of the lawsuit and explains how and when
to respond to the complaint.
2. This legal document is used in both civil and criminal proceedings.
Summons
1. A formal written document which begins a civil lawsuit (aka pleadings filed)
2. Specifies factual and legal basis for lawsuit along with damages the plaintiff seeks.
Complaint
The procedure by which the court delivers a copy of the statement of claim, such as summons,
complaint, or subpoena, to defendant.
Service of Process
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint.
Default Judgment
, A default judgement occurs when (2):
1. The defendant fails to answer the complaint.
2. The Plaintiff's complaint alleges facts that would support such a judgment.
Two preliminary pretrial motions are: MJP, MSJ
1. Motion for Judgment on the Pleadings
2. Motion for Summary Judgment
In a civil case, a request is made by either party, after pleadings have been entered, that asks a judge
or a court, to issue a judgement. Court will grant it if it finds that the only reasonable decision is in
favor of the moving party.
Motion for Judgment on the Pleadings
In a civil case, asserts no factual disputes exist. Asks a judge or court to promptly and expeditiously
dispose of case without a trial. Evidence admissible in trial will be considered. The court can either
hold oral arguments or decide the motion on the basis of the parties' briefs and supporting
documentation alone.
Motion for Summary Judgment ("MSJ")
In a civil case, a request by the defendant that asks a judge or court to dismiss the case because even
if all the allegations are true, the plaintiff is not entitled to any legal relief.
Motion to Dismiss (aka demurrer)
Difference between Motion for Summary Judgement and Motion for Judgment on the Pleadings is
that in MSJ, the moving party may use:
1. Affidavits
2. Relevant documents
3. Deposition transcripts or interrogatories in support of the Motion (i.e. extrinsic evidence is
considered).
The pretrial phase in a lawsuit during which each party requests relevant documents and other
evidence from the other side in an attempt to "discover" pertinent facts and avoid any surprises in the
courtroom during trial.
Discovery Phase
Common Discovery Tools (3): RID
1. Interrogatories
2. Request to Produce Documents
3. Deposition
Written questions that one party sends to the other party to be answered under oath. Done during
the pretrial phase, this is to clarify matters of evidence and help determine what facts will be
presented at a trial in the case.
UPDATE (ALREADY GRADED A+).
When both state and federal courts have jurisdiction over a case.
Concurrent Federal Jurisdiction
Types of Jurisdiction (3): SMJ, IRJ, QiRJ
1. Subject Matter Jurisdiction
2. In Rem Jurisdiction
3. Quasi in Rem Jurisdiction
A court's power to only hear certain kinds of cases (i.e. criminal, probate, bankruptcy, etc.)
Subject Matter Jurisdiction
Jurisdiction over a property or status of an out-of-state defendant located within the court's
jurisdiction area.
In Rem Jurisdiction
1. Jurisdiction over a defendant's property that is within the jurisdictional boundaries of the court.
2. Applies to personal suits against a defendant in which the property is not the source of the conflict
but is sought after as compensation by the plaintiff.
Quasi in Rem Jurisdiction (aka Attachment Jurisdiction)
Civil Lawsuits contain (2) parts:
Summons and Complaint
1. A legal document issued by the court to notify defendant of the lawsuit and explains how and when
to respond to the complaint.
2. This legal document is used in both civil and criminal proceedings.
Summons
1. A formal written document which begins a civil lawsuit (aka pleadings filed)
2. Specifies factual and legal basis for lawsuit along with damages the plaintiff seeks.
Complaint
The procedure by which the court delivers a copy of the statement of claim, such as summons,
complaint, or subpoena, to defendant.
Service of Process
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint.
Default Judgment
, A default judgement occurs when (2):
1. The defendant fails to answer the complaint.
2. The Plaintiff's complaint alleges facts that would support such a judgment.
Two preliminary pretrial motions are: MJP, MSJ
1. Motion for Judgment on the Pleadings
2. Motion for Summary Judgment
In a civil case, a request is made by either party, after pleadings have been entered, that asks a judge
or a court, to issue a judgement. Court will grant it if it finds that the only reasonable decision is in
favor of the moving party.
Motion for Judgment on the Pleadings
In a civil case, asserts no factual disputes exist. Asks a judge or court to promptly and expeditiously
dispose of case without a trial. Evidence admissible in trial will be considered. The court can either
hold oral arguments or decide the motion on the basis of the parties' briefs and supporting
documentation alone.
Motion for Summary Judgment ("MSJ")
In a civil case, a request by the defendant that asks a judge or court to dismiss the case because even
if all the allegations are true, the plaintiff is not entitled to any legal relief.
Motion to Dismiss (aka demurrer)
Difference between Motion for Summary Judgement and Motion for Judgment on the Pleadings is
that in MSJ, the moving party may use:
1. Affidavits
2. Relevant documents
3. Deposition transcripts or interrogatories in support of the Motion (i.e. extrinsic evidence is
considered).
The pretrial phase in a lawsuit during which each party requests relevant documents and other
evidence from the other side in an attempt to "discover" pertinent facts and avoid any surprises in the
courtroom during trial.
Discovery Phase
Common Discovery Tools (3): RID
1. Interrogatories
2. Request to Produce Documents
3. Deposition
Written questions that one party sends to the other party to be answered under oath. Done during
the pretrial phase, this is to clarify matters of evidence and help determine what facts will be
presented at a trial in the case.
