BSL 212 Test Questions with Correct Answers Already Passed
federal jurisdiction - Answers federal courts may only hear matters that have subject matter jurisdiction
-2 types: exclusive federal jurisdiction and concurrent federal jurisdiction
exclusive federal jurisdiction - Answers statutes exclusively say that they must be heard in federal court
concurrent jurisdiction can happen when: - Answers 1. federal question involved
2. diversity
diversity - Answers (needs both)
1. damages in excess of $75,000
2. citizens of different states
a corporation is a citizen in: - Answers state of headquarters and principal state of business
Removal - Answers a defendant can transfer the case from a state court to a federal court if the plaintiff
was allowed to bring the case to federal court in the first place
A court has Personal Jurisdiction over someone if: - Answers 1. defendant resides in the state
2. served with process in the state
3. long arm statute
- tort occurs in the state
- doing business in the state: minimum contacts- purposely availing itself of doing business in that state
process of a lawsuit - Answers 1. complaint: breach of contract
2. summons: notification of being sued w/ complaint attaches- must be served w/ process and has 20
days to respond
responses to a complaint - Answers 1. answer (often counterclaim )
2. motion to dismiss
3. default judgement- if party is served and fails to respond, court will default and defendant loses
discovery & the 5 types of discovery - Answers parties can figure out what facts are related to their
claims
1. interrogatories
2. request for production
, 3. deposition
4. request for admissions
5. independent medical exam
federal court: discovery 6 months- 1 year
state court: unlimited discovery phase
interrogatories - Answers written questions to a party to be answered under oath
request for production - Answers request to a party seeking documents from that party
deposition - Answers 1 lawyer finds witnesses to inquire about what happened under oath
request for admissions - Answers ask party to admit a specific fact about an issue
independent medical exam - Answers defendant can retain a doctor and force plaintiff to have a medical
exam
alternative to trial - Answers summary judgement- [arty must prove that there is no genuine issue of
material fact in the dispute such that the party is entitles to judgement under the law
alternatives to court system - Answers 1. mediation
2. arbitration
mediation - Answers neutral 3rd party helps 2 parties reach settlement
arbitration - Answers parties agree y contract for a 3rd party to make decision for that case
-faster and less expensive
-parties pick arbitrators that tend to be very specialized and are experts on that topic
- no right to appeal
6 elements of a contract - Answers 1. offer
2. acceptance
3. consideration
4. legality
5. consent
federal jurisdiction - Answers federal courts may only hear matters that have subject matter jurisdiction
-2 types: exclusive federal jurisdiction and concurrent federal jurisdiction
exclusive federal jurisdiction - Answers statutes exclusively say that they must be heard in federal court
concurrent jurisdiction can happen when: - Answers 1. federal question involved
2. diversity
diversity - Answers (needs both)
1. damages in excess of $75,000
2. citizens of different states
a corporation is a citizen in: - Answers state of headquarters and principal state of business
Removal - Answers a defendant can transfer the case from a state court to a federal court if the plaintiff
was allowed to bring the case to federal court in the first place
A court has Personal Jurisdiction over someone if: - Answers 1. defendant resides in the state
2. served with process in the state
3. long arm statute
- tort occurs in the state
- doing business in the state: minimum contacts- purposely availing itself of doing business in that state
process of a lawsuit - Answers 1. complaint: breach of contract
2. summons: notification of being sued w/ complaint attaches- must be served w/ process and has 20
days to respond
responses to a complaint - Answers 1. answer (often counterclaim )
2. motion to dismiss
3. default judgement- if party is served and fails to respond, court will default and defendant loses
discovery & the 5 types of discovery - Answers parties can figure out what facts are related to their
claims
1. interrogatories
2. request for production
, 3. deposition
4. request for admissions
5. independent medical exam
federal court: discovery 6 months- 1 year
state court: unlimited discovery phase
interrogatories - Answers written questions to a party to be answered under oath
request for production - Answers request to a party seeking documents from that party
deposition - Answers 1 lawyer finds witnesses to inquire about what happened under oath
request for admissions - Answers ask party to admit a specific fact about an issue
independent medical exam - Answers defendant can retain a doctor and force plaintiff to have a medical
exam
alternative to trial - Answers summary judgement- [arty must prove that there is no genuine issue of
material fact in the dispute such that the party is entitles to judgement under the law
alternatives to court system - Answers 1. mediation
2. arbitration
mediation - Answers neutral 3rd party helps 2 parties reach settlement
arbitration - Answers parties agree y contract for a 3rd party to make decision for that case
-faster and less expensive
-parties pick arbitrators that tend to be very specialized and are experts on that topic
- no right to appeal
6 elements of a contract - Answers 1. offer
2. acceptance
3. consideration
4. legality
5. consent
