BULE 303-Exam #2 questions well
answered graded A+
Judicial Review - correct answer ✔✔The process by which a court decides on the
constitutionality of legislative enactments and actions of the executive branch.
The Origins of Judicial Review in the United States - correct answer ✔✔•The U.S. Supreme
Court established this power in the 1803 case Marbury v. Madison.
(the decision played a key role in making the Supreme Court a separate branch of government
on par with Congress and the executive.)
Before a court can hear a case, it must have jurisdiction.
Over what must it have jurisdiction?
How are the courts applying traditional jurisdictional concepts to cases involving Internet
transactions? - correct answer ✔✔Before any court can hear a case, it must have jurisdiction
over the person (or company) against whom the suit is brought (the defendant) or over the
property involved in the suit. The court must also have jurisdiction over the subject matter of
the dispute.
•A"sliding scale" is used to determine if courts have jurisdiction over defendants in Internet
cases.
•When the defendant conducts substantial business over the Internet, jurisdiction is proper.
•Some interactivity through a website might be sufficient, depending upon the circumstances.
,•Engaging in passive advertising via the Web is not sufficient for jurisdiction.
(Not as important?)
Jurisdiction - correct answer ✔✔•A court's authority to decide a case
•The court must have jurisdiction over the person the suit is brought against or the property
involved.
The authority of a court to hear and decide a specific case.
In personam jurisdiction: - correct answer ✔✔the control of a person or corporation by the
court within its geographic area
In rem jurisdiction: - correct answer ✔✔the court's control over an object
A court can also exercise jurisdiction over property that is located within its boundaries.
Long arm statutes: - correct answer ✔✔the court can exercise jurisdiction over out-of-state
defendants if they had sufficient minimum contacts to warrant it
trial court - correct answer ✔✔Court of original jurisdiction where cases begin
Probate courts - correct answer ✔✔A state court of limited jurisdiction that conducts
proceedings relating to the settlement of a deceased person's estate.
Federal courts have jurisdiction in two situations: - correct answer ✔✔1. There is a question
involving a federal law, treaty, or the U.S. Constitution
, 2. Diversity of citizenship:
•The plaintiff and defendant are residents of different states, and the controversy exceeds
$75,000.
•Corporations are considered residents of the state they were incorporated in and the state
where the principal place of business is located.
Exclusive and concurrent jurisdiction - correct answer ✔✔•Concurrent: when both the state
and federal courts have jurisdiction to hear a case
•Exclusive: when only state or federal court can hear the case
What is the difference between a trial court and an appellate court? - correct answer ✔✔Courts
having appellate jurisdiction act as reviewing courts, or appellate courts. In general, cases can
be brought before appellate courts only on appeal from an order or a judgment of a trial court
or other lower court.
Appellate courts normally defer (or give weight) to a trial court's findings on questions of fact
because the trial court judge and jury were in a better position to evaluate testimony by directly
observing witnesses' gestures, demeanor, and nonverbal behavior during the trial.
At the appellate level, the judges review the written transcript of the trial, which does not
include these nonverbal elements.
Venue - correct answer ✔✔•The physical location of the trial
•Usually the same jurisdiction as where the incident occurred.
answered graded A+
Judicial Review - correct answer ✔✔The process by which a court decides on the
constitutionality of legislative enactments and actions of the executive branch.
The Origins of Judicial Review in the United States - correct answer ✔✔•The U.S. Supreme
Court established this power in the 1803 case Marbury v. Madison.
(the decision played a key role in making the Supreme Court a separate branch of government
on par with Congress and the executive.)
Before a court can hear a case, it must have jurisdiction.
Over what must it have jurisdiction?
How are the courts applying traditional jurisdictional concepts to cases involving Internet
transactions? - correct answer ✔✔Before any court can hear a case, it must have jurisdiction
over the person (or company) against whom the suit is brought (the defendant) or over the
property involved in the suit. The court must also have jurisdiction over the subject matter of
the dispute.
•A"sliding scale" is used to determine if courts have jurisdiction over defendants in Internet
cases.
•When the defendant conducts substantial business over the Internet, jurisdiction is proper.
•Some interactivity through a website might be sufficient, depending upon the circumstances.
,•Engaging in passive advertising via the Web is not sufficient for jurisdiction.
(Not as important?)
Jurisdiction - correct answer ✔✔•A court's authority to decide a case
•The court must have jurisdiction over the person the suit is brought against or the property
involved.
The authority of a court to hear and decide a specific case.
In personam jurisdiction: - correct answer ✔✔the control of a person or corporation by the
court within its geographic area
In rem jurisdiction: - correct answer ✔✔the court's control over an object
A court can also exercise jurisdiction over property that is located within its boundaries.
Long arm statutes: - correct answer ✔✔the court can exercise jurisdiction over out-of-state
defendants if they had sufficient minimum contacts to warrant it
trial court - correct answer ✔✔Court of original jurisdiction where cases begin
Probate courts - correct answer ✔✔A state court of limited jurisdiction that conducts
proceedings relating to the settlement of a deceased person's estate.
Federal courts have jurisdiction in two situations: - correct answer ✔✔1. There is a question
involving a federal law, treaty, or the U.S. Constitution
, 2. Diversity of citizenship:
•The plaintiff and defendant are residents of different states, and the controversy exceeds
$75,000.
•Corporations are considered residents of the state they were incorporated in and the state
where the principal place of business is located.
Exclusive and concurrent jurisdiction - correct answer ✔✔•Concurrent: when both the state
and federal courts have jurisdiction to hear a case
•Exclusive: when only state or federal court can hear the case
What is the difference between a trial court and an appellate court? - correct answer ✔✔Courts
having appellate jurisdiction act as reviewing courts, or appellate courts. In general, cases can
be brought before appellate courts only on appeal from an order or a judgment of a trial court
or other lower court.
Appellate courts normally defer (or give weight) to a trial court's findings on questions of fact
because the trial court judge and jury were in a better position to evaluate testimony by directly
observing witnesses' gestures, demeanor, and nonverbal behavior during the trial.
At the appellate level, the judges review the written transcript of the trial, which does not
include these nonverbal elements.
Venue - correct answer ✔✔•The physical location of the trial
•Usually the same jurisdiction as where the incident occurred.
