BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
Jurisdiction
"to speak, law." Courts' power to hear cases and render decisions that bind the parties before them.
Courts of original jurisdiction (trial courts)
Have the power to hear and decide cases when they first enter the legal system.
Parties present evidence and call witnesses to testify.
For state court systems: Courts of common pleas or county courts.
For Federal court systems: district courts.
Courts of appellate jurisdiction (appellate courts)
Have the power to review previous judicial decisions to determine whether trail courts erred in their
decisions.
Do not hold trials. Rather, appellate judges review transcripts of trial court proceedings and occasionally
consider additional oral and written arguments from each party.
Handle questions of law, not questions of fact.
Questions of law
Question of law concerns interpretation or application of a law.
Only judges can decide questions of law.
Questions of fact
Question of fact is a question about an event or characteristic in a case.
Questions of fact are decided in the trial court.
In a bench trial (trial with no jury), judge decides questions of fact.
In a jury trial, the jury decides questions of fact.
Appellate courts can overrule trial courts' decisions on questions of fact.
In personam jurisdiction
, a court's power to render a decision affecting the rights of the specific persons before the court.
For state court system: usually extends to the state's borders.
For federal court system: extends across geographic district.
Plantiff
one filing lawsuit with the court.
Defendant
Person the plaintiff is suing
Complaint
specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks
Summons
A court order that notifies the defendant of the lawsuit and explains how and when to respond to the
complaint.
Service of process
procedure by which courts present these documents to defendants.
Corporations are subject to in personal jurisdiction in three locations:
1. The state of their incorporations
2. The location of their man offices
3. The geographic areas in which they conduct business
Long-arm statues
Enable the court to serve defendants outside the state as long as the defendant has sufficient minimum
contacts within the state and it seems fair to assert long-arm jurisdiction over him or her.
Established in 1945 (International shoe co. v. State of Washington).
In rem jurisdiction
Jurisdiction over a thing. Not a person.
Ex. of in rem
Suppose a Utah resident had not paid property taxes on a piece of land sh owned in Idaho. Idaho state
court has the power to seize the property and sell it to pay the property taxes in an in rem proceeding.
Quasi in rem jurisdiction (or attachment jurisdiction)
Courts can gain this over a defendant's property unrelated to the plaintiff's claim.
Ex. of Quasi in rem jurisdiction
UPDATE (ALREADY GRADED A+).
Jurisdiction
"to speak, law." Courts' power to hear cases and render decisions that bind the parties before them.
Courts of original jurisdiction (trial courts)
Have the power to hear and decide cases when they first enter the legal system.
Parties present evidence and call witnesses to testify.
For state court systems: Courts of common pleas or county courts.
For Federal court systems: district courts.
Courts of appellate jurisdiction (appellate courts)
Have the power to review previous judicial decisions to determine whether trail courts erred in their
decisions.
Do not hold trials. Rather, appellate judges review transcripts of trial court proceedings and occasionally
consider additional oral and written arguments from each party.
Handle questions of law, not questions of fact.
Questions of law
Question of law concerns interpretation or application of a law.
Only judges can decide questions of law.
Questions of fact
Question of fact is a question about an event or characteristic in a case.
Questions of fact are decided in the trial court.
In a bench trial (trial with no jury), judge decides questions of fact.
In a jury trial, the jury decides questions of fact.
Appellate courts can overrule trial courts' decisions on questions of fact.
In personam jurisdiction
, a court's power to render a decision affecting the rights of the specific persons before the court.
For state court system: usually extends to the state's borders.
For federal court system: extends across geographic district.
Plantiff
one filing lawsuit with the court.
Defendant
Person the plaintiff is suing
Complaint
specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks
Summons
A court order that notifies the defendant of the lawsuit and explains how and when to respond to the
complaint.
Service of process
procedure by which courts present these documents to defendants.
Corporations are subject to in personal jurisdiction in three locations:
1. The state of their incorporations
2. The location of their man offices
3. The geographic areas in which they conduct business
Long-arm statues
Enable the court to serve defendants outside the state as long as the defendant has sufficient minimum
contacts within the state and it seems fair to assert long-arm jurisdiction over him or her.
Established in 1945 (International shoe co. v. State of Washington).
In rem jurisdiction
Jurisdiction over a thing. Not a person.
Ex. of in rem
Suppose a Utah resident had not paid property taxes on a piece of land sh owned in Idaho. Idaho state
court has the power to seize the property and sell it to pay the property taxes in an in rem proceeding.
Quasi in rem jurisdiction (or attachment jurisdiction)
Courts can gain this over a defendant's property unrelated to the plaintiff's claim.
Ex. of Quasi in rem jurisdiction
