In personam - Study guides, Class notes & Summaries

The ____ and ____ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. - Fifth, Fourteenth I am aware there are no makeups given for quizzes. - true A court of original jurisdiction may be referred to as the ______________________ court - trial _________ is the power of the courts to hear a case and render a decision that is biding on the parties. - jurisdiction A court with ___________ jurisd...

COB 218 Chapter 2 Test Questions with Answers The doctrine of judicial review allows - Answer-the judicial branch to decide whether laws or actions of the other two branches are constitutional The power of judicial review has remained unchallenged since which Supreme Court decision? - Answer-Marbury v. Madison When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam. - Answer-False (in rem jurisdiction - jurisdiction over the t...

Primary Source of Law - Answer-a document that *establishes the law* on a particular issue, such as constitution, a statute, an administrative rule, or a court decision. Constitutional Law (4 sources of law) - Answer-law based on documents setting forth for the general organizations, powers, and limits of the government. Executive Orders - Answer-Legally binding directive from the president. Treaties - Answer-written agreements by 2 or more countries. -becomes legally binding when approved...

"Malum in se" - - Wrong in itself - covers most common law crimes legislative - Congress, makes laws executive - President, enforces laws judicial - Supreme Court, interprets laws statutes - laws made by legislature, signed by president/governor substantive law - Law that defines, describes, regulates, and creates legal rights and obligations. procedural law - Law that establishes the methods of enforcing the rights established by substantive law. Utilitarianism - idea that the goal o...

four primary sources of US laws? - constitutional, statutory, administrative, case law/common law doctrines laws establish - rights, duties, and privleges U.S. Constitution is the - supreme law of the land Statutory law includes - federal/state legislation, local ordinances, and uniform laws Admin. law includes - federal/state agenies Case law and common law doctrines include - court rulings King's courts used - precedent what established common law tradition? - King's cou...

Personal Jurisdiction is a two step process that requires plaintiff to: correct answer: 1. Satisfy a Florida Statute 2. Satisfy the Constitution (federal rules) Generally, the analysis is the same as in federal and state court. However, each state is free to have its own statutes for PJ. What are the three types of constitutional personal jurisdiction? correct answer: 1. In Personam Personal Jurisdiction 2. In Rem 3. Quasi In Rem In Personam Jurisdiction correct answer: exists wh...

One of the four elements of negligence - CORRECT ANSWER- Dereliction of duty The statute of limitations refers to - CORRECT ANSWER- the amount of time someone has to file a lawsuit The civil cases seen in courts are suits that involve - CORRECT ANSWERRelationships The term ___ means that specific legal issue was settled in another similar case, setting a precedent - CORRECT ANSWER- stare decisis In rem jurisdiction means that the courts has jurisdiction over - CORRECT ANSWERproperty Laws ...

Judicial Review correct answers The process for making decisions on whether the laws or actions of the other two branches are constitutional or not Marbury V. Madison correct answers Established the power of Judicial Review by saying "If two laws conflict, the courts must decide on the operations of each..." Jurisdiction correct answers Power of the court to speak the law Functions of In Personam Jurisdiction correct answers - Residents of state (sued where the Defendant is a reside...

BLAW 3391 TTU Exam 1 Questions With Verified Answers Laws rules governing relationships among individuals and between individuals and their society. Priorities of Law? (Highest to lowest) Federal Constitution Federal Statutes State Constitution State Statutes Local Ordinances Conflict Order of precedence Agencies created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS). Carry out all functions of the federal government (legislati...

NC BLET CIVIL PROCESS WITH COMPLETE SOLUTIONS 100% Two parties to a civil lawsuit- - correct answer Plaintiff and Defendant Civil Process-Issuing party- - correct answer Clerk of Superior Court Civil Process-Serving Party- - correct answer Sheriff or his deputies Under the law a summons must be issued within______days after the complaint is filed. - correct answer 5 Civil Process-Complaint- - correct answer The initial or first pleading that states the reasons for the lawsuit its...