Law Test 1 Review

Question 1

For Federal Courts to have Jurisdiction there must be…

Answer 1

Diversity in citizenship and exceeds $75,000
Or
Federal Issue (federal constitution, statute, question)

Question 2

When a plaintiff decides to sue, what 2 things must they have their attorney make?

Answer 2

Complaint

Summons

Question 3

Arbitration

Answer 3

The use of a judge to settle a dispute

Question 4

Federal and state courts may have what 2 types of jurisdiction?

Answer 4

Concurrent Jurisdiction

Exclusive Jurisdiction

Question 5

Who should the summons and complaint be served to?

Answer 5

Defendant

Question 6

What are 2 examples of tort?

Answer 6

Intentional Tort

Unintentional Tort

Question 7

What are the 2 parts of a summons?

Answer 7

Notifies the defendant of the action

Requires the defendant to answer

Question 8

What are the 3 phases of trial court?

Answer 8

Pretrial
Trial
Post Trial

Question 9

Civil Actions are usually based on what 2 things?

Answer 9

Tort

Contract

Question 10

Severity of Offense

Answer 10

How bad the case is

Question 11

What is an example of In Rem jurisdiction?

Answer 11

Property

Question 12

Tort

Answer 12

Civil wrong

Question 13

What are the 3 basic things that a plaintiff needs to have for a successful lawsuit?

Answer 13

Jurisdiction
Legal Theory
Remedy

Question 14

What are the 3 ways a defendant can respond with the answer to the summons?

Answer 14

Admit or deny allegations
Failure to answer
Bring up counterclaims

Question 15

Specific Performance

Answer 15

The performance of a duty on a contract

Question 16

What are 3 examples of equitable remedy?

Answer 16

Injunction
Recession
Specific Performance

Question 17

What are the 2 forms of remedy

Answer 17

Legal Remedy

Equitable Remedy

Question 18

A judge in a arbitration is called the …

Answer 18

Arbitrator

Question 19

What are 2 examples of in personam jurisdiction?

Answer 19

Real people present

Corporation

Question 20

What are the 3 parts of the complaint?

Answer 20

Jurisdiction
Legal Theory
Remedy

Question 21

Where do lawsuits begin?

Answer 21

A jury

Question 22

What are the 3 types of Discovery?

Answer 22

Deposition
Interrogatories
Requests to admit

Question 23

In personam jurisdiction

Answer 23

Jurisdiction over a person

Question 24

What are the 3 types of motions?

Answer 24

Evidentiary
Default Judgement
Summary Judgement

Question 25

In Rem Jurisdiction

Answer 25

Jurisdiction over a thing

Question 26

What are 3 examples of unintentional tort?

Answer 26

Negligence
Nuisance
Product Liability

Question 27

What can result in a failure to answer

Answer 27

Default judgement

Question 28

What is it called when jurisdiction in one state can be extended to a different state?

Answer 28

Long Arm Statute

Question 29

What are the 3 attempts to settle?

Answer 29

Arbitration
Mediation
Informal Negotiation

Question 30

What are the 4 Pretrial parts?

Answer 30

Service of process
Discovery
Motions
Attempt to Settle

Question 31

What are 3 examples of intentional torts?

Answer 31

Assault
Battery
Invasion of Privacy

Question 32

What 5 things can jurisdiction be determined by?

Answer 32

In personam
In Rem 
Subject Matter
Amount in Controversy
Severity of Offense

Question 33

What is an example of administrative law

Answer 33

Workers compensation

Question 34

Amount in Controversy

Answer 34

The amount of money in the case

Question 35

What are the 3 parts to service of process?

Answer 35

Summons
Complaint
Answer