Exam Q&A 100% Pass | Latest Update
Federal Laws - ✔✔Laws that come from the government of the United
States
State Laws - ✔✔Laws created by individual states
Common Law - ✔✔Legal ideas that originate in court opinions
Statutory Law - ✔✔Legal rules created by bodies of elected representatives
Statute - ✔✔When the Congress or a state legislature creates a new law
Civil lawsuit - ✔✔People seeking compensation from others for wrongdoing
against them
Criminal Lawsuit - ✔✔The government prosecuting someone for breaking
the law
District Courts - ✔✔First stop of every lawsuit, where lawyers file pleadings,
select juries, place witnesses on the stand for examination. Judges rule on
motions and objections, give juries instructions, and enter judgments.
Juries listen to evidence, deliberate, and return verdicts.
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,U.S. Courts of Appeal or circuit courts - ✔✔If parties to a lawsuit are
dissatisfied with how a trial court handled a case, they can take an appeal
here. Where a panel of judges reviews the case for errors. Intermediate
appellate courts
Supreme Court - ✔✔If a party is unhappy with an intermediate court's
actions, it can ask a this court to give a final review to the case.
Jurisdiction - ✔✔A court's power or authority over a case
Subject matter jurisdiction - ✔✔A court's power to hear a particular type or
category of case. Some courts have been created to decide only one
particular kind of case.
Federal courts only have subject matter jurisdiction over 2 major types of
lawsuits - ✔✔Federal Question Cases and Diversity of Citizenship Cases
Federal Question Cases - ✔✔Plaintiffs base their claims on federal laws or
statutes. (Ex: Plaintiffs believe they should win their case because of Civil
Rights of 1964 or provision to the U.S Constitution)
Diversity of Citizenship Cases - ✔✔Plaintiff & defendants live in different
states and plaintiffs seeks at least $75,000
Federal courts - ✔✔Courts of limited jurisdiction (limited to the types of
cases the Constitution says they can hear)
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,State courts - ✔✔Courts of general jurisdiction that have much broader
subject matter jurisdiction and can even entertain federal question and
diversity cases, with some major exceptions.
Personal jurisdiction - ✔✔A court's power or authority over the parties
involved in a lawsuit. Plaintiffs voluntarily submit themselves to a court's
jurisdiction upon filing a lawsuit, so the focus here is always on defendants.
Under what circumstances does a court come to have authority over a
defendant? - ✔✔A court has personal jurisdiction over a defendant if he
makes an appearance, or takes a formal step to defend a lawsuit. A
defendant may also be served with a summons, or formal notice of a
lawsuit.
Long arm statutes - ✔✔This statue can establish personal jurisdiction if a
defendant has had minimum contacts, or some reasonable degree of
interaction, with a state
When can a lawsuit proceed without a court having personal jurisdiction
over a defendant? - ✔✔When a court has in rem jurisdiction over property
located in the same state that a court sits, it can act as a substitute for
personal jurisdiction if the property is the focus of the claim
True
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Any case that arises out of a federal statute, such as the Americans with
disabilities act, can be brought in a Federal District court. - ✔✔T/F A claim
arising out of the Americans with disabilities act, which is a Federal statute,
would be a Federal Question case and, therefore, be within a federal
district court's jurisdiction.
Courts of limited jurisdiction - ✔✔Includes justice of the peace courts,
municipal courts, traffic courts, probate courts, and domestic relations
courts.
False
An effective manager will attempt to alter political situations and regulations
to aid their company. - ✔✔T/F An effective manager of a corporation
should not attempt to alter political situations.
True
Criminal cases require that the case be proved "beyond a reasonable
doubt." Civil cases vary, but generally require proof by a "preponderance of
evidence." - ✔✔T/F For a criminal trial, the government must prove their
case "beyond a reasonable doubt" in order to secure a guilty verdict
True
4
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.