TITLE: EMILLYCHARLOTTE 2024/2025 ACADEMIC PERIOD
OWNER: EMILLYCHARLOTTE
COPYRIGHT STATEMENT: ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED
FIRST PUBLISHED: SEPTEMBER 2024
Acc 241 byu cummings study guide with
complete solutions
1. A court has jurisdiction over - ✔️✔️Correct-Always for residents or local property,
corporations where their nerve centers are,
2. long arm jurisdiction - ✔️✔️Correct-can reach in (the more systematic and continuous,
the more likely personal jurisdiction if over land then in district of geographical dispute.)
2. The State Court Systems two pairs and the highest - ✔️✔️Correct-(a. limited
jurisdiction decides specific cases b general jurisdiction decides anything, C original/trial
courts Appellate courts for errors of law d state supreme court)
3. Negotiation, Mediation Arbitration - ✔️✔️Correct-43, informal working it out, mediation
iswith a third party and work it out, arbitration is with third party deciding. (can hurt
relationship)
6. Appellate court of general jurisdiction, limited courts small claims courts know order -
✔️✔️Correct-
If appellate court makes decision it is binding in courts below and persuasive
horizontally - ✔️✔️Correct-
7. writi of certiori - ✔️✔️Correct-is the supreme court 4 justices bring it to supreme
7.. Stages of Litigation - ✔️✔️Correct-three stages pretrial p63, trial, posttrial learn
1/7
, TITLE: EMILLYCHARLOTTE 2024/2025 ACADEMIC PERIOD
OWNER: EMILLYCHARLOTTE
COPYRIGHT STATEMENT: ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED
FIRST PUBLISHED: SEPTEMBER 2024
Components of pleadings (4 types 4 components a fact and 2 defenitions) - ✔️✔️Correct-
The Pleadings (complaint, answer, counterclaim, reply) jurisdiction, facts, causes of
action and remedy- in claim and counterclaim (equitable remedy isn't always money
(injunctions (stop something) recisions (end contract) performance) Legal remedy is for
money) (pg 63)
9. Dismissals and Judgments - ✔️✔️Correct-Before Trial. motion for judgement on the
pleadings. No evidence only admissions and denials. If both line up judgement granted.
Summary judgement all evidence looked at- no issue of material fact one of the parties
entitled to judgement as a matter of law.
Judgement on the pleadings - ✔️✔️Correct-no dispute of fact or pleading no evidence
looked at
Summary judgement - ✔️✔️Correct-all evidence looked at, no issue of fact
10. Discovery - ✔️✔️Correct-prevent surprise, narrow issues for trial, (depositions are
sworn live testimony, interrogatories are written questions under oath, requests for
admissions requests for documents or objects and request for examinations.
Interrogatories - ✔️✔️Correct-written questions under oath
Depositions - ✔️✔️Correct-sworn live testimony
Request for admissions - ✔️✔️Correct-request for documents or objects and request for
examinations
2/7
OWNER: EMILLYCHARLOTTE
COPYRIGHT STATEMENT: ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED
FIRST PUBLISHED: SEPTEMBER 2024
Acc 241 byu cummings study guide with
complete solutions
1. A court has jurisdiction over - ✔️✔️Correct-Always for residents or local property,
corporations where their nerve centers are,
2. long arm jurisdiction - ✔️✔️Correct-can reach in (the more systematic and continuous,
the more likely personal jurisdiction if over land then in district of geographical dispute.)
2. The State Court Systems two pairs and the highest - ✔️✔️Correct-(a. limited
jurisdiction decides specific cases b general jurisdiction decides anything, C original/trial
courts Appellate courts for errors of law d state supreme court)
3. Negotiation, Mediation Arbitration - ✔️✔️Correct-43, informal working it out, mediation
iswith a third party and work it out, arbitration is with third party deciding. (can hurt
relationship)
6. Appellate court of general jurisdiction, limited courts small claims courts know order -
✔️✔️Correct-
If appellate court makes decision it is binding in courts below and persuasive
horizontally - ✔️✔️Correct-
7. writi of certiori - ✔️✔️Correct-is the supreme court 4 justices bring it to supreme
7.. Stages of Litigation - ✔️✔️Correct-three stages pretrial p63, trial, posttrial learn
1/7
, TITLE: EMILLYCHARLOTTE 2024/2025 ACADEMIC PERIOD
OWNER: EMILLYCHARLOTTE
COPYRIGHT STATEMENT: ©2024 EMILLYCHARLOTTE. ALL RIGHTS RESERVED
FIRST PUBLISHED: SEPTEMBER 2024
Components of pleadings (4 types 4 components a fact and 2 defenitions) - ✔️✔️Correct-
The Pleadings (complaint, answer, counterclaim, reply) jurisdiction, facts, causes of
action and remedy- in claim and counterclaim (equitable remedy isn't always money
(injunctions (stop something) recisions (end contract) performance) Legal remedy is for
money) (pg 63)
9. Dismissals and Judgments - ✔️✔️Correct-Before Trial. motion for judgement on the
pleadings. No evidence only admissions and denials. If both line up judgement granted.
Summary judgement all evidence looked at- no issue of material fact one of the parties
entitled to judgement as a matter of law.
Judgement on the pleadings - ✔️✔️Correct-no dispute of fact or pleading no evidence
looked at
Summary judgement - ✔️✔️Correct-all evidence looked at, no issue of fact
10. Discovery - ✔️✔️Correct-prevent surprise, narrow issues for trial, (depositions are
sworn live testimony, interrogatories are written questions under oath, requests for
admissions requests for documents or objects and request for examinations.
Interrogatories - ✔️✔️Correct-written questions under oath
Depositions - ✔️✔️Correct-sworn live testimony
Request for admissions - ✔️✔️Correct-request for documents or objects and request for
examinations
2/7
