Deck 2: The Resolution of Private Disputes

Question 1

The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.

Answer 1

True
Explanation: A writ of execution and a garnishment are methods by which a party can collect a judgment.A writ of execution allows the sheriff or federal marshal to seize designated property of the defendant and sell it at a judicial sale to help satisfy the judgment.Garnishments allow a party to seize property,money,and wages that belong to the defendant but are in the hands of a third party such as a bank or employer.

Question 2

The proceedings in courts of limited jurisdiction may be informal,and parties often argue their own cases.

Answer 2

True
Explanation: Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in courts of limited jurisdiction.Examples include traffic courts,probate courts,and small claims courts.Such courts often handle a large number of cases.In some of these courts,procedures may be informal,and parties often argue their own cases without representation by attorneys.

Question 3

Minor criminal cases and civil disputes are decided in the appellate courts.

Answer 3

False
Explanation: Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in courts of limited jurisdiction.Appellate courts correct legal errors made by trial judges.

Question 4

In general,a court has venue if it is a territorially fair and convenient forum for both parties to litigate the case in that court.

Question 5

The judge,not the jury,always determines the applicable law.

Question 6

Due process requirements are satisfied when a state or federal court asserts in personam jurisdiction over a nonresident defendant when he has been shown to have the requisite "minimum contacts" with the forum state or federal district.

Question 7

Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

Question 8

For federal district court diversity jurisdiction to exist the only requirement is that the amount in controversy must be at least $75,000.

Question 9

The defendant must wait until after the pleadings have been completed before making a motion to dismiss.

Question 10

The doctrine of certiorari jurisdiction makes it mandatory for the U.S.Supreme Court to hear appeals from federal and state courts.

Question 11

Normally,a motion for summary judgment requires that a court decide whether there are genuine questions of material fact and questions of law.

Question 12

For a state trial court to have the power to decide a civil case,it must have either in personam jurisdiction or in rem jurisdiction.

Question 13

The plaintiff can sue the defendant in whatever court and  locale that the plaintiff wishes.

Question 14

A trial court may address venue questions before jurisdiction is established.

Question 15

Generally,forum selection clauses in form agreements are unenforceable.

Question 16

A defendant who participates in a case with inadequate service of process will be deemed to have waived the objection if it is not made promptly.

Question 17

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Question 18

If the defendant's answer contains a counterclaim,that claim can arise out of any matter between the plaintiff and the defendant.

Question 19

As in a criminal case,a defendant in a civil case may not be compelled by the plaintiff to testify.

Question 20

Brennan sues Melissa for breach of contract.In her reply,Melissa claims,among other things,that she should not be liable as she only entered the contract because Brennan defrauded her.This assertion is called an affirmative defense.

Question 21

Bob is a merchant in New York and Betty is a merchant in California.Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction,he might have to travel to California and hire a California lawyer to litigate the dispute.What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues,it will take place in New York?

A)Confession of judgment clause
B)Forum selection clause
C)Choice of law clause
D)Substantive clause

Question 22

Infobox Online,an Internet access provider,includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online.This clause will most likely be:

A)unenforceable because it was not the result of bargaining.
B)unenforceable against a subscriber in another state.
C)enforceable if the subscriber does not file a motion to dismiss.
D)enforceable if it is considered reasonable by a court.

Question 23

Which of the following is not an example of a court of limited jurisdiction?

A)Traffic court
B)Probate court
C)Trial court
D)Small claims court

Question 24

In federal courts,a corporation is:

A)a citizen of only the place where is has been incorporated.
B)a citizen of only it principal place of business.
C)a citizen of both the state where it has been incorporated and the state where it has its principal place of business.
D)a citizen of that state which has enacted a "long-arm" statute,and thus has jurisdiction.

Question 25

Defending against a federal district court suit by Paul,Dan claims that Paul has sued him in the wrong federal district court.Dan has raised a question of:

A)long-arm jurisdiction.
B)in personam jurisdiction.
C)venue.
D)standing.

Question 26

In a case where concurrent jurisdiction exists,a state court may decide a case involving federal questions if:

A)it is a criminal case.
B)it is a civil case.
C)the plaintiff opts for a state court.
D)the defendant belongs to that state.

Question 27

Which of the following notifies the defendant that he,she,or it is being sued?

A)Summons
B)Motion to Dismiss
C)Deposition
D)Interrogatories

Question 28

Today,most appealable decisions from the lower courts fall within the Supreme Court's ________ jurisdiction,under which the Court has discretion whether to hear the appeal.

A)appellate
B)certiorari
C)original
D)exclusive

Question 29

Bubble Wrap Co.(BWC),an Atlanta corporation,has its principal place of business in New York.John,a resident of Florida,asserted on his website that BWC engaged in ongoing criminal activity,scams,and phishing.BWC sued John in the U.S.District Court for the District of New York,alleging defamation and injury to BWC's business in New York.John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed.The court granted the defendant's motion and dismissed the case because:

A)BWC could not meet its burden of establishing sufficient "minimum contacts."
B)the court did not have subject-matter jurisdiction.
C)the court neither had subject-matter jurisdiction nor in personam jurisdiction.
D)publishing of those statements did not amount to defamation,and thus no injury was caused to BWC's business.

Question 30

Patent cases being litigated in the federal system are an example of:

A)concurrent jurisdiction.
B)original jurisdiction.
C)exclusive jurisdiction.
D)certiorari jurisdiction.

Question 31

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.What is such a provision called?

A)Choice of law clause
B)Forum selection clause
C)Substantive clause
D)Minimum contacts clause

Question 32

________ jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.

A)Original
B)Federal question
C)Diversity
D)Exclusive

Question 33

A "long-arm" statute allows:

A)criminal courts jurisdiction over civil cases.
B)state courts more power than federal ones.
C)court's jurisdiction over out-of-state defendants.
D)appellate courts to hear new cases.

Question 34

Jurisdiction based on the presence of property within the state is called ________ jurisdiction.

A)in rem
B)personam
C)sui iuris
D)subject-matter

Question 35

For federal "diversity" jurisdiction to exist:

A)the case must begin in a federal court of appeals.
B)the amount in controversy must exceed $75,000.
C)both the plaintiff and the defendant must be citizens of the same state.
D)the case must pertain to the Constitution,laws,or treaties of the United States.

Question 36

In general,a court has ________ if it is a territorially fair and convenient forum in which to hear the case.

A)venue
B)original jurisdiction
C)limited jurisdiction
D)standing

Question 37

In which of the following cases will the U.S.Supreme Court have original,but not exclusive,jurisdiction?

A)When the validity of any treaty has been questioned.
B)When the validity of a federal statute has been questioned.
C)When there is a controversy between two or more states.
D)When a state proceeds against citizens of another state.

Question 38

Calvin,a resident of South Park,Colorado,creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories.Ted,a resident of Northridge,California,posts a story on the website.Stu,another California resident from San Diego,files a lawsuit against Calvin in a federal district court in California,claiming that Calvin had defamed him on his website.Based on these facts,does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?

A)No,Ted's posting alone is not enough to create sufficient "minimum contacts."
B)Yes,Ted's posting creates sufficient "minimum contacts."
C)Yes,by creating a website that is accessible in California,Calvin has sufficient "minimum contacts" with that state.
D)Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.

Question 39

The ________ are the documents the parties file with the court when they first state their respective claims and defenses.

A)summons
B)pleadings
C)appeals
D)clauses

Question 40

What is a court's power to hear a case and to issue a decision binding on the parties called?

A)Jurisdiction
B)Prerogative
C)Venue
D)Assignment

Question 41

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

A)deposition.
B)demurrer.
C)interrogatory.
D)directed verdict.

Question 42

What are depositions?

A)Written questions directed to a party,answered in writing,and signed under oath.
B)Documentary evidence introduced at a trial.
C)Oral examinations of a party or a likely witness by the opposing party's attorney.
D)Written statements made during arbitration.

Question 43

The American legal system gives considerable power to the jury;however,it also has devices for limiting that power.The ________ provides a judgment to one party before the jury gets a chance to decide the case.

A)motion to dismiss
B)motion for a new trial
C)motion for summary judgment
D)motion for a directed verdict

Question 44

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

A)Minitrial
B)Summary judgment
C)Directed verdict
D)Peremptory challenges

Question 45

Which of the following may contain an affirmative defense?

A)Summons
B)Interrogatory
C)Complaint
D)Answer

Question 46

The right of ________ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

A)demurrer
B)counterclaim
C)discovery
D)affirmative defense

Question 47

Abby gets a state court civil judgment against Casey,but Casey does not pay.Which of the following is one of the tools available to Abby to enforce the judgment against Casey?

A)Mediation
B)Long-arm jurisdiction
C)Writ of execution
D)In rem jurisdiction

Question 48

A counterclaim differs from an affirmative defense in that,a counterclaim:

A)is a new claim by the plaintiff.
B)does not permit a defendant to claim for damages caused by a fraud.
C)is merely an attack on the plaintiff's claims.
D)is the defendant's attempt to obtain legal relief.

Question 49

Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party?

A)Class action
B)Garnishment
C)Non obstante veredicto
D)Settlement

Question 50

Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing clothes that Mike considers to be ugly.Mike's complaint offers details of Randy's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Randy wants to defeat Mike's claim as fast as possible.The best procedural device for doing so is the:

A)motion to dismiss.
B)motion for summary judgment.
C)motion for judgment notwithstanding the verdict.
D)motion for a directed verdict.

Question 51

At a ________,the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate,or agree to,a resolution of certain issues in order to simplify the trial.

A)demurrer
B)directed verdict
C)pretrial conference
D)minitrial

Question 52

A party may win a judgment even after the jury has reached a verdict against that party through the procedure of:

A)mens rea.
B)non obstante veredicto.
C)demurrer.
D)habeas corpus.

Question 53

A method of alternative dispute resolution in which a neutral third party helps the parties reach a cooperative resolution of their dispute by facilitating communication between them,clarifying their areas of agreement and disagreement,helping see each other's viewpoints,and suggesting settlement options,but who cannot make decisions that bind the parties,is called:

A)conciliation.
B)mediation.
C)minitrial.
D)arbitration.

Question 54

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute and that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?

A)Discovery
B)Voir dire
C)Jury trial
D)Summary judgment

Question 55

A(n)________ must state the remedy requested in the case.

A)summons
B)interrogatory
C)affirmative defense
D)complaint

Question 56

Discovery generally takes place without a need for court orders or other judicial supervision.Which of the following is an EXCEPTION to this rule?

A)A request for written questions directed at the opponent.
B)Requests for admission directed at the opponent.
C)A request for a physical or mental examination of the opponent.
D)Requests for the production of documents in civil cases.

Question 57

In the form of alternative dispute resolution called court-annexed arbitration:

A)a neutral third party is called in to mediate.
B)courts decide on certain types of criminal lawsuits.
C)the losing party has the right to a regular trial.
D)civil lawsuits are sent to the Supreme Court for a hearing.

Question 58

Harvey is planning to file a case against a petrochemical giant that has a plant in his town.The petrochemical plant is dumping toxic wastes into its surrounding areas.Harvey is mobilizing the residents of the town,all of whom have suffered from various health problems due to the activities of the plant.Which of the following would be of most help to Harvey and the other residents?

A)Demurrer
B)Class action
C)Directed verdict
D)Affirmative defense

Question 59

Which of the following characterizes discovery?

A)It begins before the pleadings are completed.
B)Information may be subject to discovery only if it is admissible at trial under the legal rules of evidence.
C)It is an efficient and time-saving remedy for litigants.
D)Interrogatories are a commonly utilized form of discovery.

Question 60

Dillon's,a discount retailer with over 500 employees,includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration.This clause most likely:

A)will be considered valid by federal courts.
B)will be considered unenforceable by all courts.
C)will result in employees having to mediate their employment-related claims against Dillon's.
D)will require an employee to mediate employment-related disputes.

Question 61

A(n)________ is the plaintiff's point-by-point response to the allegations in the answer or counterclaim.

A)affirmative defense
B)interrogatory
C)motion to dismiss
D)reply

Question 62

Which of the following statements is false regarding appellate courts?

A)They gather new evidence to reach the correct conclusion.
B)They review the record of the trial court proceedings.
C)They correct legal errors made by the trial judge.
D)They usually accept the trial court's finding of fact.

Question 63

The set of legal rules establishing how a civil lawsuit proceedings from beginning to end is called ________.

A)discovery
B)jurisdiction
C)civil procedure
D)procedural due process

Question 64

In the case in the text Daimler AG v.Bauman,why did the Court conclude the district court did not have jurisdiction over the defendant?

A)The defendant received inadequate service of process under the rules for foreign defendants.
B)The defendant only sold products and services in California but was not incorporated there.
C)The defendant's affiliations with California were not so continuous and systematic as to render it essentially at home.
D)Based on the allegations in the plaintiffs' complaint,the defendant did not harm any citizen in California.

Question 65

The case in the text Hertz Corp.v.Friend,is an example of when a defendant can have a case removed from state court to federal court based on what kind of jurisdiction?

A)Exclusive jurisdiction
B)General jurisdiction
C)Specific jurisdiction
D)Concurrent jurisdiction

Question 66

Why have most courts significantly relaxed their pleading rules?

A)Because they define the issues for trial.
B)Because the purpose of pleading rules is to give the parties general notice of each other's claims and defenses.
C)Because courts are less concerned with procedural rules and more concerned with substantive law.
D)Because courts believe this is within the professional responsibility of the attorneys involved.

Question 67

________ are one party's written demand that the other party admit or deny,in writing,certain statements of supposed fact or of the application of law to fact.

A)Demurrers
B)Interrogatories
C)Requests for admissions
D)Depositions

Question 68

Which of the following circumstances would not give a state court in personam jurisdiction over the defendant?

A)The defendant is a citizen or resident of the state.
B)The defendant previously owned property in the state.
C)The defendant is within the state's borders when process is served on him.
D)The defendant voluntarily appears in court.

Question 69

When the U.S.Supreme Court has ________ it acts as a trial court.

A)exclusive jurisdiction
B)original jurisdiction
C)limited jurisdiction
D)concurrent jurisdiction

Question 70

Which of the following is not a requirement of a complaint?

A)It must be accompanied by an affidavit.
B)It must allege sufficient facts to show that the plaintiff would be entitled to legal relief.
C)It must give the defendant reasonable notice of the nature of the plaintiff's claim.
D)It must state the remedy requested.

Question 71

Which of the following situations would not satisfy a state's long-arm statute?

A)The defendant committed a tort while in the state.
B)The defendant wrote a defamatory statement about one of the state's residents on a website.
C)The defendant committed a tort outside of the state that nonetheless caused harm to the state.
D)A business buys and sells good within the state.

Question 72

Which of the following situations gives the U.S.Supreme court both original and exclusive jurisdiction?

A)A controversy between the United States and a state.
B)A controversy between two or more states.
C)A controversy involving a foreign ambassador.
D)A controversy between a state and a citizen of another state.

Question 73

Which of the following is the standard of proof in a civil case?

A)Substantial evidence
B)Clear and convincing
C)Beyond a reasonable doubt
D)Preponderance of the evidence

Question 74

The federal court system consists of ________ circuit courts of appeals.

A)11
B)13
C)9
D)10

Question 75

Which of the following is not an example of a specialized federal court?

A)Bankruptcy court
B)District court
C)Court of federal claims
D)Tax court

Question 76

What was the court's holding in the case in the text Abdouch v.Lopez?

A)The plaintiff's complaint adequately pleaded facts that demonstrated the defendants expressly aimed their tortious conduct at Nebraska.
B)The plaintiff's complaint failed to plead facts to demonstrate defendants knew their conduct would reach Nebraska.
C)The plaintiff's complaint adequately pleaded facts that demonstrated the defendants had sufficient "minimum contacts" with Nebraska to create personal jurisdiction.
D)The plaintiff's complaint failed to plead facts to demonstrate that the defendants had sufficient "minimum contacts" with Nebraska to create personal jurisdiction.

Question 77

Where concurrent jurisdiction exists and the plaintiff opts for a state court,the defendant has the option to ________ the case to an appropriate federal district court.

A)redirect
B)remove
C)dismiss
D)dissolve

Question 78

Which of the following is not considered when a court determines if it has in personam jurisdiction over the defendant?

A)Residence
B)Location
C)Property
D)Activities

Question 79

Which of the following does not set standards for the proper service of the summons?

A)Treaties
B)Statutes
C)Court rules
D)Constitutional due process guarantees

Question 80

John lives and works in State A.While driving through State B,he negligently collided his car with another vehicle driven by Barbra,a resident of State B.If Barbra sues John in a State B trial court for injuries she sustained as a result of the accident,how might the court have personal jurisdiction over John?

A)Through the state's long-arm statute because John committed a tort outside of State B that nonetheless produced harm within the state.
B)Through the state's long-arm statute because John committed a tort within the state.
C)In rem jurisdiction
D)State B does not have personal jurisdiction over John.