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NCSU MIE 305 Exam 1 (Chapters 1-3) (2).
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NCSU MIE 305 Exam 1 (Chapters 1-3) (2).
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NCSU MIE 305 Exam 1 (Chapters 1-3)amount in controversy - ANS-the amount at stake in a lawsuit
answer - ANS-Procedurally, a defendant's response to the plaintiff's complaint.
Appellant - ANS-a person who applies to a higher court for a reversal of the decision of a lower
court
Appellate jurisdiction - ANS-The authority of a court to review decisions made by lower courts
Appellee - ANS-The party opposing an appeal from a lower court to an appellate court.
basics of federal diversity jurisdiction - ANS-The judicial power shall extend to all cases, in law
and equity. . . to controversies between two or more states;--between a state and citizens of
another state;--between citizens of different states
P & D must be from different states!
Situs and nerve center tests
P must fairly allege in excess of $75k
The Strawbridge Rule
P is "master of the lawsuit," but D has power of removal (immediate transfer to federal court; P
must fight it, if at all, there)
Burdens of proof in civil cases - ANS-The plaintiff has the burden of proving his case by a
preponderance of the evidence ("clear and convincing evidence" sometimes required by statute,
not CL)
certiorari - ANS-A writ or order by which a higher court reviews a decision of a lower court.
challenges for cause - ANS-A challenge that aims to disqualify a potential juror for some stated
reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial
evaluation of the evidence presented in court.
civil law - ANS-The system of law concerned with private relations between members of a
community rather than criminal, military, or religious affairs.
complaint - ANS-a pleading that is filed which must state all of the plaintiff's claims against the
defendant, and must also specify what remedy the plaintiff wants. The defendant must respond
with an answer.
concurring opinions of an appellate court - ANS-the separate judicial opinion of an appellate
judge who voted with the majority
, counterclaims - ANS-Defendant sues plaintiff, and the plaintiff answers by filing a reply
criminal law - ANS-Legally enforceable rules that forbid certain conduct as being detrimental to
the welfare of the state or the people generally, and provides punishment for their violation.
default judgment - ANS-A judgment entered by a court against a defendant who has failed to
appear in court to answer or defend against the plaintiff's claim.
Defendant - ANS-an individual, company, or institution sued or accused in a court of law.
dicta - ANS-statements of the court that are not necessary to decide the controversy before the
court
Difference between jurisdiction and venue - ANS-"Jurisdiction" means that a court has the
power to exercise authority over all persons and things within its territory. ... "Venue" is the
geographical location of a particular court
discovery process in civil cases - ANS-designed to take surprise out of litigation and to ensure
that the results of lawsuit are based on the merits of the controversy rather than on the ability,
skill, or cunning of counsel; prevent a party or a witness from remaining silent about material
facts; ensure that all potential testimony and other evidence are equally available to both parties
dispositive motions - ANS-Motions heard by the court any time before trial that have the effect of
deciding and terminating the lawsuit without the necessity of a trial.
Such a motion raises questions of law, not questions of fact.
dissenting opinions of an appellate court - ANS-an opinion in a legal case in certain legal
systems written by one or more judges expressing disagreement with the majority opinion of the
court which gives rise to its judgment
Do legal systems have to be written? - ANS-For code law yes, for civil and common law no.
Do the differences between primary and secondary authority change depending on what court
one is in? - ANS-If the legal resource is from somewhere else or here, then it becomes
controlling or persuasive
enforceability of arbitration agreements in contracts - ANS-Arbitration clauses in contracts are
enforceable, and state contract law is unlikely to undermine them
Equity - ANS-A particular set of remedies and associated procedures involved with civil law.
These equitable doctrines and procedures are distinguished from "legal" ones. While legal
remedies typically involve monetary damages, equitable relief typically refers to injunctions,
specific performance, or vacatur. A court will typically award equitable remedies when a legal
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