MGMT 209 CH 2 || WITH COMPLETE SOLUTIONS.
Judicial Review correct answers The process for making decisions on whether the laws or
actions of the other two branches are constitutional or not
Marbury V. Madison correct answers Established the power of Judicial Review by saying "If
two laws conflict, the courts must decide on the operations of each..."
Jurisdiction correct answers Power of the court to speak the law
Functions of In Personam Jurisdiction correct answers - Residents of state (sued where the
Defendant is a
resident whether or not crime occurred there)
- Anyone capable of being served a summons in state
(Non-residents that are found in the state can receive
a summons paper)
- Long-Arm Jurisdiction
Long-Arm Jurisdiction correct answers Non-resident; if the Defendant has minimum contacts
with the state, they can be sued
Minimum Contacts: Defendant is a Person correct answers - Injured the plaintiff in that state
- Formed a contract in that state
- Comes regularly to state to do business
Minimum Contacts: Defendant is a Business correct answers - Does business within the state
- Advertises/sells products within the state
- Place goods in a stream of commerce expecting purchase
from residents
In Rem correct answers Jurisdiction over property; non-residents of state
In Rem Jurisdiction correct answers - Occurs in disputes where property is the subject matter
of the controversy
- Property must be within the area that the court sits
- Allows party to file an action against a non-resident
personally in a court that can exercise jurisdiction
over the nonresident's property
Subject Matter Jurisdiction correct answers Limits on types of cases a court can hear
Courts of General Jurisdiction correct answers Court that has jurisdiction to decide cases
involving a broad array of issues
Courts of Limited Jurisdiction - Federal correct answers Courts that have jurisdiction to
handle bankruptcy by federal law
Courts of Limited Jurisdiction - State correct answers Courts that have jurisdiction to handle
only disposition of a person's assets and obligations after death, including custody issues;
Probate court
, Criminal Law correct answers Seriousness of crime; some only hear felonies and some only
hear misdemeanors
Original V. Appellate Jurisdiction - Original correct answers Type of jurisdiction that a court
has when it is hearing the case for the first time; district and trial courts
Original V. Appellate Jurisdiction - Appellate correct answers Type of jurisdiction that a
court has when it is reviewing the lower court's decisions that have already been made
Federal Questions correct answers _____ arises when the Plaintiff's cause of action is based
on the claim that their U.S. Constitutional rights were violated by the Defendant
Diversity of Citizenship correct answers - Between citizens of different states
- Controversy must be worth more than $75,000
Diversity of Citizenship - Corporation correct answers Non-resident _____ is considered a
citizen of the state if it is incorporated in it or if it is the state in which its principal place of
business is located (dual-citizenship)
Concurrent V. Exclusive Jurisdiction - Concurrent correct answers Both the state and federal
courts have jurisdiction
Concurrent V. Exclusive Jurisdiction - Exclusive correct answers Only state or federal court
has jurisdiction
- State: divorce and adoption
- Federal: Bankruptcy and patents
"Sliding Scale" Standard correct answers Courts have identified three types of Internet
business contact:
1. Substantial business conducted over the internet
a. You can be sued in any state you do online
business in
2. Some interactivity through a website
3. Passive advertising
Venue correct answers Geographic location that is most appropriate to hold the trial
General Rule correct answers The venue is considered to be proper if it is where the
Defendant is a resident or where the cause of action occurred
Reasons Courts can change Venues correct answers - It is in the interest of Justice/Fair trial
- It is convenient for the parties
Interest of Justice correct answers Example:
In Jasper, TX 3 white men hog tie an African American man to the back of a pickup truck
and drug him to his death, so they are arrested. Since they are very well known in their
hometown, the judge can request a change of venue as long as it is in Texas
Judicial Review correct answers The process for making decisions on whether the laws or
actions of the other two branches are constitutional or not
Marbury V. Madison correct answers Established the power of Judicial Review by saying "If
two laws conflict, the courts must decide on the operations of each..."
Jurisdiction correct answers Power of the court to speak the law
Functions of In Personam Jurisdiction correct answers - Residents of state (sued where the
Defendant is a
resident whether or not crime occurred there)
- Anyone capable of being served a summons in state
(Non-residents that are found in the state can receive
a summons paper)
- Long-Arm Jurisdiction
Long-Arm Jurisdiction correct answers Non-resident; if the Defendant has minimum contacts
with the state, they can be sued
Minimum Contacts: Defendant is a Person correct answers - Injured the plaintiff in that state
- Formed a contract in that state
- Comes regularly to state to do business
Minimum Contacts: Defendant is a Business correct answers - Does business within the state
- Advertises/sells products within the state
- Place goods in a stream of commerce expecting purchase
from residents
In Rem correct answers Jurisdiction over property; non-residents of state
In Rem Jurisdiction correct answers - Occurs in disputes where property is the subject matter
of the controversy
- Property must be within the area that the court sits
- Allows party to file an action against a non-resident
personally in a court that can exercise jurisdiction
over the nonresident's property
Subject Matter Jurisdiction correct answers Limits on types of cases a court can hear
Courts of General Jurisdiction correct answers Court that has jurisdiction to decide cases
involving a broad array of issues
Courts of Limited Jurisdiction - Federal correct answers Courts that have jurisdiction to
handle bankruptcy by federal law
Courts of Limited Jurisdiction - State correct answers Courts that have jurisdiction to handle
only disposition of a person's assets and obligations after death, including custody issues;
Probate court
, Criminal Law correct answers Seriousness of crime; some only hear felonies and some only
hear misdemeanors
Original V. Appellate Jurisdiction - Original correct answers Type of jurisdiction that a court
has when it is hearing the case for the first time; district and trial courts
Original V. Appellate Jurisdiction - Appellate correct answers Type of jurisdiction that a
court has when it is reviewing the lower court's decisions that have already been made
Federal Questions correct answers _____ arises when the Plaintiff's cause of action is based
on the claim that their U.S. Constitutional rights were violated by the Defendant
Diversity of Citizenship correct answers - Between citizens of different states
- Controversy must be worth more than $75,000
Diversity of Citizenship - Corporation correct answers Non-resident _____ is considered a
citizen of the state if it is incorporated in it or if it is the state in which its principal place of
business is located (dual-citizenship)
Concurrent V. Exclusive Jurisdiction - Concurrent correct answers Both the state and federal
courts have jurisdiction
Concurrent V. Exclusive Jurisdiction - Exclusive correct answers Only state or federal court
has jurisdiction
- State: divorce and adoption
- Federal: Bankruptcy and patents
"Sliding Scale" Standard correct answers Courts have identified three types of Internet
business contact:
1. Substantial business conducted over the internet
a. You can be sued in any state you do online
business in
2. Some interactivity through a website
3. Passive advertising
Venue correct answers Geographic location that is most appropriate to hold the trial
General Rule correct answers The venue is considered to be proper if it is where the
Defendant is a resident or where the cause of action occurred
Reasons Courts can change Venues correct answers - It is in the interest of Justice/Fair trial
- It is convenient for the parties
Interest of Justice correct answers Example:
In Jasper, TX 3 white men hog tie an African American man to the back of a pickup truck
and drug him to his death, so they are arrested. Since they are very well known in their
hometown, the judge can request a change of venue as long as it is in Texas
