Law 3220 Exam 1 Study Guide
(Clemson, Schulze)
Tangible property creates ________
i.e real estate, personal property. - Correct Answer-in rem jurisdiction
Intangible property also creates _______
i.e. bank accounts, stocks. - Correct Answer-in rem
Federal courts have exclusive jurisdiction over - Examples: - Correct Answer--Federal
crimes
-Federal bankruptcy
-Patents
-Copyrights
-Federal questions
State courts have exclusive jurisdiction over - Examples: - Correct Answer--divorce
-adoption
Both state & federal courts have concurrent jurisdiction when: - Correct Answer--
Diversity of citizenship & > $75K damages
-Federal issue not exclusive to the Federal Courts
If ________ _________ exists, plaintiff may bring suit in either court system. - Correct
Answer-concurrent jurisdiction
If plaintiff chooses to file in state court: - Correct Answer-Defendant has right to remove
case to federal court.
If plaintiff files suit in defendant's home state court: - Correct Answer-Defendant cannot
move case to federal court.
When there is diversity of citizenship, and the court hearing the case is a federal court,
should it apply federal law or the state law where the case could be heard? - Correct
Answer--Rule: Federal courts must apply proper state law.
-Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
Conflict of Law - Correct Answer-When incidents related to a case take place in more
than one state.
Rules vary on which rule of law to apply: - Correct Answer--In contract cases, laws of
state in which contract was made will be applied.
, -In tort cases, laws of state where tort takes place will apply.
State Judges - Correct Answer-chosen by variety of methods:
-Elected by the people.
-Appointed by the state bar association and/ or governor.
-Mixture of both methods.
SC State Judges - Correct Answer--elected by the General Assembly
-Serve a fixed term of years (unlike federal judges)
-SC Circuit Court judges - 6 year term
-SC Supreme Court judges - 10 year term
Judicial Immunity - Correct Answer-A judge is absolutely immune from suit for damages
for judicial acts.
Judicial Immunity - Correct Answer--Protects judges from being sued by unhappy
parties to lawsuits.
-Protects against undue influence on judicial decision-making.
-Extends to parties who perform services relative to the performance of judicial
functions (e.g., court-appointed collector).
-Hartsoe v. Christopher, 296 P. 3d 1186 (2013).
types of Jurisdiction - Correct Answer-original
appellate
general
limited
original jurisdiction - Correct Answer--Jury or judge decision
-Hears case 1st
-Assesses at facts and applies law appropriately
appellate jurisdiction - Correct Answer--No jury (generally 3 judge review)
-Hears case on appeal from lower court
-Reviews whether the law was applied appropriately
general jurisdiction - Correct Answer-Judge hears a broad spectrum of cases
limited jurisdiction - Correct Answer-Judge hears only specific types of cases
federal district court - Correct Answer--Courts of original jurisdiction
-Jury or judge
-Look at facts
-Federal trial courts also use judicial officers called magistrates
U.S. Court of Appeals - Correct Answer--12 circuits
(Clemson, Schulze)
Tangible property creates ________
i.e real estate, personal property. - Correct Answer-in rem jurisdiction
Intangible property also creates _______
i.e. bank accounts, stocks. - Correct Answer-in rem
Federal courts have exclusive jurisdiction over - Examples: - Correct Answer--Federal
crimes
-Federal bankruptcy
-Patents
-Copyrights
-Federal questions
State courts have exclusive jurisdiction over - Examples: - Correct Answer--divorce
-adoption
Both state & federal courts have concurrent jurisdiction when: - Correct Answer--
Diversity of citizenship & > $75K damages
-Federal issue not exclusive to the Federal Courts
If ________ _________ exists, plaintiff may bring suit in either court system. - Correct
Answer-concurrent jurisdiction
If plaintiff chooses to file in state court: - Correct Answer-Defendant has right to remove
case to federal court.
If plaintiff files suit in defendant's home state court: - Correct Answer-Defendant cannot
move case to federal court.
When there is diversity of citizenship, and the court hearing the case is a federal court,
should it apply federal law or the state law where the case could be heard? - Correct
Answer--Rule: Federal courts must apply proper state law.
-Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
Conflict of Law - Correct Answer-When incidents related to a case take place in more
than one state.
Rules vary on which rule of law to apply: - Correct Answer--In contract cases, laws of
state in which contract was made will be applied.
, -In tort cases, laws of state where tort takes place will apply.
State Judges - Correct Answer-chosen by variety of methods:
-Elected by the people.
-Appointed by the state bar association and/ or governor.
-Mixture of both methods.
SC State Judges - Correct Answer--elected by the General Assembly
-Serve a fixed term of years (unlike federal judges)
-SC Circuit Court judges - 6 year term
-SC Supreme Court judges - 10 year term
Judicial Immunity - Correct Answer-A judge is absolutely immune from suit for damages
for judicial acts.
Judicial Immunity - Correct Answer--Protects judges from being sued by unhappy
parties to lawsuits.
-Protects against undue influence on judicial decision-making.
-Extends to parties who perform services relative to the performance of judicial
functions (e.g., court-appointed collector).
-Hartsoe v. Christopher, 296 P. 3d 1186 (2013).
types of Jurisdiction - Correct Answer-original
appellate
general
limited
original jurisdiction - Correct Answer--Jury or judge decision
-Hears case 1st
-Assesses at facts and applies law appropriately
appellate jurisdiction - Correct Answer--No jury (generally 3 judge review)
-Hears case on appeal from lower court
-Reviews whether the law was applied appropriately
general jurisdiction - Correct Answer-Judge hears a broad spectrum of cases
limited jurisdiction - Correct Answer-Judge hears only specific types of cases
federal district court - Correct Answer--Courts of original jurisdiction
-Jury or judge
-Look at facts
-Federal trial courts also use judicial officers called magistrates
U.S. Court of Appeals - Correct Answer--12 circuits
