Law Test 1 Review Flashcards
For Federal Courts to have Jurisdiction there must be…
Diversity in citizenship and exceeds $75,000
Or
Federal Issue (federal constitution, statute, question)
When a plaintiff decides to sue, what 2 things must they have their attorney make?
Complaint
Summons
Arbitration
The use of a judge to settle a dispute
Federal and state courts may have what 2 types of jurisdiction?
Concurrent Jurisdiction
Exclusive Jurisdiction
Who should the summons and complaint be served to?
Defendant
What are 2 examples of tort?
Intentional Tort
Unintentional Tort
What are the 2 parts of a summons?
Notifies the defendant of the action
Requires the defendant to answer
What are the 3 phases of trial court?
Pretrial
Trial
Post Trial
Civil Actions are usually based on what 2 things?
Tort
Contract
Severity of Offense
How bad the case is
What is an example of In Rem jurisdiction?
Property
Tort
Civil wrong
What are the 3 basic things that a plaintiff needs to have for a successful lawsuit?
Jurisdiction
Legal Theory
Remedy
What are the 3 ways a defendant can respond with the answer to the summons?
Admit or deny allegations
Failure to answer
Bring up counterclaims
Specific Performance
The performance of a duty on a contract
What are 3 examples of equitable remedy?
Injunction
Recession
Specific Performance
What are the 2 forms of remedy
Legal Remedy
Equitable Remedy
A judge in a arbitration is called the …
Arbitrator
What are 2 examples of in personam jurisdiction?
Real people present
Corporation
What are the 3 parts of the complaint?
Jurisdiction
Legal Theory
Remedy
Where do lawsuits begin?
A jury
What are the 3 types of Discovery?
Deposition
Interrogatories
Requests to admit
In personam jurisdiction
Jurisdiction over a person
What are the 3 types of motions?
Evidentiary
Default Judgement
Summary Judgement
In Rem Jurisdiction
Jurisdiction over a thing
What are 3 examples of unintentional tort?
Negligence
Nuisance
Product Liability
What can result in a failure to answer
Default judgement
What is it called when jurisdiction in one state can be extended to a different state?
Long Arm Statute
What are the 3 attempts to settle?
Arbitration
Mediation
Informal Negotiation
What are the 4 Pretrial parts?
Service of process
Discovery
Motions
Attempt to Settle
What are 3 examples of intentional torts?
Assault
Battery
Invasion of Privacy
What 5 things can jurisdiction be determined by?
In personam In Rem Subject Matter Amount in Controversy Severity of Offense
What is an example of administrative law
Workers compensation
Amount in Controversy
The amount of money in the case
What are the 3 parts to service of process?
Summons
Complaint
Answer
