Civil Litigation exam with
correctly answered questions
Cause of Action - ANSWERS>>>>>A wrong legally recognized as a
basis for civil litigation seeking compensation for harm suffered.
Tort Actions - ANSWERS>>>>>Civil wrongs that are not breach of
contract for which court can fashions remedy.
Action or inaction = fails to meet the norms of society, but does
not rise to the level of a criminal act.
4 basic elements for negligence - ANSWERS>>>>>1. Duty of care
2. Breach of duty
3. Causation
4. Damages
Statute of frauds - ANSWERS>>>>>Requires that certain types of
contracts be in writing to be enforceable
Elements of a breach of contract - ANSWERS>>>>>Offer
Acceptance
Meeting of the mind
Consideration
Lawful purpose
Competent parties
,1 fails to meet these obligations and the other could suffer
damages
Standing - ANSWERS>>>>>The right or reason so bring a suit.
Ex: if your friend is injured, you cannot sue for them but he/she
can sue for themselves
Long-Arm Statutes - ANSWERS>>>>>Allows you to file against
people who reside in a different state.
Your residence will be the basis for venue.
Substantive Law - ANSWERS>>>>>Applications of statues and
case law that determine the rights and obligations of the
plaintiffs and defendants.
Procedural Law - ANSWERS>>>>>Governs how a case is files and
tried.
Ex: CPLR & FRCP
Trial courts - ANSWERS>>>>>Hear evidence & find facts
Courts of records = everything is recorded in case of appeal
Limited or general jurisdiction
State
Federal
State - ANSWERS>>>>>Hear testimony
,Get evidence
Make decisions
Judge is not assigned but must apply for one.
Federal - ANSWERS>>>>>US District Courts
Diversity of Citizenship
Judge is assigned and would hear from the, when a court action
will take place.
Court of Claims - ANSWERS>>>>>Seeking damages against the
State
Statewide
Justice courts - ANSWERS>>>>>Town/village courts
Small claims less than $3,000
Evictions
Preliminary proceedings for felonies
Complete jurisdiction over misdemeanors and minor offenses.
Appellate Courts - ANSWERS>>>>>Review decisions of the lower
courts.
Application of substantive and procedural law.
Does not hear testimony
Oral arguments before panel of judges
Relies on records of lower courts and briefs
, Must be appeal able, not just because someone does not like the
judgement made.
Highest Appellate Courts - ANSWERS>>>>>Rare
Must apply to be reviewed
Only reviews records and briefs
Does not hear oral arguments
Attorney in this case would have to be straight to the point.
Torts - ANSWERS>>>>>Civil wrong, other than breach of contract
Must be legal duty owed by one person to another.
Tortfeasor - ANSWERS>>>>>A person who commits s tort or civil
wrong.
3 sources of tort law - ANSWERS>>>>>Negligence
Intentional
Strict/Absolute Liability
Negligence - ANSWERS>>>>>Failure to exercise ordinary care
Intent is not necessary
Someone is injured due to unreasonable care
Intentional Torts - ANSWERS>>>>>Deliberately intend to hurt
someone or his or her property
correctly answered questions
Cause of Action - ANSWERS>>>>>A wrong legally recognized as a
basis for civil litigation seeking compensation for harm suffered.
Tort Actions - ANSWERS>>>>>Civil wrongs that are not breach of
contract for which court can fashions remedy.
Action or inaction = fails to meet the norms of society, but does
not rise to the level of a criminal act.
4 basic elements for negligence - ANSWERS>>>>>1. Duty of care
2. Breach of duty
3. Causation
4. Damages
Statute of frauds - ANSWERS>>>>>Requires that certain types of
contracts be in writing to be enforceable
Elements of a breach of contract - ANSWERS>>>>>Offer
Acceptance
Meeting of the mind
Consideration
Lawful purpose
Competent parties
,1 fails to meet these obligations and the other could suffer
damages
Standing - ANSWERS>>>>>The right or reason so bring a suit.
Ex: if your friend is injured, you cannot sue for them but he/she
can sue for themselves
Long-Arm Statutes - ANSWERS>>>>>Allows you to file against
people who reside in a different state.
Your residence will be the basis for venue.
Substantive Law - ANSWERS>>>>>Applications of statues and
case law that determine the rights and obligations of the
plaintiffs and defendants.
Procedural Law - ANSWERS>>>>>Governs how a case is files and
tried.
Ex: CPLR & FRCP
Trial courts - ANSWERS>>>>>Hear evidence & find facts
Courts of records = everything is recorded in case of appeal
Limited or general jurisdiction
State
Federal
State - ANSWERS>>>>>Hear testimony
,Get evidence
Make decisions
Judge is not assigned but must apply for one.
Federal - ANSWERS>>>>>US District Courts
Diversity of Citizenship
Judge is assigned and would hear from the, when a court action
will take place.
Court of Claims - ANSWERS>>>>>Seeking damages against the
State
Statewide
Justice courts - ANSWERS>>>>>Town/village courts
Small claims less than $3,000
Evictions
Preliminary proceedings for felonies
Complete jurisdiction over misdemeanors and minor offenses.
Appellate Courts - ANSWERS>>>>>Review decisions of the lower
courts.
Application of substantive and procedural law.
Does not hear testimony
Oral arguments before panel of judges
Relies on records of lower courts and briefs
, Must be appeal able, not just because someone does not like the
judgement made.
Highest Appellate Courts - ANSWERS>>>>>Rare
Must apply to be reviewed
Only reviews records and briefs
Does not hear oral arguments
Attorney in this case would have to be straight to the point.
Torts - ANSWERS>>>>>Civil wrong, other than breach of contract
Must be legal duty owed by one person to another.
Tortfeasor - ANSWERS>>>>>A person who commits s tort or civil
wrong.
3 sources of tort law - ANSWERS>>>>>Negligence
Intentional
Strict/Absolute Liability
Negligence - ANSWERS>>>>>Failure to exercise ordinary care
Intent is not necessary
Someone is injured due to unreasonable care
Intentional Torts - ANSWERS>>>>>Deliberately intend to hurt
someone or his or her property
