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LES 305 Practice Exam | Questions And Answers Latest {} A+ Graded | 100% Verified
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LES 305 Practice Exam | Questions And Answers Latest {} A+ Graded | 100% Verified
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LES 305 Practice Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100%Verified
Civil Laws - Law that is designed to compensate individual parties for losses caused by another's conduct
Preemption - The power granted by the Supremacy Clause to override state law
In determining whether a trial was conducted in accordance with the legal rules and doctrines of that
state, an appellate court will generally: - - Review the transcripts of the lower court
- Hear oral arguments
- Read briefs from the attorneys
In order for a court to have jurisdiction over a dispute, it must have: - Subject matter jurisdiction and
personal jurisdiction
Appellate courts - set precedent
Statutes - Passed by the federal or a state legislature and are either approved/rejected by the executive
branch
Federal Jurisdiction Law originates: - from the US Constitution
State Courts - adjudicates cases arising under state statutes, state common law, or state constitutional
law
Federal Courts - concerned primarily with national laws, federal constitutional issues, and other cases
that are outside the purview of state courts
All states have two type of courts: - State trial courts and state appellate courts
,State Trial Courts - when one party alleges a violation of some legal right or standard, the aggrieved
party (plaintiff) may bring a lawsuit against the alleged violator (defendant)
- Either have general authority to hear any case or limited authority to hear a particular type of case.
For minor matters/low-dollar value cases -> local courts
Trial de Novo (state trial court) - Literally, "new trial." The term is applied to cases that are retried on
appeal, as opposed to those that are simply reviewed on the record.
Remand (state trial court) - to send a case back to a lower court to be tried again
State Appellate Courts - State-level courts of precedent, concerned primarily with reviewing the
decisions of trial courts.
-if appellate court denies an appeal, the trial court ruling is binding on the parties in that case.
Federal Courts - The courts of the national government that deal with problems between states, with
the constitution, and with laws made by congress.
U.S. Supreme court is ultimate arbiter of federal law.
Federal appellate courts = U.S. Courts of Appeals
U.S. Supreme Court - the highest court of the United States; it sits at the top of the federal court system.
- has appellate authority to decide any appeal from any US Circuit Court of Appeal.
- exercises appellate authority over state supreme courts when a federal issue is involved
, Writ of Certiorari - A discretionary order issued by the Supreme Court granting a request to argue an
appeal.
- party filing for appeal must file a petition for writ of certiorari
- 4 of 9 justices must vote to hear case before appeal is accepted
(An order by a higher court directing a lower court to send up a case for review)
Circuit Split - when two or more circuit courts have different rules on the same issue of law; often the
Supreme Court will step in to resolve the split
Jurisdiction - a court's authority to hear and decide cases
- must have personal jurisdiction and subject matter jurisdiction
Venue - The geographical district in which an action is tried and from which the jury is selected.
- State statutes provide that venue in a civil case where defendant resides or is headquartered
- In criminal case, venue is ordinarily where the crime is committed
Issue for businesses that file out-of-state lawsuits - litigating disputes in out-of-state courts will increase
costs of litigation
Subject Matter Jurisdiction (Federal District Court) - Authority over the dispute is based on federal
question or diversity of citizenship.
- parties from 2 different states (or amount in controversy more than $75k)
Federal District Courts - The district court is the lowest level of Federal court with general jurisdiction.
This is the trial court or first to hear the dispute in the Federal system. It has the power to determine the
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