ACCT 2700 LATEST EXAM TEST QUESTIONS AND ANSWERS
RATED A+
✔✔in personam jurisdiction (over the person) - ✔✔courts have jurisdiction over
residents in that geographic area, businesses that filed their paperwork in that area, and
businesses with headquarters in that area
✔✔in rem jurisdiction (over the thing) - ✔✔courts have in rem jurisdiction over land
within that state's border
✔✔long-arm statutes - ✔✔courts can use this statute for non-residents and businesses
that have sufficient connection with the forum state to gain jurisdiction
✔✔subject matter jurisdiction - ✔✔limitations on the types of cases a court can hear
- general jurisdiction
- limited jurisdiction
✔✔general jurisdiction - ✔✔can hear any type of case (unless it should go to a court of
limited jurisdiction)
✔✔limited jurisdiction - ✔✔set up to hear specific types of cases (like divorce, small
claims, probate, bankruptcy)
✔✔original jurisdiction - ✔✔the court where the case is started (trial court)
✔✔appellate jurisdiction - ✔✔a court that has the power to hear an appeal from another
court
✔✔federal question - ✔✔rights or obligations of a party are created or defined by some
federal law or the constitution
✔✔diversity of citizenship - ✔✔parties are not from the same state, the amount in
controversy is greater than $75,000, the plaintiff and defendant reside in two different
states
✔✔cyberspace jurisdiction - ✔✔web activities which determine out-of-state defendant
under jurisdiction
- substantial online business- proper jurisdiction
- some interactivity through a website- maybe proper jurisdiction
- passive advertising- proper jurisdiction
✔✔venue - ✔✔geographical district in which an action is tried and from which the jury is
selected; generally proper venue is where the injury occurred or where the defendant
reside/does business
, ✔✔standing to sue - ✔✔the requirement that an individual must have a sufficient stake
in a controversy before bringing the suit
✔✔3 elements of standing to sue - ✔✔1. harm: plaintiff must have actually suffered the
harm
2. causation: connect the defendant's actions to the harm
3. remedy: likely that a favorable court decision will remedy the harm
✔✔trial courts - ✔✔court that is limited and general jurisdiction
✔✔appellate courts - ✔✔court that review questions of law or procedural mistakes by
the trial court
✔✔state's highest court - ✔✔court that decisions are final as to questions of state law
✔✔question of law - ✔✔an issue arising that relates to the determination of what the
law is and how it is applied to the facts
✔✔US district courts - ✔✔court equivalent of state trial court
✔✔US courts of appeals - ✔✔court made of 13 courts (12 based on districts; 13th for
patent cases)
✔✔US supreme court - ✔✔court that is made of 9 justices, can review any case from
the courts of appeals, has appellate authority over federal questions coming from a
state court, and has final authority on the constitution and federal law
✔✔writ of certiorari - ✔✔an order from a higher court to a lower court to send up the
records of a case for review
✔✔alternative dispute resolution - ✔✔inexpensive methods to trial resolution that offer
more privacy over the process and give parties more control; there is no record in ADR
which helps conceal trade secrets
- negotiation
- mediation
- arbitration
✔✔negotiation - ✔✔informal, sometimes without attorneys, where differences are
discusses with the goal of "meeting of the minds" in resolving the case (no third party
involvement)
RATED A+
✔✔in personam jurisdiction (over the person) - ✔✔courts have jurisdiction over
residents in that geographic area, businesses that filed their paperwork in that area, and
businesses with headquarters in that area
✔✔in rem jurisdiction (over the thing) - ✔✔courts have in rem jurisdiction over land
within that state's border
✔✔long-arm statutes - ✔✔courts can use this statute for non-residents and businesses
that have sufficient connection with the forum state to gain jurisdiction
✔✔subject matter jurisdiction - ✔✔limitations on the types of cases a court can hear
- general jurisdiction
- limited jurisdiction
✔✔general jurisdiction - ✔✔can hear any type of case (unless it should go to a court of
limited jurisdiction)
✔✔limited jurisdiction - ✔✔set up to hear specific types of cases (like divorce, small
claims, probate, bankruptcy)
✔✔original jurisdiction - ✔✔the court where the case is started (trial court)
✔✔appellate jurisdiction - ✔✔a court that has the power to hear an appeal from another
court
✔✔federal question - ✔✔rights or obligations of a party are created or defined by some
federal law or the constitution
✔✔diversity of citizenship - ✔✔parties are not from the same state, the amount in
controversy is greater than $75,000, the plaintiff and defendant reside in two different
states
✔✔cyberspace jurisdiction - ✔✔web activities which determine out-of-state defendant
under jurisdiction
- substantial online business- proper jurisdiction
- some interactivity through a website- maybe proper jurisdiction
- passive advertising- proper jurisdiction
✔✔venue - ✔✔geographical district in which an action is tried and from which the jury is
selected; generally proper venue is where the injury occurred or where the defendant
reside/does business
, ✔✔standing to sue - ✔✔the requirement that an individual must have a sufficient stake
in a controversy before bringing the suit
✔✔3 elements of standing to sue - ✔✔1. harm: plaintiff must have actually suffered the
harm
2. causation: connect the defendant's actions to the harm
3. remedy: likely that a favorable court decision will remedy the harm
✔✔trial courts - ✔✔court that is limited and general jurisdiction
✔✔appellate courts - ✔✔court that review questions of law or procedural mistakes by
the trial court
✔✔state's highest court - ✔✔court that decisions are final as to questions of state law
✔✔question of law - ✔✔an issue arising that relates to the determination of what the
law is and how it is applied to the facts
✔✔US district courts - ✔✔court equivalent of state trial court
✔✔US courts of appeals - ✔✔court made of 13 courts (12 based on districts; 13th for
patent cases)
✔✔US supreme court - ✔✔court that is made of 9 justices, can review any case from
the courts of appeals, has appellate authority over federal questions coming from a
state court, and has final authority on the constitution and federal law
✔✔writ of certiorari - ✔✔an order from a higher court to a lower court to send up the
records of a case for review
✔✔alternative dispute resolution - ✔✔inexpensive methods to trial resolution that offer
more privacy over the process and give parties more control; there is no record in ADR
which helps conceal trade secrets
- negotiation
- mediation
- arbitration
✔✔negotiation - ✔✔informal, sometimes without attorneys, where differences are
discusses with the goal of "meeting of the minds" in resolving the case (no third party
involvement)
