BLAW 310 TEST PAPER 2026 QUESTIONS AND
ANSWERS GRADED A+
✔✔due process - ✔✔the defendant has the right to know they are being sued
-fair and reasonable
-both 5th and 14th amendments provided no person shall be deprived of life, liberty,
property without due process of law
✔✔service of citation - ✔✔the process of a police personnel bring the citation to the
defendant and serving them personally with the papers
✔✔in rem - ✔✔property
✔✔Where is the case held - ✔✔plaintiff must go where the defendant resides unless
Long Arm State
✔✔Long Arm state - ✔✔a state statute that permits a state to exercise jurisdiction over
nonresident defendants
✔✔Minimum Contacts - ✔✔1.) Physical presents-physical presents in your state.
2.) Cause of in jurisdiction (harm/damages)
3.) "Doing Business"-selling in your state, other complaints, revenue derived from your
state, ads in your state.
✔✔Jurisdiction in Cyberspace - ✔✔The courts have developed a sliding-scale standard.
-conducting substantial business(proper)
-some passivity, some interactivity(maybe proper)
-passive website-social media(never proper)
✔✔Gutnick Case - ✔✔Australian realtor filed a suit on defamation from Dal
Jones(business ad co.) Dal Jones won case
✔✔original jurisdiction - ✔✔The jurisdiction of courts that hear a case first, usually in a
trial. These are the courts that determine the facts about a case.
✔✔appellate - ✔✔Authority of court to review a decision of a lower court or
administrative agency.
✔✔federal system - ✔✔power is shared between federal and state
✔✔federal question - ✔✔A question that has to do with the U.S. Constitution, acts of
Congress, or treaties. A federal question provides a basis for federal jurisdiction.
, ✔✔Diversity of Citizenship - ✔✔lawsuit exceeds $75,000 and the parties are from
different states "want a neutral playing field"
✔✔concurrent jurisdiction - ✔✔power shared by federal and state courts to hear certain
cases
✔✔exclusive jurisdiction - ✔✔Jurisdiction that exists when a case can be heard only in a
particular court or type of court.
✔✔exclusive federal - ✔✔federal crimes, bankruptcy, patents, copyrights, suits against
the US
✔✔exclusive state - ✔✔cases involving all matters not subject to federal juris ex.
divorce -adoption
✔✔venue - ✔✔proper court within proper jurisdiction- appropriate physical location for a
trial
✔✔Standing to sue - ✔✔The legal requirement that an individual must have a sufficient
stake in a controversy before he or she can bring a lawsuit.
✔✔U.S. Supreme Court - ✔✔the highest court of the United States; it sits at the top of
the federal court system (judges sit for life)
✔✔Us court of appeals - ✔✔no trial- just argument among lawyers and only looks at
record of the case (3 judge panel)
✔✔Us district court - ✔✔a trial court in the federal court system (1 judge)
✔✔writ of certiorari - ✔✔A writ from a higher court asking a lower court for the record of
a case. (very hard to get)
✔✔rule of four - ✔✔four of the nine justices must agree to hear the case
✔✔Louisiana Supreme Court - ✔✔Sit in New Orleans-writ of certiorari- elected for 10
years (7 judges)
✔✔Louisiana Court of Appeals - ✔✔elected for 8 years ( 9 Judges - 3 Judge panel)
✔✔Louisiana District Court - ✔✔Elected for 6 years (11 judges)
✔✔Why US Courts sit for Life? - ✔✔The judges don't want to fear for their job everytime
they get a very controversial case
ANSWERS GRADED A+
✔✔due process - ✔✔the defendant has the right to know they are being sued
-fair and reasonable
-both 5th and 14th amendments provided no person shall be deprived of life, liberty,
property without due process of law
✔✔service of citation - ✔✔the process of a police personnel bring the citation to the
defendant and serving them personally with the papers
✔✔in rem - ✔✔property
✔✔Where is the case held - ✔✔plaintiff must go where the defendant resides unless
Long Arm State
✔✔Long Arm state - ✔✔a state statute that permits a state to exercise jurisdiction over
nonresident defendants
✔✔Minimum Contacts - ✔✔1.) Physical presents-physical presents in your state.
2.) Cause of in jurisdiction (harm/damages)
3.) "Doing Business"-selling in your state, other complaints, revenue derived from your
state, ads in your state.
✔✔Jurisdiction in Cyberspace - ✔✔The courts have developed a sliding-scale standard.
-conducting substantial business(proper)
-some passivity, some interactivity(maybe proper)
-passive website-social media(never proper)
✔✔Gutnick Case - ✔✔Australian realtor filed a suit on defamation from Dal
Jones(business ad co.) Dal Jones won case
✔✔original jurisdiction - ✔✔The jurisdiction of courts that hear a case first, usually in a
trial. These are the courts that determine the facts about a case.
✔✔appellate - ✔✔Authority of court to review a decision of a lower court or
administrative agency.
✔✔federal system - ✔✔power is shared between federal and state
✔✔federal question - ✔✔A question that has to do with the U.S. Constitution, acts of
Congress, or treaties. A federal question provides a basis for federal jurisdiction.
, ✔✔Diversity of Citizenship - ✔✔lawsuit exceeds $75,000 and the parties are from
different states "want a neutral playing field"
✔✔concurrent jurisdiction - ✔✔power shared by federal and state courts to hear certain
cases
✔✔exclusive jurisdiction - ✔✔Jurisdiction that exists when a case can be heard only in a
particular court or type of court.
✔✔exclusive federal - ✔✔federal crimes, bankruptcy, patents, copyrights, suits against
the US
✔✔exclusive state - ✔✔cases involving all matters not subject to federal juris ex.
divorce -adoption
✔✔venue - ✔✔proper court within proper jurisdiction- appropriate physical location for a
trial
✔✔Standing to sue - ✔✔The legal requirement that an individual must have a sufficient
stake in a controversy before he or she can bring a lawsuit.
✔✔U.S. Supreme Court - ✔✔the highest court of the United States; it sits at the top of
the federal court system (judges sit for life)
✔✔Us court of appeals - ✔✔no trial- just argument among lawyers and only looks at
record of the case (3 judge panel)
✔✔Us district court - ✔✔a trial court in the federal court system (1 judge)
✔✔writ of certiorari - ✔✔A writ from a higher court asking a lower court for the record of
a case. (very hard to get)
✔✔rule of four - ✔✔four of the nine justices must agree to hear the case
✔✔Louisiana Supreme Court - ✔✔Sit in New Orleans-writ of certiorari- elected for 10
years (7 judges)
✔✔Louisiana Court of Appeals - ✔✔elected for 8 years ( 9 Judges - 3 Judge panel)
✔✔Louisiana District Court - ✔✔Elected for 6 years (11 judges)
✔✔Why US Courts sit for Life? - ✔✔The judges don't want to fear for their job everytime
they get a very controversial case
