STUDY GUIDE 2026
◉ In Rem jurisdiction: Answer: In lawsuits based on a dispute over
property, a court in the state where the property is located has
jurisdiction to resolve claims against that property—whether the
property owner is there or not.
◉ When both systems (federal & state) have the power to hear a
case, ___ jurisdiction exists. Answer: concurrent
◉ Both systems may have jurisdiction when either of the following
is the case: Answer: 1. There is diversity of citizenship and the
amount in controversy exceeds $75,000.
2. The dispute involves a federal question and Congress has not
conferred exclusive jurisdiction on the federal courts.
◉ Erie Railroad v. Tompkins: Answer: The concept of federal
common law in diversity-of-citizenship cases was ended. Hence,
Pennsylvania law applied and Tompkins was a trespasser and Erie
was not liable for his injuries.
◉ Stages of a typical civil lawsuit: Answer: 1. Pleadings Stage
2. Discovery Stage
, 3. Pretrial Stage
4. Trial Stage
5. Appellate Stage
6. Enforcement Stage
◉ The process of obtaining information is known as ___. Answer:
discovery
◉ Deposition: Answer: the sworn, in-person testimony of a witness
recorded by a court reporter.
◉ Summary judgment: Answer: when the court looks at the
undisputed facts, it can apply the law to the facts and resolve the
dispute. (there is no need for a trial)
◉ The process used to select jury members is called ___ ___. Answer:
voir dire
◉ The purpose of voir dire is to determine whether a prospective
juror is likely to be so ___ that he or she could not reach a ___ decision
based on the evidence presented. Answer: biased; fair
◉ Compensatory damages: Answer: money damages to compensate
for losses incurred because of actions of wrongdoer