Question 1

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

Accepted Answer

The answer of Federal courts are generally referred to as...

Question 2

Jules has incorporated a business,The Spree Chocolatier.It has facilities in five major cities in California,Arizona,and Washington.After fulfilling a contract for 500 fancy desserts for a banquet,The Spree Chocolatier's client in Seattle,Washington,refused to pay.Jules brought suit.According to federal diversity purposes,The Spree Chocolatier would be considered a citizen of:

Accepted Answer

According to federal diversity purposes, a corporation is considered a citizen of both the state of incorporation and the state of its principal place of business. In this case, The Spree Chocolatier has facilities in five major cities in California, Arizona, and Washington, but we don't know where its principal place of business is located. Therefore, the best choice is D, as it covers both possibilities.

Question 3

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.

Accepted Answer

Judgment n.o.v. stands for judgment non obstante verdicto, which means judgment notwithstanding the verdict. It is a legal motion that requests the judge to reverse the decision of the jury as a matter of law because the evidence presented fails to establish a right to relief for the prevailing party. In other words, it asks the court to enter judgment for the losing party because no reasonable jury could find in favor of the winning party based on the evidence presented.

Question 4

Riley had a dispute with a neighbor regarding the location of the property line.Riley's attorney suggests to Riley 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?

Accepted Answer

A Summary jury trial is a procedure where parties present their case to a jury, which then renders a nonbinding verdict, offering the parties a realistic idea of how their dispute might be resolved in a formal court setting.

Question 5

In which of the following is federal diversity jurisdiction present?

Accepted Answer

Federal diversity jurisdiction is present when a lawsuit involves citizens of different states, and the amount in controversy, exclusive of interest and all costs, exceeds $75,000. Therefore, the correct choice is D, which includes both requirements for federal diversity jurisdiction.

Question 6

What was the central question in CASE 3.1,Wal-Mart Stores,Inc.v.Dukes (2011)?

Accepted Answer

The central question in the case was whether sufficient commonality among Wal-Mart employees could be shown to certify the group as a class. This was a crucial question because the plaintiffs were seeking to represent over 1 million current and former Wal-Mart employees in a class action lawsuit alleging gender discrimination in pay and promotions, which could result in significant damages for the company. The other choices mentioned in the options were not the central questions in the case.

Question 7

__________ is the voluntary give-and-take parties engage in when coming to terms with each other.

Accepted Answer

Negotiation is the process in which parties voluntarily exchange proposals and come to a mutually acceptable agreement. Litigation involves a legal process in which a judge or jury decides the outcome of a dispute. Arbitration and mediation are also forms of alternative dispute resolution, but they involve a neutral third party making decisions or facilitating discussions between the parties.

Question 8

CASE 3.2,Morris v.Ernst & Young (2017)before the U.S.Supreme Court,involved a question of whether:

Accepted Answer

The case Morris v. Ernst & Young raised the question of whether an employer violates the National Labor Relations Act when it requires employees to sign a concerted action waiver, making option B the correct choice. The Supreme Court ultimately held that such waivers are illegal because they interfere with employees' right to engage in concerted activity over wages, working conditions, and other terms of employment.

Question 9

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.

Accepted Answer

The Erie doctrine refers to the principle that in diversity cases, federal courts must apply state substantive law. This means that even though the case is being heard in federal court, the outcome will be similar to if it were heard in a state court, as the same laws will govern the adjudication.

Question 10

__________ which notifies the __________ of the filing of a lawsuit,has traditionally been accomplished by mail or by personally handing a complaint to the receiving party.

Accepted Answer

Service of process is the procedure to officially notify the defendant of the filing of a lawsuit. It is the responsibility of the plaintiff to accomplish this task. Therefore, the correct answer is A) Service of process; defendant. Option B is incorrect because the plaintiff is the one who initiates the lawsuit, not the one who receives the notification. Option C refers to the court's power over the defendant, not the method of notification. Option D is not related to the notification process.

Question 11

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

Accepted Answer

The answer of Under what circumstances should a judge grant...

Question 12

Documents used as evidence in a case are not properly introduced into court.If that improper introduction risks potential damage to the nonproducing party,then the jury is instructed to consider those documents subject to:

Accepted Answer

The term "spoliation inference" refers to a legal doctrine that assumes a party intentionally destroyed or failed to preserve evidence that would have been unfavorable to them. In this scenario, the failure to properly introduce the documents as evidence creates a risk of spoliation, which could suggest to the jury that the nonproducing party was deliberately withholding evidence. Therefore, the jury would be instructed to consider the documents subject to spoliation inference, which could potentially harm the nonproducing party's case.

Question 13

Most states have __________ statutes,which can subject an out-of-state defendant to jurisdiction within the state.

Accepted Answer

Long-arm statutes extend a state's jurisdiction beyond its borders to out-of-state individuals or businesses. This allows a state to exercise jurisdiction over someone who may not have physical presence in the state but has sufficient contacts with the state to warrant legal action. In contrast, in personam and in rem jurisdiction apply only within the state's boundaries, while diversity jurisdiction is based on the parties being from different states and the amount in controversy exceeding a certain threshold.

Question 14

The case discussed in the text,Upjohn Co.v.United States,involved an attorney-client privilege in the corporate setting.The U.S.Supreme Court crafted the ______ test to determine whether the privilege applied.

Accepted Answer

The U.S. Supreme Court crafted the "subject matter" test to determine whether the attorney-client privilege applied in the corporate setting, as discussed in the case Upjohn Co. v. United States. This test focuses on whether the legal advice sought was related to the client's business and whether the communication made to the attorney was made in confidence.

Question 15

The common law doctrine of ______ means to "abide by decided cases."

Accepted Answer

Stare decisis is a Latin term meaning "to stand by things decided." It is the common law doctrine that requires lower courts to follow the holdings of higher courts within the same jurisdiction, and it promotes consistency and predictability in the legal system. Subject matter jurisdiction refers to a court's authority to hear a particular type of case, choice-of-law refers to the process of determining which jurisdiction's law applies to a particular case, and standing refers to a party's ability to bring a lawsuit in court. None of these relate to the doctrine of stare decisis.

Question 16

Hadley has filed a lawsuit against Memo Marketing for nonpayment of contracted fees for Hadley's freelance services.In this situation,Hadley is the _____ and Memo Marketing would receive notice of the suit in the form of a _____.

Accepted Answer

Hadley is the party who has filed the lawsuit, which makes them the plaintiff. Memo Marketing would receive notice of the suit in the form of a complaint, which is a legal document filed by the plaintiff that outlines their claims and allegations against the defendant. Therefore, the correct choice is B) plaintiff; complaint.

Question 17

When a case is dismissed _____,the _____ is precluded from asserting the same claim in another case.

Accepted Answer

When a case is dismissed "with prejudice," the plaintiff is precluded from asserting the same claim in another case. Dismissal "without prejudice" means the plaintiff can still file another case on that same claim. Defendant has no bearing on the dismissal ruling.

Question 18

Describe a choice-of-forum clause and how it is used.

Accepted Answer

The answer of Describe a choice-of-forum clause and how it...

Question 19

A motion for summary judgment will be granted where there is:

Accepted Answer

A motion for summary judgment is granted when there is no disputed issue of material fact, meaning that the facts are clear and undisputed, allowing the court to decide the case based on the law alone.

Question 20

____ references the method used for determining the citizenship of a corporation for purposes of diversity of citizenship.

Accepted Answer

The nerve-center test is the method used for determining the citizenship of a corporation for purposes of diversity of citizenship. This involves looking at where the corporation makes its high level decisions, or where its "nerve center" is located.

Quiz 3: Sources of Law Courts and Dispute Resolution