Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

23 Cards in this Set

  • Front
  • Back


Substantive law

Rights and duties

Substances = subdivide into topics


Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

Personal Jurisdiction

Wherever you or the individual is located.

Federal Jurisdiction

Federal Court System

If someone has a federal question

Diversity of citizenship AND issue of $75,000 +

In Rem Jurisdiction

Suing an Asset like shipping crates.

Have to request something of the asset i/e percentage or part ownership

Alternative Dispute resolution

Offer & Settlement




Trial Courts

Varies by your jurisdiction

Looks at witnesses/evidence

Small Claims, Civil Court, Criminal Court

Small Claims Court

Usually service contracts


Usually $5,000 or less

Civil Court

Above small claims value. If suing for larger dollar amounts.

Copyright claims.

Criminal court

For all crimes

Appellate Court & Supreme Court

Appealing based on an error in the trial court

Parties To A Case

Plaintiff V.S Defendant

Supreme Court Decision Makers

Justice: Supreme Court

Judge: Trial, Appeals

Jury: Trial Only

Common Law

Looking at past laws and coming to a better conclusion by analyzing past events

Statues & Regulations

Laws created federal/state based

Regulations = federally created by administrative agencies.

What can we request?

Injunction: Stop Order

Specific Performance: Contract that requires a specific skill set to fulfill the job

Rescission: Asking the court to cancel the contract to start from scratch [usually only if there is fraud involved.]


Compensatory Damages:

Consequential Damages:

Punitive Damages:

Nominal Damages

Compensatory Damages


Consequential Damages

Consequences of accepting a deal

Punitive Damages

meant to send a message and deter future behavior

Nominal Damages

Suing for the principal. No tangible financial loss always awards less than $500

Duty To Mitigate

Requirement to pursue your case as soon as possible


Long Arm Statute!! - Will pull your from anywhere back into an area or prison.


Long Arm Statute!! - Will pull your from anywhere back into an area or prison.