BLW 302 STUDY GUIDE 2025/2026 QUESTIONS AND
ANSWERS RATED A+
✔✔Concurrent Jurisdiction - ✔✔more than one court can hear the case
Diversity Jurisdiction (State or Federal). You cannot go from one court to another if you
lose
✔✔Venue - ✔✔the most appropriate location for a trial
✔✔Standing to Sue - ✔✔A party must have a sufficient stake in the dispute to justify
seeking relief through the court system
✔✔Federal Court System - ✔✔US District Court (Trial), US Court of Appeals, US
Supreme Court
✔✔U.S. District Courts - ✔✔Trial courts of general jurisdiction, each state (as well as
the District of Columbia and certain other U.S. territories and possessions) has at least
one "district". F.SUPP is where to see the court
✔✔U.S. Courts of Appeals - ✔✔courts that hear appeals from the federal district courts
located within their judicial circuits
✔✔U.S. Supreme Court - ✔✔The court exercises discretionary review over all federal
appellate courts as well as state supreme and appellate courts in some circumstances
✔✔Writ of certiorari - ✔✔A formal writ used to bring a case before the Supreme Court.
Rule of 4
✔✔Negotiation - ✔✔Informal settlement talks. Part of ADR(Alternative Dispute
Reslution)
✔✔Mediation - ✔✔Mediator meets with parties and tries to work a resolution(Alternative
Dispute Resolution)
✔✔Arbitration - ✔✔Arbitrator(s) hears a dispute and makes a decision called an award.
Forced Decision, it is binding. Awards have to be turned into judgments to be collected.
(Alternative Dispute Resolution)
✔✔Attorney Fees - ✔✔Fixed Fee
Hourly Fee
Contingency Fee
✔✔Recovery of Fees - ✔✔English Rule- Loser pays costs
American Rule- Each pay your own unless statute says other party recover fees
, Statute authorizes
Rule authorizes
Contractual Language - language in contract that says successful party will recover fees
✔✔Complaint - ✔✔Details the facts, allegations. Service of process copy of the
complaint and a summons to the defendant. Default judgment for a plaintiff, if defendant
does not answer.
✔✔Answer - ✔✔the defendant's response to the complaint. Filed after receiving a
complaint. says admit or deny
✔✔Affirmative Defense - ✔✔burden is on defendant to introduce proof. you list them
✔✔Counterclaims - ✔✔Defendant sues plaintiff, and the plaintiff answers by filing a
reply
✔✔Motion to Dismiss - ✔✔a motion that asks the court to dismiss the case for a
specified reason, such as lack of personal jurisdiction or failure to state a claim
✔✔Motion for Summary Judgment - ✔✔A motion asking the court to enter a judgment
without a trial
No questions of Fact only question of Law
✔✔Depositions - ✔✔sworn testimony recorded and transcribed by a court reporter
✔✔Interrogatories - ✔✔written questions for which written answers are prepared and
then signed under oath. Attorney can help you answer these
✔✔Requests for Admission - ✔✔Questions to the responding party phrased in an
"admit" or "deny" format, giving no opportunity for explanation, and binding the
responding party to its admissions.
✔✔requests for documents, objects, and entry upon land - ✔✔Most frequently is
request for documents
✔✔Requests for Examination - ✔✔IF physical/mental at issue
Mechanical devises
Location of event
✔✔Spoliation of Evidence - ✔✔destruction of evidence
Adverse inference - they will assume the worse becasue they assume the information
was bad for the case
ANSWERS RATED A+
✔✔Concurrent Jurisdiction - ✔✔more than one court can hear the case
Diversity Jurisdiction (State or Federal). You cannot go from one court to another if you
lose
✔✔Venue - ✔✔the most appropriate location for a trial
✔✔Standing to Sue - ✔✔A party must have a sufficient stake in the dispute to justify
seeking relief through the court system
✔✔Federal Court System - ✔✔US District Court (Trial), US Court of Appeals, US
Supreme Court
✔✔U.S. District Courts - ✔✔Trial courts of general jurisdiction, each state (as well as
the District of Columbia and certain other U.S. territories and possessions) has at least
one "district". F.SUPP is where to see the court
✔✔U.S. Courts of Appeals - ✔✔courts that hear appeals from the federal district courts
located within their judicial circuits
✔✔U.S. Supreme Court - ✔✔The court exercises discretionary review over all federal
appellate courts as well as state supreme and appellate courts in some circumstances
✔✔Writ of certiorari - ✔✔A formal writ used to bring a case before the Supreme Court.
Rule of 4
✔✔Negotiation - ✔✔Informal settlement talks. Part of ADR(Alternative Dispute
Reslution)
✔✔Mediation - ✔✔Mediator meets with parties and tries to work a resolution(Alternative
Dispute Resolution)
✔✔Arbitration - ✔✔Arbitrator(s) hears a dispute and makes a decision called an award.
Forced Decision, it is binding. Awards have to be turned into judgments to be collected.
(Alternative Dispute Resolution)
✔✔Attorney Fees - ✔✔Fixed Fee
Hourly Fee
Contingency Fee
✔✔Recovery of Fees - ✔✔English Rule- Loser pays costs
American Rule- Each pay your own unless statute says other party recover fees
, Statute authorizes
Rule authorizes
Contractual Language - language in contract that says successful party will recover fees
✔✔Complaint - ✔✔Details the facts, allegations. Service of process copy of the
complaint and a summons to the defendant. Default judgment for a plaintiff, if defendant
does not answer.
✔✔Answer - ✔✔the defendant's response to the complaint. Filed after receiving a
complaint. says admit or deny
✔✔Affirmative Defense - ✔✔burden is on defendant to introduce proof. you list them
✔✔Counterclaims - ✔✔Defendant sues plaintiff, and the plaintiff answers by filing a
reply
✔✔Motion to Dismiss - ✔✔a motion that asks the court to dismiss the case for a
specified reason, such as lack of personal jurisdiction or failure to state a claim
✔✔Motion for Summary Judgment - ✔✔A motion asking the court to enter a judgment
without a trial
No questions of Fact only question of Law
✔✔Depositions - ✔✔sworn testimony recorded and transcribed by a court reporter
✔✔Interrogatories - ✔✔written questions for which written answers are prepared and
then signed under oath. Attorney can help you answer these
✔✔Requests for Admission - ✔✔Questions to the responding party phrased in an
"admit" or "deny" format, giving no opportunity for explanation, and binding the
responding party to its admissions.
✔✔requests for documents, objects, and entry upon land - ✔✔Most frequently is
request for documents
✔✔Requests for Examination - ✔✔IF physical/mental at issue
Mechanical devises
Location of event
✔✔Spoliation of Evidence - ✔✔destruction of evidence
Adverse inference - they will assume the worse becasue they assume the information
was bad for the case
