Deck 4: Litigation

Question 1

Due process requires that a defendant must have certain minimum contacts with a state in order to be hailed into court under a long-arm statute.

Answer 1

True
Explanation: Long-arm statutes do not authorize out-of-state service of process in all cases. Personal jurisdiction is obtained under long-arm statutes only when requiring an out-of-state defendant to appear and defend does not violate due process.

Question 2

In jury selections, challenges for cause are also called peremptory challenges.

Answer 2

False
Explanation: Either party in the lawsuit may challenge or excuse a prospective juror for a specific reason or cause. Peremptory challenges are those for which no cause or reason need be given to excuse a prospective juror.

Question 3

In recent years, the federal courts have developed a much higher standard for approving class-action settlements.

Answer 3

True
Explanation: A tougher standard is especially important where settlements have been proposed because of the risk that the class representatives and their lawyers could sacrifice the interests of the class in order to financially benefit themselves.

Question 4

Typically, the least expensive method of discovery is to present interrogatories to the opposing parties.

Question 5

The person against whom a criminal charge is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondent.

Question 6

Evidence in the form of a sworn statement is called an affidavit.

Question 7

An individual may not assert the rights of the general public or of a group of which he or she is not a member as a plaintiff.

Question 8

If a lawsuit is filed that is totally lacking in merit, the attorney filing the lawsuit can be fined according to Federal Rule 11.

Question 9

Discovery procedures are intended to be used freely by the parties to litigation without the court's direct supervision.

Question 10

If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he may bring in the new parties who are called third-party defendants.

Question 11

The only way to obtain personal jurisdiction over a defendant is to have them served with a summons.

Question 12

When a defendant wants to sue the plaintiff, the defendant files a counterclaim.

Question 13

Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.

Question 14

A statute of limitations determines the maximum amount of money that a plaintiff may sue for.

Question 15

Standing in a case is determined upon resolution of the case, rather than at the outset.

Question 16

At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts.

Question 17

One method of discovery, called depositions, involves written questions for the opposing parties to answer.

Question 18

Personal jurisdiction over the defendant is automatically obtained when the plaintiff files the complaint.

Question 19

Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.

Question 20

A shareholder of one of the two companies involved in a merger could sue to stop the combination of these companies,

Question 21

Res judicata means that a final decision is conclusive on all issues between the parties, whether raised in the litigation or not.

Question 22

In a federal class-action law suit:

A) only one member of the class must meet the jurisdictional amount of $75,000.
B) at least 50% of the class must meet the jurisdictional amount of $75,000.
C) the total sued for by the class must add up to the jurisdictional amount of $75,000.
D) the average amount sued for by the class must meet the jurisdictional amount of $75,000 each.
E) the cost of trying the cases individually must exceed the jurisdictional amount of $75,000.

Question 23

If one of the potential jurors is the defendant's brother, the only way for the plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

Question 24

Which of the following parties would have standing to sue in a case to stop the merger of two companies?

A) The CEO of the two companies' biggest competitor
B) A competitor of either of the two companies
C) The board of the two companies' competitors
D) A concerned third party
E) A shareholder of one of the two companies

Question 25

In addition to proving a case or controversy, what must the plaintiff prove to have standing to sue?

A) Power of attorney
B) A personal stake in the resolution
C) At least $100,000 in damages
D) Gross negligence
E) Pain and suffering

Question 26

The party who files a civil action is called the _____.

A) defendant
B) appellee
C) plaintiff
D) appellant
E) respondent

Question 27

The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial.

Question 28

Following the closing arguments in a case, the judge acquaints the jury with the law applicable to the case, referred to as the jury instructions.

Question 29

Peremptory challenges may not be used to shape the gender makeup of a jury.

Question 30

The process of requesting and transporting the prisoner from one state to another is called _____.

A) res judicata
B) garnishment
C) execution
D) personal jurisdiction
E) extradition

Question 31

The party appealing is usually referred to as the appellant.

Question 32

Which of the following statements is true concerning a criminal matter:

A) jurisdiction is obtained by affidavit submitted by the police.
B) it does not matter in which state the crime was committed, only that it is severe.
C) a defendant may waive jurisdiction.
D) long-arm statutes only apply for crimes involving violence.
E) courts may bundle several alleged criminals into a class-action prosecution.

Question 33

Only the defendant may challenge or excuse a prospective juror for a specific cause or reason.

Question 34

Eli, a resident of New York, wants to sue Tony, a resident of Texas, for a civil incident that occurred in New York. In order to obtain jurisdiction under a long-arm statute, the court must find that:

A) Tony has committed some kind of tort in Texas, in addition to the civil incident in New York.
B) Tony owns property in Texas that he had bought personally in the past five years.
C) the civil incident occurred in New York while both Tony and Eli were there.
D) Tony entered into a contract or transacted business that is the subject matter of the law suit in New York.
E) Eli committed a tort in Texas or have property in Texas.

Question 35

If the defendant, upon being served, decides to sue the plaintiff, the defendant is then called the _____.

A) plaintiff
B) counterplaintiff
C) counterdefendant
D) appellant
E) appellee

Question 36

In order to hear a case, a court requires _____.

A) subject matter jurisdiction
B) standing to sue
C) power of attorney
D) garnishment
E) jury instructions

Question 37

A judgment notwithstanding the verdict is generally a pretrial motion.

Question 38

The verdict is the final decision of the case entered by the judge.

Question 39

The plaintiff in a civil case must prove his case beyond a reasonable doubt.

Question 40

Alan committed a felony in Delaware, but has returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota, and is a respected citizen there. When the Delaware police locate Alan:

A) they may go to Minnesota to arrest Alan and bring him back because of the felony committed in Delaware.
B) Alan may be arrested and tried in Minnesota for the Delaware felony.
C) as long as Alan commits no crimes in Minnesota, he cannot be arrested or detained for something that happened in another state.
D) they must wait till the statute of limitations for the felony runs out.
E) Delaware must seek extradition of Alan to have him returned to Delaware.

Question 41

A series of written questions concerning the lawsuit sent to the opposing parties are known as:

A) depositions.
B) requests for production.
C) requests for an admission.
D) interrogatories.
E) affidavits.

Question 42

Office Co. has sued Toner Co. and has already filed a complaint. A major issue of dispute is the wording of the original contract. Which discovery method should Office Co. use to get Toner Co. to present the original sales contract?

A) Deposition
B) Interrogatories
C) Extradition
D) Request for admission
E) Request for production

Question 43

What should a party file if the opposing party fails to produce relevant, requested evidence?

A) A motion to assist
B) A motion to insist
C) A motion to compel
D) A motion to controvert
E) A motion to sequester

Question 44

In the pleadings phase, which of the following is false?

A) The defendant's response cannot contain affirmative defenses.
B) The complaint starts the lawsuit.
C) The defendant's response is called an answer.
D) The clerk of the court issues the summons to be served on the defendant.
E) The complaint contains allegations by the plaintiff and a statement or request of the relief sought.

Question 45

Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer. Maria and her lawyer look at the complaint and see that it is mean-spirited and vindictive, and lacks any legitimate claims. Maria's lawyer determines that Theresa is merely bullying Maria, hoping to continue the feud that resulted in Maria moving out of their apartment. What may Maria's lawyer do to ensure that Theresa does not file this kind of vindictive case again?

A) Have Theresa arrested after the statute of limitations runs out
B) File a motion to have Theresa extradited
C) File for sanctions under Rule 11 of the Federal Rules of Civil Procedure
D) File a motion for judgment notwithstanding the verdict
E) File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure

Question 46

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?

A) File a motion for judgment on the pleadings
B) File a motion to have Luigi extradited
C) Terminate the litigation on her own motion
D) Wait until Franz files a motion to terminate the litigation
E) File a request for admission

Question 47

If bias is admitted, a juror is struck from the jury with a:

A) peremptory challenge.
B) challenge for cause.
C) motion for a directed verdict.
D) motion to compel.
E) res judicata.

Question 48

Members of a class must be given notice of the lawsuit; this notice must be given to all members of the class whose names and addresses can be found through _____.

A) res judicata
B) exceptional efforts
C) submission
D) extradition
E) reasonable efforts

Question 49

In what type of motion does a party ask the judge to decide the case based on the complaint and affidavits showing that there are no material facts in dispute?

A) Summary judgment
B) Judgment on the pleadings
C) Judgment notwithstanding the verdict
D) General demurrer
E) Motion to compel

Question 50

If the defendant does not respond to the complaint as required he or she is said to be in _____.

A) complaint.
B) interrogatory.
C) discovery.
D) voir dire.
E) default.

Question 51

Which of the following statements is false concerning peremptory challenges?

A) The number of peremptory challenges allowed varies from state to state.
B) The number of challenges may vary between the parties.
C) One can be used to strike a juror from the jury because he is a man.
D) No reason needs to be given to use a peremptory challenge.
E) The number may vary depending on the type of case being tried.

Question 52

Meghan was pulled over by a policeman for speeding. Despite being cooperative, non-threatening and obviously not intoxicated by liquor or drugs, the policeman orders her out of the car and frisks her. He finds a small bag of marijuana in her pocket. This search and seizure was illegal. After she is arrested, her attorney wants the discovery of the marijuana suppressed because of the illegal search. The attorney would file a:

A) motion for a directed verdict.
B) motion for a summary judgment.
C) motion to dismiss for failure to state a cause of action.
D) motion in limine.
E) motion to sequester witnesses.

Question 53

Terrell is suing Chad. After he receives the answer, Terrell believes that he should win based solely on his original complaint and Chad's answer. Terrell should file a:

A) motion for a directed verdict.
B) motion to dismiss for failure to state a cause of action.
C) motion in limine.
D) motion for a summary judgment.
E) motion for a judgment on the pleadings.

Question 54

When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of:

A) the prospective juror's race.
B) the prospective juror's gender.
C) the juror's lack of bias towards the case.
D) the prospective juror's ethnicity.
E) the juror's relationship to the opposing party.

Question 55

The judicial standard for interpreting the scope of discovery permits a party to seek information if it:

A) will lead to evidence admissible during the trial.
B) is immediately indicative of guilt or innocence.
C) is clear and convincing evidence of negligence.
D) is important enough to the requesting party that they will file a request.
E) is protected by lawyer-client confidentiality.

Question 56

A lawsuit that is totally lacking in merit is referred to as _____.

A) deposed
B) peremptory
C) res judicata
D) cognizable
E) frivolous

Question 57

In J.E.B. v. Alabama, the Court declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

A) gender
B) religious preference
C) race
D) national origin
E) sophistication

Question 58

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.

A) deposition
B) opening statement
C) verdict
D) summation
E) interrogary

Question 59

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

A) gender.
B) religious preference.
C) race.
D) national origin.
E) intelligence.

Question 60

After the complaint is filed, the first thing the defendant must file is the:

A) writ.
B) notice of appeal.
C) request for discovery.
D) answer.
E) deposition.

Question 61

The _____ contain a short description of the case; a factual summary; legal points and authorities; and arguments for reversing or affirming the lower court decision.

A) affidavits
B) interrogaries
C) briefs
D) depositions
E) verdicts

Question 62

Typically, the winner at the trial court level is called the _____ on appeal.

A) appellee
B) appellant
C) counterplaintiff
D) third party
E) magistrate

Question 63

When might a court be forced to use extradition, and what is the process?

Question 64

After the judgment is obtained, requiring the defendant's employer to pay some of the defendant's wages to the court on behalf of the plaintiff is called _____.

A) execution.
B) garnishment.
C) depositions.
D) summary.
E) subpoena

Question 65

If the judge agrees with the decision of the jury, he will enter the _____.

A) verdict
B) judgment
C) appeal
D) summation
E) deposition

Question 66

Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a _____.

A) decree
B) res judicata
C) brief
D) pleading
E) extradition

Question 67

When might a third-party defendant be necessary in a trial, and what purpose dies this type of parry serve?

Question 68

After the plaintiff has presented all of the evidence, the defendant may make a motion for _____, which is granted if the evidence, taken in the light most favorable to the plaintiff, establishes as a matter of law that the defendant is entitled to a verdict.

A) voir dire
B) res judicata
C) summary judgment
D) directed verdict
E) peremptory challenge

Question 69

Once a judge has determined that the plaintiff is to be awarded a certain sum of money, the plaintiff may begin the process to obtain the money from the defendant by having the sheriff or other court official seize the defendant's property and sell it. This is called:

A) execution.
B) summary judgment.
C) deposition.
D) summons.
E) extradition.

Question 70

The burden of proof in most criminal cases is _____.

A) beyond a reasonable doubt
B) preponderance of the evidence
C) clear and convincing proof
D) circumstantial evidence
E) judgment notwithstanding the verdict

Question 71

The burden of proof known as _____ is achieved when there is greater weight of evidence in support of the proposition than there is against it.

A) clear and convincing proof.
B) beyond a shadow of a doubt.
C) preponderance of evidence.
D) beyond a reasonable doubt.
E) beyond all doubt.

Question 72

Describe the standard and three criteria that allow the typical long-arm statute to allow jurisdiction over a non-resident defendant?

Question 73

Which of the following is a feature of appellate review?

A) Calling witnesses.
B) Oral argument.
C) Introduction of new evidence.
D) Statute of limitations.
E) Discovery.

Question 74

Why are many class-action suits settled?

Question 75

If the judge finds that the verdict is erroneous as a matter of law, she may enter a _____.

A) directed verdict
B) summary judgment
C) judgment notwithstanding the verdict
D) voir dire
E) peremptory challenge

Question 76

Which of the following best sums up the sequence of events in a jury trial?

A) Opening statements; voir dire; judgment; verdict
B) Pleadings; voir dire; discovery; judgment
C) Voir dire; discovery; closing arguments; judgment
D) Opening statements, pleadings, judgment, closing argument
E) Discovery; voir dire; verdict; judgment

Question 77

When a petition for certiorari is filed to the Supreme Court, the party initiating the petition is the petitioner and the other party is known as the _____.

A) plaintiff
B) respondent
C) appellant
D) tortfeasor
E) defendant

Question 78

Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called _____.

A) voir dire.
B) chancery.
C) execution.
D) res judicata.
E) nolo contendere.

Question 79

What is standing to sue and what must the plaintiff allege to establish required standing?

Question 80

After an appeal, the losing party may petition the highest court in the system for a/n _____.

A) subpoena
B) execution
C) brief
D) writ of certiorari
E) affidavit