Deck 1: Litigation Principles

Question 1

A defendant cannot avoid personal jurisdiction once the defendant submits to the court's jurisdiction either voluntarily or inadvertently.

Answer 1

True

Question 2

SHORT ANSWER
If a court fails to obtain jurisdiction over a party, the court's judgment is
.

Answer 2

Void

Question 3

DEFINE
common law

Answer 3

Common law is the basis for a legal system that is based upon case precedent, rather than a civil code of laws. The law is derived from principles which, through court decision, evolve into rules of law which are followed as precedent. The court-made rules can be changed by the court that established the rule or by a higher court. A court-made rule of law can be changed or revoked by the legislature. Most states rely upon the common law to resolve disputes in civil litigation.

Question 4

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

Question 5

DEFINE
tortfeasor

Question 6

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Question 7

SHORT ANSWER
If a court discovers that it lacks jurisdiction in a case, the case must be
.

Question 8

Courts do not have the power to do which of the following?

A) Require witnesses to appear in court to testify and produce tangible evidence in their possession through its subpoena power.
B) Compel parties to comply with court orders and procedures through the imposition of sanctions and penalties.
C) Enforce court orders against persons who are not parties to a pending action.
D) Litigate controversies between individuals, corporations, governmental agencies, states, the Federal government, and other legal entities.

Question 9

A judgment obtained in one jurisdiction cannot be enforced in another juris- diction.

Question 10

Federal and state statutes prescribe the jurisdiction of their own courts in terms of:

A) the kinds of cases the courts may handle.
B) whose cases they may decide.
C) the geographical areas in which the courts may operate.
D) types and amounts of awards they may make.
E) all of the above.

Question 11

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim.
212

Question 12

DEFINE
proximate cause

Question 13

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

A) the damages, the cause of action, and the geographical territory.
B) the parties, the geographical territory, and the subject matter.
C) the geographical territory, the cause of action, and the remedy.
D) the cause of action, the subject matter, and the parties.

Question 14

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

Question 15

DEFINE
overrule

Question 16

DEFINE
subpoena

Question 17

DEFINE
counterclaim

Question 18

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Question 19

SHORT ANSWER
A court's jurisdiction comes from .

Question 20

SHORT ANSWER
A cross-claim has the effect of establishing between defendants.

Question 21

How does a court obtain personal jurisdiction over the defendant in a civil lawsuit?

Question 22

An example of a wrongful act that will not give rise to a cause of action:

A) the breach of a contractual duty.
B) the breach of a statutory duty.
C) the breach of a duty established by common law.
D) the breach of an ethical duty.
E) (c) and (d).

Question 23

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

Question 24

How does an "action" differ from a "cause of action"?

Question 25

Why do courts have a rule against splitting a cause of action?

Question 26

What functions do appellate courts serve?

Question 27

Why should paralegals understand the Lawyers' Code of Professional Conduct?

Question 28

What essential factors must the plaintiff show in any civil action to recover money damages?