General Topics

Substantive vs Procedural Law

Criminal vs. Civil Law
o Both can occur
o Criminal: breaking laws
o Civil: Lawsuit
Factual vs. Legal determination
o Factual determination is not likely to be reviewable on appeal, legal is
Federal courts can only hear:
o Federal question: Cases brought under federal statute such as
bankruptcy, patent law, antitrust law, criminal law, etc.
o Diversity jurisdiction: Need complete diversity and cases involve over
$75,000
Trial courts vs. Court of appeals
US Court of Appeals for the Seventh Circuit (Wisconsin, Illinois, Indiana only)
o Fifth Circuit (Texas)
o Thirteen Circuits
US Supreme Court only hears appeals from state supreme courts or federal
courts
Methods of resolution:
o Negotiation (most common)
o Litigation
o Mediation
o Arbitration
Any person can file a lawsuit in any state. State trial courts are courts of
general SMJ
o Federal courts are of limited SMJ

Review Questions
1. In which case did the Supreme Court assert that it had the power of judicial
review?
a. Marbury v. Madison
2. Congress passed the Patient Protection and Affordable Care Act in 2010.
Assume the Supreme Court determines that the Act is unconstitutional. If
Congress disagrees with the Supreme Court, they may revise the portion of
the Act deemed unconstitutional, and re-enact the revised version of the Act.
a. True
3. Which of the following laws should be classified as substantive?
a. Both: A state constitutional provision that prohibits pension benefits
from being diminished or impaired after they are bestowed
b. A state statute that provides criminal penalties for operating a vehicle
without certain levels of automobile insurance
4. If a supplier is found by a jury to have breached its contract with an
automobile manufacturer and damages are awarded by the jury to the
automobile manufacturer, which of the following issues is most likely to be
reviewable on appeal?

a. Both: The legal determination by the judge presiding over the trial that
certain evidence offered by the supplier was not admissible at trial
b. The legal determination by the judge that punitive damages were not
available for recovery by the automobile manufacturer under state law
5. Which of the following cases could be filed in federal court?
a. Both: A citizen of new York sues another citizen of New York for
$50,000 alleging that his patent to new technology has been infringed
upon by a similar product being sold by another citizen
b. An employee sues his employer saying that he was discriminated
against on the basis of his age in violation of the Age Discrimination in
Employment Act of 1967 (a federal statute). The employee and
employer are both citizens of Illinois and the employee is seeking
$50,000 in damages.
6. Zach is driving in excess of the speed limit in a neighborhood and loses
control of his vehicle around a curve, crashing into a parked, unoccupied
vehicle. What type of law did Zack violate?
a. Zachs conduct here violates criminal law prohibitions on driving in
excess of a posted speed limit and also constitutes negligence
subjecting him to a potential civil lawsuit by the owner of the parked
vehicle.
7. A judge concludes that Jeffs Construction is liable to the State of Texas for
damages to the State of Texas arising out of a breach of a construction
contract. The case was heard in the United States District Court for the
Northern District of Texas. Jeffs Construction wants to file an appeal of the
decision. Which of the following courts will hear his appeal?
a. US Court of Appeals for the Fifth Circuit
8. Which of the following methods of civil dispute is the most common?
a. Negotiation
9. Patrick (an Illinois resident) and Sara (an Indiana resident) enter into a
contract for Sara to sell a vacation home in Wisconsin to Patrick. After the
purchase of the home, Patrick discovers significant undisclosed defects in the
vacation home. Patrick sues Sara for $150,000 to recover the cost of the
repairs to the vacation home. Would a federal court have subject matter
jurisdiction over the lawsuit initiated by Patrick?
a. Yes, a federal court would have SMJ over this lawsuit because Patrick
and Sara are completely diverse and the amount in controversy
exceeds $75,000.
10.Cont. from 9: Would a Wisconsin trial court have subject-matter jurisdiction
(SMJ) over the lawsuit initiated by Patrick?
a. Yes, a Wisconsin trial court would have SMJ over this lawsuit because
state trial courts are courts of general SMJ.
11.Cont. from 9: If Patrick files the case in Illinois state court, the court could
obtain personal jurisdiction over the parties even if Sara does not consent to
suit there.
a.