_____ have exclusive jurisdiction over claims arising under federal statutes - ANSWER Federal
Courts
Concurrent Federal Jurisdiction - ANSWER Both state and federal courts have jurisdiction over
a case
Concurrent Federal Jurisdiction occurs when theres - ANSWER Diversity of Citizenship
Subject...
BUL 4421 Gendler Midterm Review FAU
Exam with 100% Correct Verified Answers
_____ have exclusive jurisdiction over claims arising under federal statutes - ANSWER Federal
Courts
Concurrent Federal Jurisdiction - ANSWER Both state and federal courts have jurisdiction over
a case
Concurrent Federal Jurisdiction occurs when theres - ANSWER Diversity of Citizenship
Subject Matter Jurisdiction - ANSWER A court's power to hear certain kinds of cases
In Rem Jurisdiction - ANSWER Jurisdiction over a thing
Quasi in Rem Jurisdiction - ANSWER Over a defendant's property unrelated to the plaintiff's
claim
Diversity Jurisdiction - ANSWER Must satisfy 2 elements in order for the Federal Courts
to exercise jurisdiction utilizing diversity of citizenship
What are the elements to satisfy Diversity Jurisdiction? - ANSWER - The Plaintiff does not
reside in the same state as the defendant
- The controversy concerns an amount in excess of $75,000
Courts use party's residence to determine - ANSWER Diversity
,Corporations are residents of the state if - ANSWER - Incorporation
- Principal place of business
Complaint - ANSWER Specifies the factual and legal basis for the lawsuit
Summons - ANSWER Notifies defendant of the lawsuit and explains how and when to
respond to the complaint
Service of Process - ANSWER The procedure by which the complaint and summons are served
upon the defendant
Default Judgement - ANSWER A judgement in favor of the Plaintiff that occurs when the
defendant fails to answer the complaint and the Plaintiff's complaint alleges faces that
would support such a judgement
A default judgement is in favor of the - ANSWER Plaintiff
A Motion for Judgement on the Pleadings - ANSWER Requests for the court to consider that all
the facts in the pleadings are true and to apply the law to those facts
The Judgement on the Pleadings will grant the motion if - ANSWER It finds that the
only reasonable decision is in favor of the moving party
A Motion for Summary Judgement - ANSWER Asserts that no factual disputes exist and that if
the judge applied the law to the undisputed facts, the only reasonable decision would be in
favor of the moving party
, The difference between Motion for Judgement on the Pleadings and Motion for Summary
Judgement is that in MSJ - ANSWER The moving party may use affidavits (relevant documents)
and depositions (interrogatories) in support of the motion
How do parties gather information before trial? - ANSWER Interrogatories, Request to
Produce Documents, Depositions
Interrogatories - ANSWER Written questions that one party sends to the other party to
be answered under oath
Request to Produce Documents - ANSWER Forces the opposing party to turn over certain
information unless its privileged
Deposition - ANSWER Attorneys examine a witness under oath, and a court reporter records
every word the witness speaks
Alternative Dispute Resolution - ANSWER Refers to the resolution of legal disputes through
methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials,
minitrials, early neutral case evaluations and private trials
Alternative Dispute Resolutions are usually less expensive and less time-consuming than _____
- ANSWER Litigation
Arbitration - ANSWER Resolution of a dispute by a neutral third party outside of judicial setting
Arbitration is a voluntary process in that parties typically have a _____ to arbitrate any disputes
- ANSWER Contractual Agreement
Arbitration Hearing - ANSWER Similar to a trial. Both parties present their case to a neutral
third-party; they may represent themselves or use legal council
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