©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
LPP 255 Midterm Exam Study Guide.
Civil law - answer✔requires a preponderance of the evidence. (5/6)
criminal law - answer✔beyond a reasonable doubt (12/12)
case precedent - answer✔each decision and interpretation becomes a legal precedent.
stare decisis - answer✔"to stand on things decided"
binding authority - answer✔constitution, supreme court cases, federal and state statutes
persuasive authority - answer✔court decisions from other jurisdictions
legal realism - answer✔law is not simply a result of the written law, but a product of the views
of the judicial decision makers, as well, as social, economic, and contextual influences.
jurisdiction - answer✔courts power to speak on a matter
original jurisdiction - answer✔power of a court to hear a case for the first time.
appellate jurisdiction - answer✔power to reverse a decision
personal jursdiction - answer✔a court's jurisdiction over the parties to a lawsuit. need In
Personam, In Rem, or a long-arm statute
in personam jurisdiction - answer✔power of a court to compel the presence of the parties to a
dispute to appear before the court and litigation
4 ways to get "in personam" - answer✔1. Domicile
2. Tag Jurisdiction (Served)
3. Forum Selection Clause (contract)
4. consent
long arm statutes - answer✔courts use these statutes for non-resident parties based on
previous contacts in that state.
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, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
Marbury vs Madison - answer✔establised judicial review
general jurisdiction - answer✔any matter except a few
limited jurisdiction - answer✔limited amount of cases to choose from
exclusive jurisdiction - answer✔authority of only federal courts to hear and decide cases
concurrent jurisdiction - answer✔authority shared by both federal and state courts
subject matter jurisdiction - answer✔federal question or diversity of citizenship
federal question - answer✔are the rights of a party created by federal law or the constitution
diversity of citizenship - answer✔opposing parties are not domiciled in the same state. the
amount is greater than $75,000
online jurisdiction - answer✔courts use a sliding scale. "passive website" to "substantial
business interaction"
2 domiciles of a business - answer✔where they are incorporated and the principle place of
business
venue - answer✔specific court location
standing to sue - answer✔a party must have suffered a legal injury and have a sufficient stake
in the controversy
factor test for standing to sue - answer✔1. harmed in some way or imminent and concrete risk
2. causation
3. redress-ability- court has to be able to do what you're suing for
trial courts - answer✔general jurisdiction, both civil and criminal cases
state courts - answer✔limited jurisdiction
small claims court - answer✔informal, less than 5,000
appellate courts - answer✔deciding a matter of law, not fact. they review trial courts to
determine whether proper procedure took place
writ of certiorari - answer✔an order by a higher court directing a lower court to send up a case
for review (4/9)
2|Page
11/16/2024 10:16 AM
LPP 255 Midterm Exam Study Guide.
Civil law - answer✔requires a preponderance of the evidence. (5/6)
criminal law - answer✔beyond a reasonable doubt (12/12)
case precedent - answer✔each decision and interpretation becomes a legal precedent.
stare decisis - answer✔"to stand on things decided"
binding authority - answer✔constitution, supreme court cases, federal and state statutes
persuasive authority - answer✔court decisions from other jurisdictions
legal realism - answer✔law is not simply a result of the written law, but a product of the views
of the judicial decision makers, as well, as social, economic, and contextual influences.
jurisdiction - answer✔courts power to speak on a matter
original jurisdiction - answer✔power of a court to hear a case for the first time.
appellate jurisdiction - answer✔power to reverse a decision
personal jursdiction - answer✔a court's jurisdiction over the parties to a lawsuit. need In
Personam, In Rem, or a long-arm statute
in personam jurisdiction - answer✔power of a court to compel the presence of the parties to a
dispute to appear before the court and litigation
4 ways to get "in personam" - answer✔1. Domicile
2. Tag Jurisdiction (Served)
3. Forum Selection Clause (contract)
4. consent
long arm statutes - answer✔courts use these statutes for non-resident parties based on
previous contacts in that state.
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
Marbury vs Madison - answer✔establised judicial review
general jurisdiction - answer✔any matter except a few
limited jurisdiction - answer✔limited amount of cases to choose from
exclusive jurisdiction - answer✔authority of only federal courts to hear and decide cases
concurrent jurisdiction - answer✔authority shared by both federal and state courts
subject matter jurisdiction - answer✔federal question or diversity of citizenship
federal question - answer✔are the rights of a party created by federal law or the constitution
diversity of citizenship - answer✔opposing parties are not domiciled in the same state. the
amount is greater than $75,000
online jurisdiction - answer✔courts use a sliding scale. "passive website" to "substantial
business interaction"
2 domiciles of a business - answer✔where they are incorporated and the principle place of
business
venue - answer✔specific court location
standing to sue - answer✔a party must have suffered a legal injury and have a sufficient stake
in the controversy
factor test for standing to sue - answer✔1. harmed in some way or imminent and concrete risk
2. causation
3. redress-ability- court has to be able to do what you're suing for
trial courts - answer✔general jurisdiction, both civil and criminal cases
state courts - answer✔limited jurisdiction
small claims court - answer✔informal, less than 5,000
appellate courts - answer✔deciding a matter of law, not fact. they review trial courts to
determine whether proper procedure took place
writ of certiorari - answer✔an order by a higher court directing a lower court to send up a case
for review (4/9)
2|Page
