Deck 3: Courts, sources of law, and dispute resolution

Question 1

The process of questioning the witnesses is called voir dire.

Answer 1

False

Question 2

There is no minimum monetary requirement for lawsuits involving a federal question.

Answer 2

True

Question 3

An en banc hearing is when all the judges of a court of appeals will sit together to hear a particularly important case.

Answer 3

True

Question 4

Negotiating business contracts by means of telephone calls or the mail is insufficient to provide state court with personal jurisdiction over an individual so long as the individual is out-of-state when such contacts are made.

Question 5

The process of questioning the potential jurors is called discovery.

Question 6

A cite such as 2004 WL 1208516 may be found on Westlaw.

Question 7

A corporation may have dual citizenship for purposes of diversity of citizenship.

Question 8

Jury challenges for cause are called preemptory challenges.

Question 9

Court opinions are published in collections of court opinions called reporters.

Question 10

State trial courts generally have limited jurisdiction.

Question 11

A judge is always compelled to follow restatements of law in making a decision.

Question 12

Parties may never agree in advance which law will govern a dispute in the event that one develops.

Question 13

Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction.

Question 14

Federal diversity jurisdiction exists when the controversy is between citizens of two different states and the amount in controversy exceeds $25,000.

Question 15

There are fifty-one U.S.Courts of Appeal,one for each of the states in the United States and one for the District of Columbia.

Question 16

For diversity jurisdiction to exist there must be litigants from at least three different states.

Question 17

Federal regulations and rules are printed in the Code of Federal Regulations which is revised and updated on a yearly basis.

Question 18

When a class action is involved,there is never any opportunity for someone who wants to litigate separately to opt out.

Question 19

Long-arm statutes subject an out-of-state defendant to the jurisdiction of the court.

Question 20

Federal judges are appointed for life.

Question 21

If the defendant does not file an answer within the time required,a(n)____________ may be entered in favor of the plaintiff.

A)default judgment
B)answer pro se
C)concession judgment
D)coercive judgment

Question 22

Which of the following was Congress's first piece of legislation?

A)"An Act to Establish the Judicial Courts of the United States"
B)"An Act Authorizing the Declaration of War"
C)"An Act Establishing Independent State Governments"
D)"An Act Authorizing the Establishment of a Supreme Court"

Question 23

Case law,the legal rules made by judges when they decide a case where no constitution,statute or regulation exists to resolve the dispute,is known as ________.

A)English law
B)Civil law
C)Common law
D)Disputed law

Question 24

When it decides to hear a case,the U.S.Supreme Court issues a ____________ ordering the lower court to certify the record of proceedings below and send it up to the Supreme Court.

A)commandment
B)writ of order
C)writ of certiorari
D)writ of expo facto

Question 25

The doctrine of stare decisis means

A)to abide by decided cases
B)let the courts decide
C)let the superior argument prevail
D)to decide the case on its merits

Question 26

The U.S.Supreme Court will not hear a case unless

A)a real and substantial controversy is involved.
B)the party pursuing the appeal has standing to sue.
C)a political question is involved.
D)all of the responses are correct.

Question 27

Assuming that more than one forum has jurisdiction over a lawsuit,the doctrine of ____________ involves a determination of which forum is more appropriate.

A)Jurisdiction non conveniens
B)Convenient state proceeding
C)Forum non conveniens
D)Subject matter jurisdiction

Question 28

What is the inscription on the front of the U.S.Supreme Court building in Washington,D.C.?

A)Live free or die
B)Equal justice under the law
C)Due Process for all
D)Equal protection for all

Question 29

In the federal court system,which of the following is the largest circuit in the country?

A)The Sixth Circuit
B)The Ninth Circuit
C)The First Circuit
D)The Thirteenth Circuit

Question 30

Which of the following is true regarding citizenship of an individual for purposes of diversity jurisdiction in federal court?

A)An individual is a citizen of the state where that person has his or her legal residence or domicile, and there is no limit to the number of states in which an individual may be a citizen so long as the
Individual has a house in every state in which citizenship is claimed.
B)An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen of only one state.
C)An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen in a maximum of two states.
D)An individual is considered a citizen of the state in which a lawsuit is brought because the individual becomes subject to that state's laws.

Question 31

The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

A)Subpoena
B)Summons
C)Complaint
D)Suggestion

Question 32

In 2002 the European Union adopted the _____________ to standardize the rules for determining where suits involving e-commerce may be brought.

A)Brussels Conventions
B)European E-commerce Rules
C)European Commerce Standards
D)French Conventions

Question 33

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is:

A)Whether the defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
B) Whether the out-of-state defendant has ever visited the state.
C)Whether the out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts.
D)Whether the out-of-state defendant has ever lived in the state.

Question 34

Which of the following are rules that prescribe which state's law should be applied to a particular kind of case?

A)Conflict-of-dispute rules
B)Conflict-of-law rules
C)Litigant rules
D)Forum-shopping rules

Question 35

A legal rule established by an appellate court's decision may be which of the following?

A)Persuasive
B)Authoritative
C)Discretionary
D)Either persuasive or authoritative

Question 36

A judge will grant a motion to dismiss the complaint on all but the following grounds:

A)The plaintiff has failed to state a claim on which relief can be granted.
B)The court lacks jurisdiction over the subject matter or the parties involved.
C)The plaintiff has failed to offer the defendant an offer of settlement.
D)The plaintiff has failed to properly serve the complaint on the defendant.

Question 37

A lawsuit may be resolved before trial by the judge granting a

A)judgment notwithstanding the verdict
B)declaratory judgment
C)motion to dismiss
D)request for production of documents

Question 38

When deciding a case,a federal court of appeals may ________ the final decision of the lower court.

A)vacate and remand
B)reverse
C)affirm
D)all of the responses are correct

Question 39

The ______________ control the civil trial practices in all of the U.S.district courts.

A)Federal Rules of Civil Procedure
B)Universal Rules of Civil Procedure
C)National Rules of Civil Court Conduct
D)Common Rules of Civil Procedure

Question 40

An affirmative defense ________ that the defendant has acted in a certain way but claims that the defendant's conduct was not the legal cause of harm to the plaintiff.

A)admits
B)denies
C)neither admits nor denies
D)may either admit or deny

Question 41

Under the ________ doctrine,the outcome of a diversity case in federal court will be similar to the outcome in a state court because the same substantive law will govern either adjudication.

A)Erie
B)common law
C)venue
D)total activity

Question 42

Fact pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether sexual discrimination was in issue in her being denied a promotion she wanted.Sally says that she has hear about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action.Sally also asks if as a friend you will go with her when she consults with a lawyer.
Refer to fact pattern 3-2.What would you tell Sally regarding her request that you go with her,as her friend,to see her lawyer?

A)That you would be glad to do so because you want to provide emotional support.
B)That you should not go because your presence would destroy the attorney-client privilege.
C)That you should not go because your presence would destroy the work-product privilege.
D)That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege.

Question 43

Robert had a dispute with his neighbor regarding the location of the property line.Robert's attorney suggests to Robert that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict.Which of the following is the appropriate term for that type of procedure?

A)Summary jury trial
B)Nonbinding jury trial
C)Private jury trial
D)Procedural jury trial

Question 44

Which of the following is not a test that Federal courts usually apply in determining where a company engaged in multi-state operations has its principal place of business?

A)The majority-of-the-corporation's-customers test
B)The nerve-center test
C)The majority-of-the-corporation's-physical-operations test
D)The total-activity test

Question 45

Paul is a resident of StateA.Paul recently purchased a new car manufactured by Motors,Inc.After only two weeks,his brakes failed and caused an accident.Paul wishes to sue Motors,Inc.for a defective brake system.Motors,Inc.is headquartered in State Y where it also does a significant amount of business,and manufactures the vehicles in State Z.Which court or courts would have jurisdiction over the case and why? Discuss.

Question 46

Fact pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether sexual discrimination was in issue in her being denied a promotion she wanted.Sally says that she has hear about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action.Sally also asks if as a friend you will go with her when she consults with a lawyer.
Refer to fact pattern 3-2.What would you tell Sally regarding whether she should choose mediation or arbitration?

A)That mediation and arbitration are essentially the same thing.
B)That a mediator would actually decide the case whereas an arbitrator would not.
C)That an arbitrator would actually decide the case whereas a mediator would not.
D)That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not.

Question 47

Explain in detail the discovery stage of a lawsuit.Describe the types of discovery.Explain the purposes of discovery.

Question 48

Which of the following is not a valid function of a court of appeals?

A)To issue writs,or orders,to lower courts or to litigants
B)To decide issues of fact
C)To review decisions of the trial courts within its territory
D)To review decisions of certain administrative agencies and commissions

Question 49

Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.

Question 50

Federal courts are commonly referred to as courts of limited jurisdiction.What are the two types of subject matter jurisdiction that Congress has provided for the Federal District Courts? What must a plaintiff demonstrate to bring an action under each of the two types of jurisdiction? Discuss.

Question 51

Diversity jurisdiction exists when

A)a lawsuit is between citizens of different states.
B)the amount in controversy,exclusive of interest and all costs,exceeds $75,000.
C)either that a lawsuit is between citizens of different states or that the amount in controversy, exclusive of interest and all costs,exceeds $75,000.
D)both that a lawsuit is between citizens of different states and that the amount in controversy, exclusive of interest and all costs,exceeds $75,000.

Question 52

A ________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor

A)directed verdict
B)summary judgment
C)judgment n.o.v.
D)judgment on the pleadings

Question 53

Discuss the pleadings (documents)referenced in the text that may be filed or used prior to the trial of a lawsuit.What is the purpose of each? Describe in detail the various pleadings.

Question 54

Fact pattern 3-1
Trudy,a resident of Ohio,is driving her vehicle through Tennessee on her way to vacation in Miami.Unfortunately,while driving through Tennessee she fails to stop at a stop sign and collides with a vehicle driven by Jason,a resident of Tennessee,who is driving a new Mercedes he just purchased for $80,000.Jason's leg is broken in the accident.His medical bills and time off work amount to $30,000.Jason sues Trudy in federal court in Tennessee.Trudy says that Jason is not entitled to sue her in federal court and that she should not be required to travel all the way to Tennessee to defend the case.She asks for your advice.
Refer to fact pattern 3-1.Which of the following is true regarding Trudy's claim that Jason is not entitled to sue her in federal court?

A)She is correct because Jason cannot establish damages of over $100,000.
B)She is correct because Jason cannot establish damages of over 200,000.
C)She is correct because cases involving motor vehicles,not involving a federal question,may not be brought in federal court.
D)She is incorrect.

Question 55

In a ______ the parties to a dispute put their cases before a real jury which renders a nonbinding decision.

A)Summary jury trial
B)Minitrial
C)Arb-Med
D)Arbitration

Question 56

For diversity purposes,a corporation is deemed a citizen of

A)the state of incorporation.
B)the state of its principal place of business.
C)either the state of incorporation or the state of its principal place of business.
D)both the state of incorporation and the state of its principal place of business.

Question 57

Most states have ________ statutes,which can subject an out-of-state defendant to jurisdiction within the state.

A)in personam
B)in rem
C)long-arm
D)diversity

Question 58

A motion for summary judgment will be granted where there is no triable issue of

A)fact
B)law
C)evidence
D)all of the responses are correct

Question 59

Fact pattern 3-1
Trudy,a resident of Ohio,is driving her vehicle through Tennessee on her way to vacation in Miami.Unfortunately,while driving through Tennessee she fails to stop at a stop sign and collides with a vehicle driven by Jason,a resident of Tennessee,who is driving a new Mercedes he just purchased for $80,000.Jason's leg is broken in the accident.His medical bills and time off work amount to $30,000.Jason sues Trudy in federal court in Tennessee.Trudy says that Jason is not entitled to sue her in federal court and that she should not be required to travel all the way to Tennessee to defend the case.She asks for your advice.
Refer to fact pattern 3-1.Which of the following is true regarding Trudy's claim that she will not be required to travel to Tennessee to defend the case?

A)Trudy is correct so long as it cannot be shown that she does business within the state.
B)Trudy is correct only if she can establish that she has not spent at least 10 days within the state in the 12 months prior to the filing of the lawsuit.
C)Trudy is correct only if she can establish that she has not spent at least 20 days within the state in the 24 months prior to the filing of the lawsuit.
D)Trudy is incorrect.

Question 60

Standing means that the party seeking relief

A)is the proper party to advance the litigation
B)has a personal interest in the outcome of the suit
C)will benefit from a favorable ruling
D)all of the responses are correct

Question 61

What is the process of selecting the jury called? What two types of challenges to jurors can be made? For what two reasons is it unconstitutional to remove a juror?