Civil Lit 1 - Week 3 Self Test

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Civil Lit 1 - Week 3 Self Test
2013-02-10 17:28:16
Civil Litigation

Civil Litigation Self Test
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  1. Explain the difference between jurisdiction and venue.
    Jurisdiction is the power of the court to hear a case.  Venue is the geographic area where the court case may be heard. 

    Difference between jurisdiction and venue is that you would never waive The right to waive the right to object to jurisdiction (can always object tojurisdiction) even last minute.  Venue must be objected toblunt only in a timely manner.  If you fail to waive you lose the right to waive venue.
  2. List 3 ways a plaintiff could get into Federal District Court (i.e. Subject matter jurisdiction)
    • Diversity of Citizenship
    • Federal .....
    • Exclusive jurisdiction
  3. Explain the difference between what takes place at the trial court level.
    • No oral argument
    • Yes there is a presentation of evidence - facts
    • There is a judge and/or jury
    • The verdict is converted into a judgment.
  4. Explain what takes place at the Apellate court level.
    • Oral argument
    • No new evidence presented
    • There is a  review panel - 3 justices that affirm, reverse, or remand the decision.
    • Brought to apellate court to review for errors of law or abuse of discression.
  5. List the four elements of a valid contract.
    • 1. Mutual agreement
    • 2. 
    • 3. Legal capacity
    • 4. ? Value subject matter
  6. Is it possible to get into Federal court based on diversity of citizenship?