Answers
Jurisdiction can be based on: Correct Ans-types of legal question (state vs federal, probate
courts that hear estate cases, bankruptcy courts that hear insolvency cases), statutes (written law),
geography, contracts
Due process Correct Ans-legal requirement that the state must respect all legal rights that are
owed to a person, balances the power of law of the land and protects the individual person from
it.
Minimum Contracts Correct Ans-so as not to offend traditional notions of fair play and
substantial justice; if no _______, there is a denial of due process
5th Amendment Correct Ans-No person shall be deprived of due process; prevents arbitrary,
retroactive and ill-defined laws
Federalism Correct Ans-US Constitution creates 2 legal zones: Federal Jurisdiction and State
Jurisdiction
Federal Jurisdiction Correct Ans-anything relating to the Constitution or a federal statute
- more than $75,000 in damages
- between citizens of different states
- copyright, patents, interstate commerce b/w 2+ states, federal crimes, civil rights
, State Jurisdiction Correct Ans-anything not a federal issue, real property (real estate &
moveable property) law, contract law, tort law
-
Venue Correct Ans-territorial bounds for courts with jurisdiction
- parties may agree beforehand thru contract
- strategic advantages available (place of injury, transaction, or residence)
Federal Court Correct Ans-11 Circuits
Trial Level of Interpretation Correct Ans-narrow interpretation, apply law to facts
Appeals Level of Interpretation Correct Ans-Broader interpretation, interpret/correct errors of
law
Supreme Court Level of Interpretation Correct Ans-Broadest Interpretation,
interpret/correct/make new law
Litigation Roadmap Correct Ans-- Pleadings
- Discovery
- Trial
- Enforcing the Judgement