LEGL 2700 Final Exam Nichols Study Guide UPDATED ACTUAL Questions and
CORRECT Answers
State Courts Courts created by state law that hear cases involving state statutes and common
law (torts, contracts, property disputes, state crimes).
Main Trial Level Courts State Court and Superior Court
GA State Court Established by the GA legislature
- Misdemeanors
- Certain Traffic Offenses
- Civil Disputes
Trial Court First court to hear a case; decides facts through witnesses, evidence, jury verdicts;
issues judgments.
State of GA Trial Courts Magistrate Court
Probate Court
Municipal Court
Juvenile Court
Business Court
State Court
Superior Court
Federal Courts Courts established by Article III of the U.S. Constitution with limited jurisdiction:
federal questions, U.S. as a party, disputes between states, or diversity jurisdiction
(> $75,000 AND parties from different states).
Types of Federal Courts United States District Court
Circuit Court of Appeals
United States Supreme Court
Appellate Court Reviews decisions of trial courts for legal error; no witnesses; determines whether
the trial court correctly applied the law.
Supreme Court (U.S.) Final appellate court in the U.S.; grants certiorari to choose which cases to hear;
interprets Constitution; decisions bind all lower courts.
Supreme Court Justices John G. Roberts
Clarence Thomas
Samuel A. Alito
Sonia Sotomayor
Elena Kagan
Neil M. Gorsuch
Brett M. Kavanaugh
Amy Coney Barrett
Ketanji Brown Jackson
, Burden of Proof - Criminal Government must prove guilt 'beyond a reasonable doubt' — highest standard
since liberty is at stake.
Burden of Proof - Civil Plaintiff must prove the defendant is liable by a 'preponderance of the evidence'
(>50%).
Vicarious Liability Legal doctrine holding employers liable for employees' torts committed within
the scope of employment (respondeat superior). Employer liability without
employer fault.
Agency Relationship where an agent is authorized to act on behalf of a principal. Principal
is liable for agent's actions within actual authority (express or implied).
Actual Authority (Express) Principal directly tells agent what they are allowed to do.
Actual Authority (Implied) Authority inferred from principal's conduct, job duties, or circumstances necessary
to carry out express instructions.
Scope of Employment Actions undertaken to further employer's business, during work hours, and in
work-related locations. Must be reasonably foreseeable.
Frolic Major personal deviation from work duties (e.g., driving 20 miles to visit a friend
during deliveries). Employer NOT liable.
Detour Minor deviation still related to work (e.g., stopping for lunch while driving a work
route). Employer IS liable.
Subject Matter Jurisdiction Court's authority to hear a specific type of case (criminal, probate, bankruptcy,
contract, etc.). Cannot be waived.
Personal Jurisdiction How the court gets jurisdiction over the defendant.
There are three ways:
1. Consent (the defendant consents)
2. In Personam - does the person live within the jurisdiction (if the defendant lives
in the state then they have to show up)
3. If out of state, then "minimum contacts"
Consent Defendant agrees to jurisdiction by contract, by showing up voluntarily, or by not
challenging jurisdiction.
In Personam Jurisdiction Established when a defendant lives, works, or conducts continuous activity in the
state.
Minimum Contacts (Long-Arm Jurisdiction) A state court can assert personal jurisdiction over a defendant if the defendant
has sufficient contacts or ties to the state or has used state resources.
Supremacy Clause Federal Constitution and federal statutes override conflicting state laws; states
cannot regulate in a way that undermines federal purpose.
CORRECT Answers
State Courts Courts created by state law that hear cases involving state statutes and common
law (torts, contracts, property disputes, state crimes).
Main Trial Level Courts State Court and Superior Court
GA State Court Established by the GA legislature
- Misdemeanors
- Certain Traffic Offenses
- Civil Disputes
Trial Court First court to hear a case; decides facts through witnesses, evidence, jury verdicts;
issues judgments.
State of GA Trial Courts Magistrate Court
Probate Court
Municipal Court
Juvenile Court
Business Court
State Court
Superior Court
Federal Courts Courts established by Article III of the U.S. Constitution with limited jurisdiction:
federal questions, U.S. as a party, disputes between states, or diversity jurisdiction
(> $75,000 AND parties from different states).
Types of Federal Courts United States District Court
Circuit Court of Appeals
United States Supreme Court
Appellate Court Reviews decisions of trial courts for legal error; no witnesses; determines whether
the trial court correctly applied the law.
Supreme Court (U.S.) Final appellate court in the U.S.; grants certiorari to choose which cases to hear;
interprets Constitution; decisions bind all lower courts.
Supreme Court Justices John G. Roberts
Clarence Thomas
Samuel A. Alito
Sonia Sotomayor
Elena Kagan
Neil M. Gorsuch
Brett M. Kavanaugh
Amy Coney Barrett
Ketanji Brown Jackson
, Burden of Proof - Criminal Government must prove guilt 'beyond a reasonable doubt' — highest standard
since liberty is at stake.
Burden of Proof - Civil Plaintiff must prove the defendant is liable by a 'preponderance of the evidence'
(>50%).
Vicarious Liability Legal doctrine holding employers liable for employees' torts committed within
the scope of employment (respondeat superior). Employer liability without
employer fault.
Agency Relationship where an agent is authorized to act on behalf of a principal. Principal
is liable for agent's actions within actual authority (express or implied).
Actual Authority (Express) Principal directly tells agent what they are allowed to do.
Actual Authority (Implied) Authority inferred from principal's conduct, job duties, or circumstances necessary
to carry out express instructions.
Scope of Employment Actions undertaken to further employer's business, during work hours, and in
work-related locations. Must be reasonably foreseeable.
Frolic Major personal deviation from work duties (e.g., driving 20 miles to visit a friend
during deliveries). Employer NOT liable.
Detour Minor deviation still related to work (e.g., stopping for lunch while driving a work
route). Employer IS liable.
Subject Matter Jurisdiction Court's authority to hear a specific type of case (criminal, probate, bankruptcy,
contract, etc.). Cannot be waived.
Personal Jurisdiction How the court gets jurisdiction over the defendant.
There are three ways:
1. Consent (the defendant consents)
2. In Personam - does the person live within the jurisdiction (if the defendant lives
in the state then they have to show up)
3. If out of state, then "minimum contacts"
Consent Defendant agrees to jurisdiction by contract, by showing up voluntarily, or by not
challenging jurisdiction.
In Personam Jurisdiction Established when a defendant lives, works, or conducts continuous activity in the
state.
Minimum Contacts (Long-Arm Jurisdiction) A state court can assert personal jurisdiction over a defendant if the defendant
has sufficient contacts or ties to the state or has used state resources.
Supremacy Clause Federal Constitution and federal statutes override conflicting state laws; states
cannot regulate in a way that undermines federal purpose.
