LPP 255 Midterm Exam Study
Guide
civil law - Answer requires a preponderance of the evidence. (5/6)
criminal law - Answer beyond a reasonable doubt (12/12)
case precedent - Answer each decision and interpretation becomes a legal precedent.
stare decisis - Answer "to stand on things decided"
binding authority - Answer constitution, supreme court cases, federal and state statutes
persuasive authority - Answer court decisions from other jurisdictions
legal realism - Answer law is not simply a result of the written law, but a product of the
views of the judicial decision makers, as well, as social, economic, and contextual
influences.
jurisdiction - Answer courts power to speak on a matter
original jurisdiction - Answer power of a court to hear a case for the first time.
appellate jurisdiction - Answer power to reverse a decision
personal jursdiction - Answer a court's jurisdiction over the parties to a lawsuit. need In
Personam, In Rem, or a long-arm statute
in personam jurisdiction - Answer power of a court to compel the presence of the
parties to a dispute to appear before the court and litigation
4 ways to get "in personam" - Answer 1. Domicile
2. Tag Jurisdiction (Served)
3. Forum Selection Clause (contract)
4. consent
long arm statutes - Answer courts use these statutes for non-resident parties based on
previous contacts in that state.
Marbury vs Madison - Answer establised judicial review
general jurisdiction - Answer any matter except a few
limited jurisdiction - Answer limited amount of cases to choose from
exclusive jurisdiction - Answer authority of only federal courts to hear and decide cases
, concurrent jurisdiction - Answer authority shared by both federal and state courts
subject matter jurisdiction - Answer federal question or diversity of citizenship
federal question - Answer are the rights of a party created by federal law or the
constitution
diversity of citizenship - Answer opposing parties are not domiciled in the same state.
the amount is greater than $75,000
online jurisdiction - Answer courts use a sliding scale. "passive website" to "substantial
business interaction"
2 domiciles of a business - Answer where they are incorporated and the principle place
of business
venue - Answer specific court location
standing to sue - Answer a party must have suffered a legal injury and have a sufficient
stake in the controversy
factor test for standing to sue - Answer 1. harmed in some way or imminent and
concrete risk
2. causation
3. redress-ability- court has to be able to do what you're suing for
trial courts - Answer general jurisdiction, both civil and criminal cases
state courts - Answer limited jurisdiction
small claims court - Answer informal, less than 5,000
appellate courts - Answer deciding a matter of law, not fact. they review trial courts to
determine whether proper procedure took place
writ of certiorari - Answer an order by a higher court directing a lower court to send up
a case for review (4/9)
tort - Answer wrongful act or an infringement of a right leading to civil liability
compensatory damages - Answer money paid to cover damages
punitive damages - Answer excess
special compensatory damages - Answer cover quantifiable losses (receipt)
general compensatory damages - Answer address non-monetary damages (pain and
suffering)
intent - Answer "intended the consequences" "knew with substantial certainty that
Guide
civil law - Answer requires a preponderance of the evidence. (5/6)
criminal law - Answer beyond a reasonable doubt (12/12)
case precedent - Answer each decision and interpretation becomes a legal precedent.
stare decisis - Answer "to stand on things decided"
binding authority - Answer constitution, supreme court cases, federal and state statutes
persuasive authority - Answer court decisions from other jurisdictions
legal realism - Answer law is not simply a result of the written law, but a product of the
views of the judicial decision makers, as well, as social, economic, and contextual
influences.
jurisdiction - Answer courts power to speak on a matter
original jurisdiction - Answer power of a court to hear a case for the first time.
appellate jurisdiction - Answer power to reverse a decision
personal jursdiction - Answer a court's jurisdiction over the parties to a lawsuit. need In
Personam, In Rem, or a long-arm statute
in personam jurisdiction - Answer power of a court to compel the presence of the
parties to a dispute to appear before the court and litigation
4 ways to get "in personam" - Answer 1. Domicile
2. Tag Jurisdiction (Served)
3. Forum Selection Clause (contract)
4. consent
long arm statutes - Answer courts use these statutes for non-resident parties based on
previous contacts in that state.
Marbury vs Madison - Answer establised judicial review
general jurisdiction - Answer any matter except a few
limited jurisdiction - Answer limited amount of cases to choose from
exclusive jurisdiction - Answer authority of only federal courts to hear and decide cases
, concurrent jurisdiction - Answer authority shared by both federal and state courts
subject matter jurisdiction - Answer federal question or diversity of citizenship
federal question - Answer are the rights of a party created by federal law or the
constitution
diversity of citizenship - Answer opposing parties are not domiciled in the same state.
the amount is greater than $75,000
online jurisdiction - Answer courts use a sliding scale. "passive website" to "substantial
business interaction"
2 domiciles of a business - Answer where they are incorporated and the principle place
of business
venue - Answer specific court location
standing to sue - Answer a party must have suffered a legal injury and have a sufficient
stake in the controversy
factor test for standing to sue - Answer 1. harmed in some way or imminent and
concrete risk
2. causation
3. redress-ability- court has to be able to do what you're suing for
trial courts - Answer general jurisdiction, both civil and criminal cases
state courts - Answer limited jurisdiction
small claims court - Answer informal, less than 5,000
appellate courts - Answer deciding a matter of law, not fact. they review trial courts to
determine whether proper procedure took place
writ of certiorari - Answer an order by a higher court directing a lower court to send up
a case for review (4/9)
tort - Answer wrongful act or an infringement of a right leading to civil liability
compensatory damages - Answer money paid to cover damages
punitive damages - Answer excess
special compensatory damages - Answer cover quantifiable losses (receipt)
general compensatory damages - Answer address non-monetary damages (pain and
suffering)
intent - Answer "intended the consequences" "knew with substantial certainty that
