Question 1

For claim preclusion to apply, the parties cannot be in privity with the parties of the original suit.

Accepted Answer

This statement is incorrect. Claim preclusion can apply even if the parties are in privity with the parties of the original suit. Privity refers to a relationship between two parties that causes them to have a legally recognized interest in the same matter. As long as the second suit involves the same claims and the same parties (or those in privity with them), claim preclusion may apply.

Question 2

The res judicata doctrine would preclude the same case against the same defendant on the same claim.

Accepted Answer

The res judicata doctrine states that once a final judgment has been reached in a case, the same parties cannot bring the same claim against each other again. This is to ensure that the parties are not subjected to the same litigation repeatedly and to provide finality to the legal system. Therefore, the res judicata doctrine would preclude the same case against the same defendant on the same claim.

Question 3

Whether a case has developed sufficiently to be before a court for adjudication raises a question of ripeness.

Accepted Answer

Ripeness refers to whether a case has developed enough so that a court can evaluate and make a decision on the issue presented.

Question 4

Federal and state governments often enact legislation that waives sovereign immunity in specified types of cases and permits injured victims to file law suits.

Accepted Answer

This statement is true. Sovereign immunity may be waived by the government in certain circumstances to allow individuals to sue for damages or other legal remedies.

Question 5

Congress has decided that the federal government cannot be sued in breach of contract cases.

Accepted Answer

The federal government can be sued for breach of contract cases under the Tucker Act, which grants the U.S. Court of Federal Claims jurisdiction over such claims.

Question 6

The fact that immunities exist is evidence that society recognizes the need to protect certain government officials from suit is more important to society than providing justice to a particular victim under certain circumstances.

Accepted Answer

Immunities exist to protect government officials from certain lawsuits in order to allow them to carry out their duties without fear of personal liability. While this may limit the ability of a particular victim to obtain justice in certain situations, it is considered more important to protect the functioning of the government as a whole.

Question 7

An action must be commenced and concluded within the time period established in the applicable statute of limitations or it will be dismissed.

Accepted Answer

The answer of An action must be commenced and concluded...

Question 8

Standing is a necessary prerequisite to a court's proper exercise of subject matter jurisdiction.

Accepted Answer

Standing refers to whether a party has a sufficient stake in the outcome of a case to bring a lawsuit. Without standing, a court does not have subject matter jurisdiction to hear the case. Therefore, standing is a necessary prerequisite to a court's proper exercise of subject matter jurisdiction.

Question 9

If the judicial branch determines that the executive or legislative branches have failed to act when needed, the political-question doctrine allows it to make a determination.

Accepted Answer

The political-question doctrine actually prevents courts from deciding cases that are deemed inappropriate for judicial review, often because they involve issues that are constitutionally committed to another branch of government or lack judicially manageable standards.

Question 10

A statute of limitations may not be used by a defendant as a defense against the plaintiff's claims.

Accepted Answer

A statute of limitations is a defense that a defendant can use against a plaintiff's claims. It limits the time within which a plaintiff can file a lawsuit, and if the plaintiff does not file within that time, the defendant can raise the defense of the statute of limitations.

Question 11

The case-or-controversy requirement generally precludes courts from rendering advisory opinions.

Accepted Answer

The case-or-controversy requirement is a fundamental principle of the U.S. Constitution and requires that a court can only decide a live case or controversy. This means that courts cannot provide advisory opinions on hypothetical or abstract issues.

Question 12

Prosecutors enjoy immunity when they decide for the public who should be criminally prosecuted.

Accepted Answer

Prosecutors are granted absolute immunity when performing their official duties, which includes making decisions on who to prosecute. This immunity is meant to allow prosecutors to make difficult decisions without fear of personal liability or retribution. However, if a prosecutor acts outside the scope of their duties or engages in intentional misconduct, they may still face disciplinary action or civil lawsuits.

Question 13

Once the statute of limitations begins to run, it keeps running until it ends.

Accepted Answer

The statute of limitations can be paused or "tolled" under certain circumstances, such as when the defendant is a minor, out of the state, or in some cases, if the plaintiff is not aware of the harm.

Question 14

Members of the military who have suffered service-related injuries due to government negligence are permitted to sue after leaving the military by the Federal Tort Claims Act.

Accepted Answer

The Federal Tort Claims Act generally prohibits military personnel from suing the government for injuries that are incident to their service, as established by the Feres Doctrine.

Question 15

A case that is not ripe is nonjusticiable.

Accepted Answer

A case that is not ripe means that it is not sufficiently developed to be decided by a court and is therefore nonjusticiable.

Question 16

Using the doctrine of laches may deny someone equitable relief.

Accepted Answer

The doctrine of laches is a legal principle that requires a plaintiff to bring a claim within a reasonable time. If they delay unduly, they may be barred from seeking relief. Therefore, using the doctrine of laches may deny someone equitable relief.

Question 17

It is illegal for one contracting party to contractually agree not to sue another contracting party because such an agreement would contravene public policy.

Accepted Answer

Agreements not to sue, also known as release or waiver agreements, are generally legal and enforceable as long as they are made knowingly and voluntarily, and do not contravene public policy or laws specifically prohibiting such agreements in certain contexts.

Question 18

The time period set by the statute of limitations is outlined in most state constitutions.

Accepted Answer

The time period set by the statute of limitations is outlined in state law, not state constitutions.

Question 19

Juan, who is 15 years old, has been slightly injured as a result of a neighbor's negligence.Juan will be the person who has the legal right to decide whether to sue the neighbor.

Accepted Answer

Because Juan is a minor (under 18 years old), his parent or legal guardian typically has the legal right to decide whether to sue on his behalf.

Question 20

The U.S.Courts of Appeals are the only federal courts that can render advisory opinions.

Accepted Answer

The U.S. Courts of Appeals cannot render advisory opinions, as federal courts can only decide cases or controversies. Advisory opinions are the sole responsibility of executive branch officials, such as the Attorney General or the Office of Legal Counsel.

Quiz 6: Limitations in Seeking Relief