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

Question 1

When a class action is involved,there is no opportunity for someone who wants to litigate separately to opt out.

Answer 1

False

Question 2

The process of questioning potential jurors is called discovery.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Federal judges are appointed for ten year renewable terms.

Question 5

There are thirteen federal courts of appeal.

Question 6

Cases involving federal question jurisdiction may be brought in state court,but the defendant has the right to remove the case to federal court.

Question 7

When a lawsuit is originally filed,the case name appears as appellant v appellee.

Question 8

The Supreme Court has found a national policy expressed by Congress disfavoring arbitration agreements.

Question 9

A federal court of appeals in one circuit must follow an earlier decision on an issue made by a federal court of appeals in another circuit.

Question 10

Cases before federal courts of appeal are usually presented before a panel of nine judges.

Question 11

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

Question 12

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

Question 13

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

Question 14

The process of questioning the witnesses is called voir dire.

Question 15

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

Question 16

A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for the Federal Circuit.

Question 17

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

Question 18

Jury challenges for cause are called preemptory challenges.

Question 19

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

Question 20

Both the U.S.Congress and state legislatures may adopt statutes.

Question 21

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 22

The two coexisting judicial systems are a result of the ______ created by the U.S.Constitution,which gives certain powers to the federal government while reserving other powers to the states.

A) standing
B) diversity
C) duality
D) federalism

Question 23

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 24

A ______ action is brought by a representative of many people suffering the same harm.

A) Conglomerate
B) Group
C) Representative
D) Class

Question 25

The party appealing a case is referred to as which of the following?

A) Plaintiff
B) Respondent
C) Appellee
D) Appellant

Question 26

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 27

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 28

Which of the following are provisions issued by federal and state administrative agencies and executive departments to interpret and implement statutes enacted by a legislature?

A) Regulations
B) Interpretations
C) Reviews
D) Acknowledgements

Question 29

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 30

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 31

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 32

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 33

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

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

Question 34

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 35

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 36

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 37

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 38

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 39

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 40

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

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

Question 41

Under what circumstances should a judge grant a motion for summary judgment?

Question 42

Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard 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

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

Question 44

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
Refer to fact pattern 3-1. Which of the following is the most likely result in regard to Bruce's claim that he was not subject to jurisdiction in a court located in Virginia?

A) Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there.
B) Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities.
C) Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state.
D) Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

Question 45

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 46

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 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 47

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 48

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
Refer to fact pattern 3-1. Which of the following is the most likely result in regard to Bruce's claim that the lawsuit could only be appropriately filed in a state court?

A) The court would likely rule that federal court jurisdiction failed to exist because the parties were not all residents of the same state.
B) The court would likely rule that federal court jurisdiction failed to exist because the amount in controversy was excessive..
C) The court would likely rule that federal court jurisdiction existed based on the presence of a consumer complaint.
D) The court would likely rule that federal court jurisdiction existed based on diversity of citizenship.

Question 49

Which of the following is a term referencing the method used for determining the citizenship of a corporation for purposes of diversity of citizenship?

A) The locality determination
B) The nerve-center test
C) The prime location test
D) The conflict determination

Question 50

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, but not both.
D) both the state of incorporation and the state of its principal place of business.

Question 51

Explain how a federal court hearing a diversity case would apply conflict-of -law rules.

Question 52

Set forth when courts in the United States will honor a choice-of-forum clause.

Question 53

The ______ Amendment to the U.S.Constitution generally protects a state (or an agency thereof)from being sued without its consent in a federal court.

A) Second
B) Eleventh
C) Fifteenth
D) Twenty-first

Question 54

Federal courts are commonly referred to as courts of limited jurisdiction.Over what three types of cases do federal district courts have jurisdiction?

Question 55

Which of the following was the result at the U.S.Supreme Court level in Wal-Mart Stores,Inc.v.Dukes,the case in the text involving the issue of whether the plaintiffs could proceed with a class action against Wal-Mart alleging sex discrimination?

A) That the plaintiffs would be allowed additional time to establish beyond a reasonable doubt that at least 50% of the plaintiffs involved had suffered sex discrimination at which point a class would be certified.
B) That the issue of whether a class action was appropriate was an issue for the jury's determination.
C) That a class action was appropriate because the plaintiffs had established that the company operated under a general policy of discrimination.
D) That a class action was inappropriate because the plaintiffs had failed to show that the company operated under a general policy of discrimination.

Question 56

Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard 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 57

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 58

Which of the following is true regarding age and citizenship requirements of federal judges?

A) There are no age requirements nor is there any requirement that a federal judge be a naturally born citizen.
B) There are no age requirements but there is a requirement that a federal judge be a naturally born citizen.
C) A federal judge must be at least 45, but there is no requirement that a federal judge be a naturally born citizen.
D) A federal judge must be at least 45 and also a natural born citizen.

Question 59

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

A) fact
B) law
C) evidence
D) fact, law, or evidence

Question 60

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 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?