LES 305 Exam Study Guide with
Complete Solutions
Civil Laws - Answer️️ -Law that is designed to compensate individual
parties for losses caused by another's conduct
Preemption - Answer️️ -The power granted by the Supremacy Clause to
override state law
In determining whether a trial wa...
Civil Laws - Answer✔️✔️-Law that is designed to compensate individual
parties for losses caused by another's conduct
Preemption - Answer✔️✔️-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: -
Answer✔️✔️-- 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: -
Answer✔️✔️-Subject matter jurisdiction and personal jurisdiction
Appellate courts - Answer✔️✔️-set precedent
Statutes - Answer✔️✔️-Passed by the federal or a state legislature and are
either approved/rejected by the executive branch
Federal Jurisdiction Law originates: - Answer✔️✔️-from the US Constitution
State Courts - Answer✔️✔️-adjudicates cases arising under state statutes,
state common law, or state constitutional law
Federal Courts - Answer✔️✔️-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: - Answer✔️✔️-State trial courts and state
appellate courts
State Trial Courts - Answer✔️✔️-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) - Answer✔️✔️-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) - Answer✔️✔️-to send a case back to a lower court
to be tried again
State Appellate Courts - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-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 - Answer✔️✔️-a court's authority to hear and decide cases
- must have personal jurisdiction and subject matter jurisdiction
Venue - Answer✔️✔️-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
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