BULE 303 - Test #2 questions &
answers graded A+ already passed
Judiciary's Role in American Government - correct answer ✔✔- To interpret and apply the law
- Determining the constitutionality of laws
- Acts as a check on the executive and legislative branches of gov't
Marbury v. Madison (1803) - correct answer ✔✔- created the power of judicial review
- Judicial Review is NOT mentioned in the Constitution
- *Acts of Congress that conflict with the Constitution are not law, (they are invalid), and are
subordinate to the Constitution.*
- The Supreme Court established itself as the *final arbiter* of when an Act of Congress is or is
not constitutional
Venue - correct answer ✔✔- The geographic district in which a legal action is tried and from
which the jury is selected.
- The court hearing the case has to be in the correct court
Standing to Sue - correct answer ✔✔- The legal requirement that an individual must have a
sufficient stake in a controversy before he or she can bring a lawsuit.
- The person before the court is the aggrieved party
Jurisdiction - correct answer ✔✔- The authority of a court to hear and decide a specific case.
Jurisdiction - Persons - correct answer ✔✔the court has to have jurisdiction over the defendant,
where the defendant lives, holds property, what type of ties link the defendant to the
jurisdiction the court is in
,Jurisdiction - Property - correct answer ✔✔the court has to have jurisdiction over the property,
where it is located creates ties to that area
Jurisdiction - Subject Matter - correct answer ✔✔what is the case about? Criminal, Family Law,
Taxes? Determines the court that will hear the case
Jurisdiction over subject matter is a limitation on the types of cases a court can hear. In both the
federal and state court systems, there are courts of general (unlimited) jurisdiction and courts of
limited jurisdiction
Long Arm Statute - correct answer ✔✔- A state statute that permits a state to exercise
jurisdiction over nonresident defendants.
- generally a court's power is limited to the territorial boundaries of the state in which it is
located, but in some cases this gives the court jurisdiction over nonresident defendants.
Long Arm Statue - Reasonably Foreseeable - correct answer ✔✔For the long arm statue to
apply, the court's jurisdiction over the defendant must adhere with Due Process under the
constitution. That means, it must be *reasonably foreseeable* that the defendant would be
sued in that court.
Long Arm Statue - Minimum Contacts - correct answer ✔✔A defendant must have certain
*"minimum contacts"* (from the perspective of the defendant) with the state for this statute to
apply.
Long Arm Statue - Defense - correct answer ✔✔To argue the court has no jurisdiction, you
argue that your Due Process rights under the constitution will be violated. Meaning it is not
reasonable foreseeable that the defendant would be sued in that court.
, Diversity Jurisdiction - correct answer ✔✔Applies when (1) the plaintiff and defendant are
citizens of different states and (2) the amount in dispute exceeds $75,000
Also called Feder Jurisdiction
Exclusive Jurisdiction - correct answer ✔✔Exists when only state courts or only federal courts
have authority to hear a case (Article III Section 2 Clause 1 of the Constitution)
Concurrent Juridiction - correct answer ✔✔Exists when two different courts have authority to
hear the same case (Amendment 10 of the Constitution)
Original Jurisdiction - correct answer ✔✔Exists with courts that have the authority to hear a
case for the first tile (trial courts)
Appellate Juridiction - correct answer ✔✔- exists with court of appeals or reviewing courts
- generally appellate courts do not have original jurisdiction
- 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.
Limited Jurisdiction - correct answer ✔✔exists when a court is limited to a specific subject
matter, such as probate or divorce
General Jurisdiction - correct answer ✔✔exists when a court can hear any kind of case (like the
Supreme Court)
Jurisdiction in Cyberspace - Sliding Scale Standard - correct answer ✔✔Used to determine when
courts can exercise personal jurisdiction over an out-of-state defendant based on the
defendant's Web activities.
answers graded A+ already passed
Judiciary's Role in American Government - correct answer ✔✔- To interpret and apply the law
- Determining the constitutionality of laws
- Acts as a check on the executive and legislative branches of gov't
Marbury v. Madison (1803) - correct answer ✔✔- created the power of judicial review
- Judicial Review is NOT mentioned in the Constitution
- *Acts of Congress that conflict with the Constitution are not law, (they are invalid), and are
subordinate to the Constitution.*
- The Supreme Court established itself as the *final arbiter* of when an Act of Congress is or is
not constitutional
Venue - correct answer ✔✔- The geographic district in which a legal action is tried and from
which the jury is selected.
- The court hearing the case has to be in the correct court
Standing to Sue - correct answer ✔✔- The legal requirement that an individual must have a
sufficient stake in a controversy before he or she can bring a lawsuit.
- The person before the court is the aggrieved party
Jurisdiction - correct answer ✔✔- The authority of a court to hear and decide a specific case.
Jurisdiction - Persons - correct answer ✔✔the court has to have jurisdiction over the defendant,
where the defendant lives, holds property, what type of ties link the defendant to the
jurisdiction the court is in
,Jurisdiction - Property - correct answer ✔✔the court has to have jurisdiction over the property,
where it is located creates ties to that area
Jurisdiction - Subject Matter - correct answer ✔✔what is the case about? Criminal, Family Law,
Taxes? Determines the court that will hear the case
Jurisdiction over subject matter is a limitation on the types of cases a court can hear. In both the
federal and state court systems, there are courts of general (unlimited) jurisdiction and courts of
limited jurisdiction
Long Arm Statute - correct answer ✔✔- A state statute that permits a state to exercise
jurisdiction over nonresident defendants.
- generally a court's power is limited to the territorial boundaries of the state in which it is
located, but in some cases this gives the court jurisdiction over nonresident defendants.
Long Arm Statue - Reasonably Foreseeable - correct answer ✔✔For the long arm statue to
apply, the court's jurisdiction over the defendant must adhere with Due Process under the
constitution. That means, it must be *reasonably foreseeable* that the defendant would be
sued in that court.
Long Arm Statue - Minimum Contacts - correct answer ✔✔A defendant must have certain
*"minimum contacts"* (from the perspective of the defendant) with the state for this statute to
apply.
Long Arm Statue - Defense - correct answer ✔✔To argue the court has no jurisdiction, you
argue that your Due Process rights under the constitution will be violated. Meaning it is not
reasonable foreseeable that the defendant would be sued in that court.
, Diversity Jurisdiction - correct answer ✔✔Applies when (1) the plaintiff and defendant are
citizens of different states and (2) the amount in dispute exceeds $75,000
Also called Feder Jurisdiction
Exclusive Jurisdiction - correct answer ✔✔Exists when only state courts or only federal courts
have authority to hear a case (Article III Section 2 Clause 1 of the Constitution)
Concurrent Juridiction - correct answer ✔✔Exists when two different courts have authority to
hear the same case (Amendment 10 of the Constitution)
Original Jurisdiction - correct answer ✔✔Exists with courts that have the authority to hear a
case for the first tile (trial courts)
Appellate Juridiction - correct answer ✔✔- exists with court of appeals or reviewing courts
- generally appellate courts do not have original jurisdiction
- 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.
Limited Jurisdiction - correct answer ✔✔exists when a court is limited to a specific subject
matter, such as probate or divorce
General Jurisdiction - correct answer ✔✔exists when a court can hear any kind of case (like the
Supreme Court)
Jurisdiction in Cyberspace - Sliding Scale Standard - correct answer ✔✔Used to determine when
courts can exercise personal jurisdiction over an out-of-state defendant based on the
defendant's Web activities.
