BLAW 3310 EXAM 3 REVIEW COMPLETE
QUESTION BANK AND ANSWER KEY 2026
◉ Why Davis v. Baugh Industrial Contractors Court overturn its
precedent? Answer: Court concluded that the doctrine of completion
and acceptance is "outmoded, incorrect, and harmful"
◉ The reasons a court may ignore precedent according to the
Tennessee Supreme court Answer: when the prior precedent
conflicts with a constitutional provision
◉ Executive Order Answer: President or governor creates law by
issuing executive orders requiring agencies to do certain things
within the executive's scope of authority
◉ Public Law vs. Private Law Answer: Public law concerns the legal
relationship between members of society and the government
Private law sets forth rules governing the legal relationships among
members of society
*Contract Law
◉ Criminal law punishes people who commit wrongs against the
government/society Answer:
,◉ Judicial Immunity Answer: A judge is absolute immune from suit
for damages for judiciary acts.
◉ The holding of Martin v. Smith Answer: Dr. Smith clearly served an
integral role to the judicial process and we accordingly hold that he
is entitled quasi-judicial immunity.
◉ Definition of original jurisdiction Answer: Power of the court to
take a lawsuit at its beginning, try it, and pass judgment upon the
law and facts; disputes first brought and tried
◉ Appellate Jurisdiction Answer: Authority of the court to review a
decision of a lower court or administrative agency.
◉ Basic system for state court systems Answer: All states have trials
courts, some states have intermediate appellate courts, and all states
have a supreme court
◉ Courts of original jurisdiction means a trial court where disputes
are brought and tried Answer:
◉ Jurisdiction Answer: "The power to speak of the law." A court's
jurisdiction defines the limits within which it may declare,
administer, or apply the law
, ◉ Personal Jurisdiction Answer: A court's authority to adjudicate
the rights and liability of the defendant
◉ Two types of jurisdiction a court must have to render a judgement
over the parties Answer: 1. Subject-matter jurisdiction
2. Personal jurisdiction over
a) the person of the defendant or
b) the property of the defendant
◉ Where does the court's get their subject matter jurisdiction?
Answer: The constitution or a statute regarding the types of disputes
a court can accept to resolve.
◉ Example of a subject matter jurisdiction statute Answer: A statute
that limits a court to hearing cases above a certain amount in
dispute
◉ What is Diversity-of-citizenship jurisdiction? Answer: Allowing
federal jurisdiction when a dispute arises between citizens of
different states to provide a neutral forum for handling such
disputes
*Subject matter jurisdiction
QUESTION BANK AND ANSWER KEY 2026
◉ Why Davis v. Baugh Industrial Contractors Court overturn its
precedent? Answer: Court concluded that the doctrine of completion
and acceptance is "outmoded, incorrect, and harmful"
◉ The reasons a court may ignore precedent according to the
Tennessee Supreme court Answer: when the prior precedent
conflicts with a constitutional provision
◉ Executive Order Answer: President or governor creates law by
issuing executive orders requiring agencies to do certain things
within the executive's scope of authority
◉ Public Law vs. Private Law Answer: Public law concerns the legal
relationship between members of society and the government
Private law sets forth rules governing the legal relationships among
members of society
*Contract Law
◉ Criminal law punishes people who commit wrongs against the
government/society Answer:
,◉ Judicial Immunity Answer: A judge is absolute immune from suit
for damages for judiciary acts.
◉ The holding of Martin v. Smith Answer: Dr. Smith clearly served an
integral role to the judicial process and we accordingly hold that he
is entitled quasi-judicial immunity.
◉ Definition of original jurisdiction Answer: Power of the court to
take a lawsuit at its beginning, try it, and pass judgment upon the
law and facts; disputes first brought and tried
◉ Appellate Jurisdiction Answer: Authority of the court to review a
decision of a lower court or administrative agency.
◉ Basic system for state court systems Answer: All states have trials
courts, some states have intermediate appellate courts, and all states
have a supreme court
◉ Courts of original jurisdiction means a trial court where disputes
are brought and tried Answer:
◉ Jurisdiction Answer: "The power to speak of the law." A court's
jurisdiction defines the limits within which it may declare,
administer, or apply the law
, ◉ Personal Jurisdiction Answer: A court's authority to adjudicate
the rights and liability of the defendant
◉ Two types of jurisdiction a court must have to render a judgement
over the parties Answer: 1. Subject-matter jurisdiction
2. Personal jurisdiction over
a) the person of the defendant or
b) the property of the defendant
◉ Where does the court's get their subject matter jurisdiction?
Answer: The constitution or a statute regarding the types of disputes
a court can accept to resolve.
◉ Example of a subject matter jurisdiction statute Answer: A statute
that limits a court to hearing cases above a certain amount in
dispute
◉ What is Diversity-of-citizenship jurisdiction? Answer: Allowing
federal jurisdiction when a dispute arises between citizens of
different states to provide a neutral forum for handling such
disputes
*Subject matter jurisdiction
