LEGAL ENVIRONMENT OF BUSINESS
LAW: FINAL EXAM STUDY GUIDE WITH
QUESTIONS AND ANSWERS |
GUARANTEED PASS
Subject Matter Jurisdiction - State Courts - Correct Answer-
Of general jurisdiction, almost always have subject matter
jurisdiction
Subject Matter Jurisdiction - Federal Courts - Correct
Answer-1. if the case involves a federal question 2. if
diversity exists
Diversity - Correct Answer-Exists if the parties are from
different states, and the amount in controversy is greater than
$75,000
Personal Jurisdiction - Correct Answer-state and federal have
this if there are sufficient contacts between the defendant and
the geographical location
Sufficient contacts - Correct Answer-1. if the defendant lives
in the area 2. if the harm is done in the area 3. if the contract
was formed in this area 4. if the defendant conducted business
in the area 5. if the defendant was served in the area
Proceedings for a trial - Correct Answer-Pleadings, discovery,
pretrial, trial, post-trial, appeals
Pleadings - Correct Answer-petition or complaint and answer
, 2
Complaint (in pleadings) - Correct Answer-contains facts
necessary to show jurisdiction, facts necessary to justify
remedy from the court and a statement of the remedy sought
Summons (in pleadings) - Correct Answer-notifies the
defendant that they have been sued, requires defendant to file
a response with the court within a given time
Process (in pleadings) - Correct Answer-Summons +
complaint
Ways you can obtain service of process (in pleadings) -
Correct Answer-sheriff, process server, certified mail, at your
residence to someone 14 years or older, publication, registered
agent
***To be in default (in pleadings) - Correct Answer-no
answer or response is made and the court grants judgement for
the plaintiff, no one goes to jail in a civil case
Options defendant has when sued (in pleadings) - Correct
Answer-do nothing, answer by admitting, denying or stating
you are without knowledge, affirmative defense,
counterclaim, motion to dismiss, pay, utilize dispute
resolution, hire an attorney
Discovery types - Correct Answer-depositions, interrogations,
request for admission, request for documents, request for
inspection, request for medical exam
Pretrial - Correct Answer-pretrial conference used to narrow
the issues and outline the trial