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16 Cards in this Set
- Front
- Back
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Will a contract action survive the death of the P or D?
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survives both regardless of whether the action was filed prior to death
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Will a tort action survive the death of a P or D if filed prior to death?
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If filed prior to death, it survives P or D (except for claims of injury to reputation)
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Will a tort action survive the death of a P or D if NOT filed prior to death?
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Survives the death of the D-can recover from estate
Does not survive death of P |
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The Federal Arbitration Law preempts state law if it is applicable to the contract in issue if:
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1. K is in writing
2. affects interstate commerce |
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What is Jurisdiction?
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the authority of a court to hear a case and enter a binding judgment
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What is Subject Matter Jurisdiction?
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defines the TYPES of cases which may be brought before a given court
if court lacks SMJ judgment is void and subject to collateral attack |
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What is J over the person or thing?
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defines the LIMITS of a court's power over a person or piece of property
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What is the exclusive original SMJ of Alabama Circuit Courts?
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1. Claims more than $10k (amt. asked for in complaint)
2. Claims for equitable relief (ie:specific performance) |
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What do the Al Circuit Ct and District Ct have concurrent original J over?
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Claims more than 3k, but not exceeding 10k (3,001 is enough for concurrent)
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What does AL Circuit Ct have removal J over?
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Probate matters must be filed originally in probate courts but may be removed to CC
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What matters does AL Circuit Court have Appellate J over?
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Cases from DC, Probate or Municipal Ct (Civil or Criminal)
Trial De Novo |
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When can a matter bypass the Circuit Ct on appeal?
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if there is an adequate factual record or stipulation of facts. the parties must stipulate that the appeal is on an issue of law, otherwise it must go to CC
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What is the Exclusive J of AL DC?
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Claims that don't exceed $3k without interests and costs
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What matters does AL DC have concurrent J with AL CC?
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1. Claims more than 3k but not exceeding 10k (small claims)
2. equitable defenses or compulsory counterclaims in cases within DC's J. 3. Juvenille (including equitable matters) |
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What may the DC EXPRESSLY NOT have J over?
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1.equitable relief except for if relief is sought in a compulsory counterclaim OR
juvenile proceedings 2. declaratory judgment 3. appeals from probate or muni ct 4. certain Rule 81 actions |
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In what court should P file a contract action seeking damages of:
1. 3k 2. 3,001 3. 10k 4. 10,001 |
1. DC
2. either 3. either 4. CC |
