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BUL3310 Exam 1 Orozco- Questions & Answers

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BUL3310 Exam 1 Orozco- Questions & Answers

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BUL3310 Exam 1 Orozco- Questions &
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

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