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Exam (elaborations)

BUS LAW UTampa Exam 1 with 100% correct answers 2024

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in rem jurisdiction sue over property Long Arm Statute permits a state to obtain personal jurisdiction over a nonresident Due Process Clause must have minimum contacts, fifth and fourteenth amendment, no person denied life, liberty, property Subject-Matter Jurisdiction limitations on the types of cases a court can hear Diversity of Citizenship amount of controversy > $75,000, between citizens of different states Forum Selection Clause in a contract, if you sue then its settled in a specific state. Choice of Law Clauses in contract, a certain law will be applied in any dispute Three tiered model District, Appeals, Supreme Writ of Certiorari request from a higher court asking the lower court for the record of a case, four justices must agree to request. Negotiation parties attempt to settle dispute informally (with or w/o attorneys) w no third party mediation neutral third party acts as mediator and works with both sides to reach a solution. arbitration arbitrator hears dispute and imposes a resolution Federal Rules of Civil Procedure rules controlling procedural matters in civil trials brought before the federal district courts. Pleadings formal statement in the beginning Summons document saying hey youre getting sued default judgement judgement where defendant does not appear in court. affirmative defense response to plaintiff, do not deny facts, attacks legal right to bring action Counterclaim defendant switches it and sues the original plaintiff motion to dismiss defendant asserts that plaintiff's claim fails to state a cause of action, suit should be dismissed. motion for summary judgement requesting court to enter judgement without a trial

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