Legal 2700 Final Exam Study Guide UPDATED ACTUAL
Questions and CORRECT Answers
Legal Sanctions the punishments used by officials to encourage or enforce compliance w/
whatever type of conduct/law is at hand
Legal Sanctions: Criminal Conduct meant to protect public and deter wrongful acts
- death
- imprisonment
- fines
Legal Sanctions: Torts - compensatory: make plaintiff whole (lost wages, medical bills)
- exemplary/punitive: punish & deter
Legal Sanctions: Breach of Contract - compensatory damages (money)
- equitable relief, when money is not enough (rescission, specific performance)
Subject Matter Jurisdiction the power the court has over a subject matter to hear a case
SMJ: Federal Court questions of federal law (constitution), US as a party, state disagreements, suits
between citizens of 2 different states (diversity jurisdiction)
SMJ: Supreme Court appeals from state supreme courts and federal circuit courts of appeal, cases
involving major constitutional issues or interpretation of federal law
Trial Court SMJ: Magistrate small claims, under 15k
Trial Court SMJ: Probate wills, guardianship, conservatorships, firearm permits
Trial Court SMJ: Municipal local courts that decide local rules (ex - what time bars close)
Trial Court SMJ: Juvenile juvenile cases, under 18
Trial Court SMJ: Business complex business litigation cases
Trial Court SMJ: State - misdemeanors
- traffic offenses & civil disputes
- established by GA legislature
Trial Court SMJ: Superior - felonies
- civil disputes, real estate, family matters
- established by GA constitution
Trial Court entry level, where lawsuits are filed
, Appellate Court review results of lower courts, decide if the judge ruled correctly in their
interpretation of the law to apply to the facts, writ of certiorari
State Court
Federal Court: Trial United States District Court, one in every state
- review lawsuits, receive evidence, evaluate testimony, impanel juries, resolve
disputes
Federal Court: Appellate circuit court of appeals, 11th circuit
Federal Court: Supreme SCOTUS, 9 justices appointed for life
- discretionary review (writ of certiorari & rule of four)
SCOTUS - Roberts
- Thomas
- Alito
- Gorsuch
- Kavanaugh
- Barrett
- Kagan
- Sotomayor
- Jackson
Agency whether or not the employee is actually an agent of the employer (does the
employee have the authority to be doing that action)
Vicarious Liability a principal is always liable for the torts committed while the agent completes their
official duties
Personal Jurisdiction does the court have the right to force a person to attend a trial
Personal Jurisdiction: Consent the defendant consents to come to court
Personal Jurisdiction: In Personam the person lives within the jurisdiction (in GA courts have personal jurisdiction
over everyone who lives in the state)
Personal Jurisdiction: Minimum Contacts has the party "personally availed themselves of the resources of the state" (takes
advantage of the things that the state offers - works there, pays taxes there, owns
property there, goes to school there)
Burden of Proof criminal - beyond reasonable doubt
civil - preponderance of evidence, clear and convincing proof
Types of Pleas guilty, not guilty, nolo contendre
4th Amendment freedom from unreasonable searches and seizures, right to be secure (stop and
frisk is permitted)
5th Amendment right to due process of law, freedom from self-incrimination, double jeopardy
Questions and CORRECT Answers
Legal Sanctions the punishments used by officials to encourage or enforce compliance w/
whatever type of conduct/law is at hand
Legal Sanctions: Criminal Conduct meant to protect public and deter wrongful acts
- death
- imprisonment
- fines
Legal Sanctions: Torts - compensatory: make plaintiff whole (lost wages, medical bills)
- exemplary/punitive: punish & deter
Legal Sanctions: Breach of Contract - compensatory damages (money)
- equitable relief, when money is not enough (rescission, specific performance)
Subject Matter Jurisdiction the power the court has over a subject matter to hear a case
SMJ: Federal Court questions of federal law (constitution), US as a party, state disagreements, suits
between citizens of 2 different states (diversity jurisdiction)
SMJ: Supreme Court appeals from state supreme courts and federal circuit courts of appeal, cases
involving major constitutional issues or interpretation of federal law
Trial Court SMJ: Magistrate small claims, under 15k
Trial Court SMJ: Probate wills, guardianship, conservatorships, firearm permits
Trial Court SMJ: Municipal local courts that decide local rules (ex - what time bars close)
Trial Court SMJ: Juvenile juvenile cases, under 18
Trial Court SMJ: Business complex business litigation cases
Trial Court SMJ: State - misdemeanors
- traffic offenses & civil disputes
- established by GA legislature
Trial Court SMJ: Superior - felonies
- civil disputes, real estate, family matters
- established by GA constitution
Trial Court entry level, where lawsuits are filed
, Appellate Court review results of lower courts, decide if the judge ruled correctly in their
interpretation of the law to apply to the facts, writ of certiorari
State Court
Federal Court: Trial United States District Court, one in every state
- review lawsuits, receive evidence, evaluate testimony, impanel juries, resolve
disputes
Federal Court: Appellate circuit court of appeals, 11th circuit
Federal Court: Supreme SCOTUS, 9 justices appointed for life
- discretionary review (writ of certiorari & rule of four)
SCOTUS - Roberts
- Thomas
- Alito
- Gorsuch
- Kavanaugh
- Barrett
- Kagan
- Sotomayor
- Jackson
Agency whether or not the employee is actually an agent of the employer (does the
employee have the authority to be doing that action)
Vicarious Liability a principal is always liable for the torts committed while the agent completes their
official duties
Personal Jurisdiction does the court have the right to force a person to attend a trial
Personal Jurisdiction: Consent the defendant consents to come to court
Personal Jurisdiction: In Personam the person lives within the jurisdiction (in GA courts have personal jurisdiction
over everyone who lives in the state)
Personal Jurisdiction: Minimum Contacts has the party "personally availed themselves of the resources of the state" (takes
advantage of the things that the state offers - works there, pays taxes there, owns
property there, goes to school there)
Burden of Proof criminal - beyond reasonable doubt
civil - preponderance of evidence, clear and convincing proof
Types of Pleas guilty, not guilty, nolo contendre
4th Amendment freedom from unreasonable searches and seizures, right to be secure (stop and
frisk is permitted)
5th Amendment right to due process of law, freedom from self-incrimination, double jeopardy
