Bus Law 1

Administrative agencies get the power to make law through a process called delegation.

true

The government cannot be a party to a civil suit.

false

A state homicide statute is both criminal and substantive

true

To a legal positivist, morality or rightness is an essential component of any valid law.

false

Because the U.S. Constitution says that the president only executes the laws,
the President never makes laws.

false

A treaty defeats an inconsistent state constitutional provision in case of clash between them.

true

Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes.

true

"I'm really in a quandary over Case A. There's an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I've found several Indiana Supreme Court cases from the 1960's and 1970's. All of those apply a common law rule that is the opposite of the rule stated in the statute. I've thought this over carefully, and I'm convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?"
What should you tell the judge?

That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them.

The school of jurisprudence known as Legal Realism:

Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

The common law:

Is judge-made law that controls if no other type of law applies.

Which of the following will defeat a federal administrative regulation in case of a clash between them?

A treaty. federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level

Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it's written, and not worry about anything else?

Legal Positivism

In case of a clash between them, which of the following will defeat a federal administrative regulation?

A federal statuate

Which of the following is both civil and procedural?

The rules for presenting evidence at a trial

This question lists some common statements about law. Which of those statements is most typical of natural law?

An immoral law isn't really law.

Only the federal legislature can enact statutes

False

Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit.

The answer is false because this would be a civil lawsuit for money damages.

The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law.

true

Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy's case.

false

Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court.

The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party

Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress

true

Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes case being decided today is similar. The Mitchell case is a precedent.

true

Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law.

true

Common law refers to:

law that is made when judges decide cases and then follow those decisions in later cases

The three branches of government in the United States are:

the executive, legislative, and judicial

The doctrine of stare decisis:

is based on English common law tradition. b. literally means "let the decision stand" c. help makes the law predictable d. All of the above Answer: D

Last year, Tim intentionally ran over Harry's prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack's court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of:

stare decisis and civil law

All powers not granted to the federal government by the U.S. Constitution are:

retained by the states

The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n):

statuate

The President of the United States has been traveling the world, meeting with heads of foreign nations and has negotiated an agreement with regard to world environment policies. He is back in the U.S. and is asking the Senate to ratify the agreement. This is an example of:

a treaty, if the Senate ratifies the agreement

A law that violates the United States Constitution:

cannot be enforced by any branch of state or federal government

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later and in part created the Securities and Exchange commission as an independent regulatory entity whose function was to administer these acts, these rules and regulations are referred to as:

administrative laws

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

Natural Law

If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes any ay because the law required him to pay the tax, then he would be applying the jurisprudence theory of:

Legal Positivism

The United States Constitution divided power between the federal and state governments, and then divided federal power among three branches of government. Which of the following best describes this situation?

The Legislative branch of the government makes statutes.

The notion of civil disobedience is founded on what principle?

Natural Law

Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney's office. Jane initiated the second lawsuit for money and damages. Classify each legal action.

The first case was a criminal case. The second was a civil case

Civil law regulates:

rights and duties between persons and businesses in our society.

Which of the following would be an example of a civil lawsuit?

Gretta hit Rita in the bar after getting a little too happy during happy hour. Rita is now suing for her injuries.

Curtis filed a lawsuit against Ulhoff to repay $1,000 according to the terms of a promissory note. The trial ended before it began with the trial judge granting a motion for summary judgment (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) in favor of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has "remanded" the case. This means:

We don't know who wins yet because the case is being returned to the trial court for additional consideration.

The Doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

False

The largest source of new law is created by court decisions.

false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc.

If a statute is clearly worded and not subject to more than one interpretation, a court does not have the power to invalidate it.

false

The concept of stare decisis focuses most on:
a. precedent.
b. flexibility.
c. legislative intent.
d. change.

Precedent

Statutory law is to legislative bodies as common law is to:
a. England.
b. precedent.
c. judges.
d. administrative regulations.

judges

An administrative regulation:
a. has the same legal effect as a statutory law created by Congress.
b. is legally binding on the specific businesses targeted by the regulation but is
not binding on non-specified individuals.
c. has no legal effect until ratified by a court.
d. can only be interpreted and enforced by the administrative agency that created
the regulation.

A

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

true

Proponents of natural law believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.

true

The natural law philosopher assumes that people have created laws because there is no ideal state of being.

false

The positivists believe that there can be no higher law than a nation's positive law — law created by a particular society at a particular point in time.

true

The body of rules that evolved in the king's court, called the curia regis, was the beginning of the common law — law that was common to the entire realm.

true

Judges use precedent when deciding a case in common law legal system.

true

The doctrine of stare decisis helps makes the law more stable and predictable.

true

Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.

true

A court may sometimes depart from a precedent whenever it decides that the precedent is no longer correct in view of changed technology.

true

If there is no precedent on which to base a decision, a court may consider legal principles and policies, fairness, social values, public policy, and concepts from the social sciences.

true

Which of the following is not true of the "law"?
a. "Law" governs relationships among individuals.
b. "Law" governs relationships between citizens and their governments.
c. "Law" includes rules of conduct prescribed by private organizations to govern
their members.
d. "Law" includes rules of conduct prescribed by the controlling authority of a
society.

C

The common law began

as a body of general rules that was applied in the courts throughout england

The general body of law that evolved from the king's court (curia regis) after the Norman Conquest of England in 1066.

is referred to as common law

In the case of Simmons v. Hart, decided in 1965, a state supreme court held that a minor (i.e., someone under the age of 18) could cancel a contract for the sale of a car. A similar case, Chavez v. Jones, is being decided today by a trial court in the same state. If stare decisis is used to decide the Chavez case

the court will probably allow the minor to cancel the sale.

The doctrine of stare decisis
a. applies only to decisions rendered by the Supreme Court of the United States.
b. prevents a court from following a rule it established at an earlier date in a
case with similar issues and facts.
c. prevents different states from following different precedents once one state
has established a rule of law.
d. none of the above.

D

Which of the following descriptions of stare decisis is false?

It makes a law less predictable

If there is no precedent on which a court can base a decision, the court can consider a. legal principles underlying previous court decisions or existing statutes.
b. social values and customs.
c. public policy.
d. all of the above.

D

When there is a case with no binding precedent, a court
a. cannot refuse to decide a case
b. can postpone to decide the case.
c. can postpone deciding the case until there is a precedent.
d. can postpone deciding the case indefinitely.

a. cannot refuse to decide a case

A state law that violates the U.S Constitution

can not be enforced

Which of the following is not a source of law?

Rules issued by a chamber of commerce

Legislation is a synonym for
a. statutory law.
b. stare decisis.
c. administrative law.
d. case law.

a. statutory law

Which of the following is the highest-ranking (superior) law?
a. A statute passed by a state legislature
b. A rule created by a state administrative agency
c. A case decided by a state court
d. A provision in a state constitution

D

Civil law is concerned with disputes between
a. persons only.
b. persons and the public as a whole only.
c. persons and between citizens and their governments.
d. persons and between persons and the public as a whole.

C. the word "persons" can/does also mean consumers, businesses, etc.

Which of the following cases would involve private law?
a. A citizen refuses to pay income tax.
b. A person sues another person to recover for injuries received in an automobile
accident.
c. A person is arrested for burglary.
d. A citizen refuses to vote.

B

There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it?
a. Inherent authority.
b. Delegation.
c. Stare Decisis.
d. Executive power.

B. Delegation

Which of the following types of law is made by legislature?
a. Administrative regulations.
b. Executive orders.
c. Statutes.
d. Two of the above.

Statutes

Which of the following defeats a federal statute in case of a clash between them?
a. A state statute.
b. A state constitution.
c. An equitable principle.
d. None of the above.

D

Which of the following is both civil and substantive law?
a. A state's common law contract law.
b. A state murder statute.
c. A state's rules for the conduct of a civil trial.
d. A state's rules for appealing a civil judgment.

A

Legal positivists typically say that:
a. An unjust law is not law.
b. Validly enacted laws should be obeyed, just or not.
c. The law should keep up with the changing times.
d. Justice is what the judge ate for breakfast.

B

Which of the following statements is most typical of legal realists?
a. "Law is the command of the supreme law-making authority."
b. "The first requirement of a sound body of law is that it corresponds with the
actual feelings and demands of the community, whether right or wrong."
c. "What legal decision-makers actually do is more important than the legal rules
written down in books"
d. "An immoral or unjust law is not a law at all."

C

The doctrine of stare decisis:
a. Says that courts should follow the plain meaning of statutes and not worry about anything else.
b. Says that courts should look at legislative history when interpreting statutes.
c. Says that common law rules, once established, can never change.
d. Says that, in common law cases, like/similar cases should be decided alike.

D

Only a state court can refuse to enforce a state statute that, in the court's view, violates the Constitution.

F

Jurisdiction relates to the power of a court to hear and decide a case.

true

A long arm statute is a law that permits courts to obtain jurisdiction over non- resident (i.e., out of state) defendants.

true

In rem jurisdiction enables a court to exercise jurisdiction over property owned by a defendant.

true

In rem jurisdiction refers to the power of a court to enter a personal judgment against a party to the action.

false

Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts.

false

One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved.

true

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

false

A cause of action based on the Constitution, a treaty, or a federal statute is said to involve a "federal question."

true

Appellate courts normally examine the record of the case on appeal and determine whether the trial court committed an error of law.

true

An arbitrator's decision typically is binding on the parties, while a mediator's decision is not.

true

One of the purposes of the pretrial conference is to get the parties to stipulate (i.e. agree) to facts that are not in dispute.

True. Remember this is the part of the case where the court/judge set the case for trial, address any housekeeping matters that remain in the case, tries to get the parties to agree to narrow the issues and/or facts in dispute in the case, maybe pressures the parties to settle, etc.

A party who receives a favorable judgment after a trial cannot appeal that judgment.

false

With respect to alternative dispute resolution , the trend is toward the use of ADR as an alternative to civil lawsuits.

true

In the mediation process, the mediator proposes, selects, and imposes a solution on the parties.

false

A mini-trial is a procedure used by courts to reduce caseloads.

false it is a form of ADR

Arbitration decisions may be legally binding.

true

In certain instances, an arbitration award may be set aside.

true

Increasingly, the courts are requiring that parties attempt to settle their differences through some form of alternative dispute resolution before preceding a trial.

true

The two primary methods of dispute resolution are litigation and mediation.

false

The majority of disputes are resolved by negotiation.

true

A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc.

true

The person who files or requests an appeal is called the "appellee"

false. apppellant

A motion to dismiss can be filed by one of the parties provided the parties agree on all the facts of the case.

false

In a civil case, the plaintiff must prove her case beyond a reasonable doubt.

false

Jury instructions are read by the judge to the jury before the attorneys make their closing arguments.

false. after closing argument

An appeals court can rule that a trial court's ultimate ruling/decision was correct even if the trial court made some minor errors during the trial.

true

A decision in a case decided in a U.S. district court is final.

false

U.S. district courts have appellate jurisdiction in federal matters.

false

Decisions in cases decided in U.S. courts of appeal are final.

false

The United States Supreme Court can review any decision by any U.S. court of appeal.

true

In certain cases, the United States Supreme Court must issue a writ of certiorari.
?

false. not "must" it may

The refusal by the United States Supreme Court to issue a writ of certiorari unless at least four justices approve of it is called the "rule of four."

true

An answer can deny, but cannot admit, the statements or allegations set out in a complaint.

false

There is no difference between depositions and interrogatories.

false

State appellate courts review the trial court record to determine whether the trial court correctly found the facts.

false

For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $75,000.

true

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

true

Interrogatories are a form of discovery requiring a party to submits to the other side/party written answers to written questions submitted to him.

true

State court "long-arm" jurisdiction is in personam jurisdiction.

true

For a state trial court to have the power to decide a case, it must have been both in
personam jurisdiction and in rem jurisdiction.

false, only need one

In response to the plaintiff's complaint, the defendant must timely file a pleading called the answer.

true

One difference between arbitration and mediation is that an arbitrator's decision binds the parties, while a mediator's does not.

true

A federal statute can preempt state law only when the statute explicitly says that it preempts state law.

false

A court that is without subject matter jurisdiction cannot render a judgment which binds the parties in the case.

true

Suppose that P, who lives in State A, wants to sue D, who lives in State B. The only way that P can sue D is to use the federal courts' diversity jurisdiction.

false

The Supreme Court must decide all appeals coming from the federal courts of appeals.

false

As a general rule, trial courts decide both questions or law and questions of fact.

true

The federal district courts:
? a. hear appeals from the federal court of appeals
b. Only hear cases that involve questions of federal law.
c. Do not make factual determinations and only consider legal issues.
d. None of the above.

D

Which of the following motions, if granted by the judge, basically "takes the case away from the jury" and gives a judgment to one party during the trial (i.e., while the trial is still in progress)?
a. The motion to dismiss.
b. The motion for summary judgment.
c. The motion for a directed verdict.
d. The motion for a new trial.

C

Which of the following is the pleading that the defendant normally files in response to the plaintiff's complaint?
a. The reply.
b. The answer.
c. The counterclaim.
d. The interrogatory.

B

Which of the following will give a state trial court the power to hear a civil case?
a. Diversity jurisdiction and in rem jurisdiction.
b. Subject-matter jurisdiction and in rem jurisdiction.
c. In personam jurisdiction and in rem jurisdiction.
d. Long-arm jurisdiction and in rem jurisdiction.

B

Which of the following is not a recognized method of alternative dispute resolution (ADR)?
a. The mini-trial.
b. Court-annexed arbitration.
c. Summary judgment
d. Summary jury trial.

C

Which of the following normally comes latest in the course of a civil case?
a. The answer.
b. The motion for a directed verdict.
c. The motion for a summary judgment.
d. The motion to dismiss.

B

Potter sues Davis for "aesthetic pollution." The basis for his suit is Davis's extreme ugliness. Potter's complaint details Davis's ugliness in many separate, numbered paragraphs. Potter's suit, however, does not stand a chance, because no legal rule requires one to pay damages for being ugly and for causing aesthetic dissatisfaction to some other party. Thus, Davis wants to defeat Potter's case as fact as possible. His best procedural device for doing so is:
a. The answer.
b. The motion to dismiss for failure to state a claim upon which relief can be
granted (or demurrer).
c. The motion for summary judgment.
d. The motion for judgment notwithstanding the verdict.
e. Discovery.

B

Don is upset about the computer his company purchased from Computers, Inc. Don and the attorney for Computers, Inc. agreed to let Laurie, an expert in computer technology, work with them to help settle the dispute. Laurie discusses the matter with both sides and after a few weeks of shutting back and forth between parties, is successful in helping the parties reach a solution. This is an example of:
a. negotiation.
b. mediation.
c. arbitration.
d. all of the above are correct.

B

What is a commonly touted (i.e., purported) advantage of alternative dispute resolution as compared to litigation?

a. ADR is cheaper and faster than a formal lawsuit. b. ADR allows the parties to reach an agreement to their problem that will be mutually satisfactory to both parties. c. ADR takes away the fear of "total defeat" so often present in litigation and allows both sides to work together to reach a mutually agreeable settlement. d. ADR allows a third party, often a non-lawyer, to get involved in the dispute and work to resolve the problem. ALL THE ABOVE

Which of the following types of ADR is most formal?
a. Mediation
b. Negotiation
c. Mini trial
d. Arbitration.

D

"Jurisdiction" refers to:
a. the proper geographic place to file a lawsuit.
b. the authority of a court to decide a particular type of case.
c. the study of law.
d. all of the above are correct.

B

Which of the below statements is correct?
a. ADR, with exceptions, is a voluntary process on the part of both sides.
b. ADR allows the parties more latitude to discover information about the other
side than does formal litigation procedures.
c. ADR eliminates the need for lawyers to be involved in the resolution of
disputes.
d. ADR has been criticized as a process that forces the parties to reach a solution
may be unsatisfactory to both since neither party wishes to risk going to court.

A

Tonya slipped and hurt herself in a Mega Toy Store. Mega Toy Store is a nationwide company incorporated in Delaware. It also has stores in every state. Tonya is a resident of Nevada but fell in a Mega Toy Store located in Arizona. Tonya's medical bills alone were nearly $100,000. If Tonya decides to sue Mega Toy Store:

she may file her lawsuit in Arizona state court.

Big Corp. is incorporated under Nevada law and has its principal place of business in Texas. Adam, a resident of Texas, wants to sue Big Corp. relative to a product liability claim. Adam is suing for $1 million. The injury occurred in Texas.
a. Adam may sue Big Corp. either in a Texas state court or a federal court.
b. Adam must sue Big Corp. in a federal court.
c. Adam may sue Big Corp. in a Texas state court but Big Corp. may have the
case removed or transferred to a Texas state court.
d. Adam must sue Big Corp. in a Texas state court.

D

About how many cases does the United States Supreme Court actually decide to hear in any given year?
a. 30 to 40
b. 60 to 70
c. 175 to 200
d. 550 to 600

B

Which of the following discovery technique can only be used against the opposing party (not a witness)?
a. Interrogatories.
b. Request for admissions.
c. Physical or mental examinations. d. All of the above are correct.

D

A court can enter a summary judgment (i.e., grant a party's motion for summary judgment) only if:

both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied.

A jury trial would not be allowed in:
a. a lawsuit claiming money damages resulting from a breach of contract.
b. a bankruptcy case.
c. a criminal case involving a minor offense.
d. a case wherein the plaintiff claims she was the victim of defamation.

The answer is B because all bankruptcy cases are heard in a specialized court

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle Roxanne's claim. Which of the following statements is correct about settlements?

A case can be settled at any time. It can be settled between parties even if the jury has heard all the evidence and is contemplating a decision.

a civil case, the plaintiff must prove her case by evidence showing she is:
a. entitled to prevail on her claim on grounds that she is, at a minimum, slightly more entitled than the other party to prevail.
b. clearly entitled to prevail on her claim.
c. entitled to prevail on her claim by clear and convincing evidence.
d. entitled to prevail on her claim beyond a reasonable doubt.

The answer is 'A' because this is the preponderance of the evidence standard. It's just rephrased/in different words!!]

John witnessed a terrible car accident. Unfortunately, john has an advanced terminal illness and may not be alive at the time of the trail. The best discovery method to use relative to getting John's information to a jury is:
a. interrogatories.
b. a videotaped deposition.
c. send him a request for production of documents.
d. for John to tell his minister what happened so the minister can tell the jury
what John said.

B

Does a jury hearing a civil case have to reach a unanimous verdict?
a. Yes.
b. It depends on state law. In some states a unanimous verdict is required; in
other states it is not.
c. It depends on whether or not the parties can agree to have their case decided
by less than a unanimous verdict of the jury; if not, then the decision must be
unanimous.
d. No. Every state has passes legislation allowing for a super majority of the jury
to be sufficient in a civil case.

B. In California we require verdicts to be at least 9-3 (we have, usually, 12 member jury panels in civil cases); Note: that in criminal cases, the verdict must be unanimous

When an appellate court hears a case:

It will listen to oral arguments of the attorneys and read briefs completed by each attorney

Immediately after the plaintiff has finished presenting her case to the judge/jury at trial, the defendant may move for a
a. motion for a directed verdict.
b. motion for a summary judgment.
c. motion for a judgment n.o.v. (notwithstanding the verdict).
d. motion for a judgment on the pleadings.

A

Randi lives in Oregon. She was involved in a car accident while in Idaho. The man who hit her car lives in Wyoming and he has never been to Oregon or done business there. Randi wishes to sue the man for negligence (i.e., a claim that arises under state law, not federal law) to recover the $28,000 it cost to repair her car. Of the choices listed below the most appropriate court for her to file her lawsuit in is:
a. in a federal court in Idaho.
b. in a state court in Oregon.
c. in a state court in Wyoming
d. in a federal court in Oregon.

C

Your next-door neighbor is a resident of your state. One night, he drives over a portion of your property causing substantial damage to your lawn. You could sue your neighbor in your state court.

by asking the court to assert in personam jurisdiction over you neighbor.

For a court to exercise valid authority over a case.
a. the defendant must expressly consent.
b. the court must have jurisdiction.
c. there must be a pretrial hearing.
d. there must be discovery.

B

A long arm statute enables
a. a federal court to decide certain states cases.
b. a state court to decide certain federal law claims.
c. a court of one county to decide claims arising in another county.
d. a state court to decide certain claims against non-residents.

D

To bring a case before the United States Supreme Court, a party asks the court to issue a writ of
a. diversity of citizenship.
b. certiorari.
c. appeal.
d. either b or c.

B

The United States Supreme Court may review a lower court decision that
a. a state law is unconstitutional.
b. an act of Congress is unconstitutional
c. a federal law is unconstitutional.
d. all of the above.

D

In a California court, Smith files a suit against Jones, who lives in New York. The dispute concerns an office building in Los Angeles. In this suit, the California court has
a. in personam jurisdiction over the parties.
b. in rem jurisdiction over the property.
c. both a and b.
d. none of the above.

B

Mark has lived on a parcel of land for thirty years, believing that he owns it. Now Mary, who is the resident of another state, appears, claiming she owns it. Mark wants a court to decide who owns the land. This could be done based on
a. in rem jurisdiction.
b. in personam jurisdiction.
c. subject matter jurisdiction.
d. none of the above.

A

Diversity of citizenship is a basis for
a. federal district courts to exercise original jurisdiction.
b. federal appellate courts to exercise original jurisdiction.
c. the Congress to exercise original jurisdiction.
d. any court to exercise in rem jurisdiction.

A

federal district court has the power to resolve an automobile accident lawsuit if
a. the amount in question is at least $75,000.
b. the plaintiff and defendant are from different states.
c. both a and b.
d. none of the above.

C

A state superior court can hear a case even if it involves
a. citizens of two different states.
b. more than $75,000.
c. a question involving the application of state law.
d. all of the above

D

Under our legal system, it is possible that a particular lawsuit could be heard
a. only by a state governor.
b. only by the attorney general.
c. in either a state court or a federal court.
d. by Congress and a state court.

C

Federal courts have exclusive (i.e. sole) jurisdiction in cases involving
a. patents and copyrights.
b. bankruptcy.
c. both a and b.
d. none of above

C

A state court system can include
a. trial courts.
b. appellate courts.
c. a supreme court.
d. all of the above.

D

Appellate courts
a. review the records of cases to determine if a lower court committed an error of law.
b. hear cases when a change of venue becomes necessary because of adverse pretrial publicity.
c. hear cases only when questions of federal law have been reviewed and found unconstitutional by a lower court.
d. both a and b.

A

Federal cases originate (i.e., start/are filed) in
a. the U.S. courts of appeals.
b. the U.S. district courts.
c. the U.S. Claims court.
d. the U.S. Court of Federal Claims.

B

The federal court system is composed of
a. trial courts.
b. appellate courts.
c. The United States Supreme Court.
d. All of the above.

D

Which statement is true?
a. Federal district courts hear appeals from state courts.
b. There is at least one federal district court in each state.
c. Federal district courts include bankruptcy and tax courts.
d. Federal district courts are appointed by Congress.

answer B. A is not right and is a red herring; C is not correct because bankruptcy, tax courts, etc. are "specialized" federal courts. D is not correct because it is not Congress, it's the President

Which of the following will not give a state trial court the power to hear a civil case?
a. Subject-matter jurisdiction plus in personam jurisdiction.
b. Subject-matter jurisdiction plus in rem jurisdiction.
c. In personam jurisdiction plus in rem jurisdiction.
d. All of the above will give a state trial court the power to decide a civil case.

C

Which of the following is true about alternative dispute resolution (ADR)?
a. ADR has become less important in recent years as the states have improved their court procedures and cut down on their caseloads.
b. The main objection to ADR is that it always costs the parties more time and money than regular court procedures.
c. Although ADR uses relatively informal procedures, all ADR methods require that the party deciding the dispute be a licensed attorney.
d. None of the above.

D

Which of the following comes latest in the course of a civil case?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

D

Depositions are
a. Signed and sworn statements regarding matters of fact.
b. Documentary evidence introduced at trial.
c. A form of discovery involving oral statements.
d. Written statements made during an arbitration.

C

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. The plaintiff and the defendant must each be citizens of the same state.
d. The case must involve a controversy between two different states.

B

Which of the following comes earliest in the course of a civil case?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

A

Which of the following basically involves a "mini-trial" or a "trial by affidavit/paper"?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

B

State trial courts:
a. Do not decide factual questions.
b. Always have subject-matter jurisdiction if the amount in controversy exceeds
$75,000.
c. Both arbitrate and mediate disputes.
d. Decide questions of fact and questions of law.

D

In a civil suit, a plaintiff normally must prove each element of her case:
a. By clear and convincing evidence.
b. By a preponderance of the evidence.
c. Beyond a reasonable doubt.
d. By a practical tendency.

B

P gets a state court civil judgment against D, but does not pay. Which of the following is one of the tools available to P to enforce the judgment against D (assuming D has assets, they can be located, etc.)?
a. Mediation.
b. Long-arm jurisdiction.
c. Writ of execution.
d. In rem jurisdiction.

C

Bus Law 1 - Subjecto.com

Bus Law 1

Your page rank:

Total word count: 6364
Pages: 23

Calculate the Price

- -
275 words
Looking for Expert Opinion?
Let us have a look at your work and suggest how to improve it!
Get a Consultant

Administrative agencies get the power to make law through a process called delegation.

true

The government cannot be a party to a civil suit.

false

A state homicide statute is both criminal and substantive

true

To a legal positivist, morality or rightness is an essential component of any valid law.

false

Because the U.S. Constitution says that the president only executes the laws,
the President never makes laws.

false

A treaty defeats an inconsistent state constitutional provision in case of clash between them.

true

Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes.

true

"I’m really in a quandary over Case A. There’s an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I’ve found several Indiana Supreme Court cases from the 1960’s and 1970’s. All of those apply a common law rule that is the opposite of the rule stated in the statute. I’ve thought this over carefully, and I’m convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?"
What should you tell the judge?

That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them.

The school of jurisprudence known as Legal Realism:

Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

The common law:

Is judge-made law that controls if no other type of law applies.

Which of the following will defeat a federal administrative regulation in case of a clash between them?

A treaty. federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level

Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it’s written, and not worry about anything else?

Legal Positivism

In case of a clash between them, which of the following will defeat a federal administrative regulation?

A federal statuate

Which of the following is both civil and procedural?

The rules for presenting evidence at a trial

This question lists some common statements about law. Which of those statements is most typical of natural law?

An immoral law isn’t really law.

Only the federal legislature can enact statutes

False

Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit.

The answer is false because this would be a civil lawsuit for money damages.

The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law.

true

Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy’s case.

false

Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court.

The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party

Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress

true

Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes case being decided today is similar. The Mitchell case is a precedent.

true

Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law.

true

Common law refers to:

law that is made when judges decide cases and then follow those decisions in later cases

The three branches of government in the United States are:

the executive, legislative, and judicial

The doctrine of stare decisis:

is based on English common law tradition. b. literally means "let the decision stand" c. help makes the law predictable d. All of the above Answer: D

Last year, Tim intentionally ran over Harry’s prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack’s court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of:

stare decisis and civil law

All powers not granted to the federal government by the U.S. Constitution are:

retained by the states

The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n):

statuate

The President of the United States has been traveling the world, meeting with heads of foreign nations and has negotiated an agreement with regard to world environment policies. He is back in the U.S. and is asking the Senate to ratify the agreement. This is an example of:

a treaty, if the Senate ratifies the agreement

A law that violates the United States Constitution:

cannot be enforced by any branch of state or federal government

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later and in part created the Securities and Exchange commission as an independent regulatory entity whose function was to administer these acts, these rules and regulations are referred to as:

administrative laws

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

Natural Law

If Henry David Thoreau’s neighbor agreed that war was unjust but paid his taxes any ay because the law required him to pay the tax, then he would be applying the jurisprudence theory of:

Legal Positivism

The United States Constitution divided power between the federal and state governments, and then divided federal power among three branches of government. Which of the following best describes this situation?

The Legislative branch of the government makes statutes.

The notion of civil disobedience is founded on what principle?

Natural Law

Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney’s office. Jane initiated the second lawsuit for money and damages. Classify each legal action.

The first case was a criminal case. The second was a civil case

Civil law regulates:

rights and duties between persons and businesses in our society.

Which of the following would be an example of a civil lawsuit?

Gretta hit Rita in the bar after getting a little too happy during happy hour. Rita is now suing for her injuries.

Curtis filed a lawsuit against Ulhoff to repay $1,000 according to the terms of a promissory note. The trial ended before it began with the trial judge granting a motion for summary judgment (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) in favor of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has "remanded" the case. This means:

We don’t know who wins yet because the case is being returned to the trial court for additional consideration.

The Doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

False

The largest source of new law is created by court decisions.

false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc.

If a statute is clearly worded and not subject to more than one interpretation, a court does not have the power to invalidate it.

false

The concept of stare decisis focuses most on:
a. precedent.
b. flexibility.
c. legislative intent.
d. change.

Precedent

Statutory law is to legislative bodies as common law is to:
a. England.
b. precedent.
c. judges.
d. administrative regulations.

judges

An administrative regulation:
a. has the same legal effect as a statutory law created by Congress.
b. is legally binding on the specific businesses targeted by the regulation but is
not binding on non-specified individuals.
c. has no legal effect until ratified by a court.
d. can only be interpreted and enforced by the administrative agency that created
the regulation.

A

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

true

Proponents of natural law believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.

true

The natural law philosopher assumes that people have created laws because there is no ideal state of being.

false

The positivists believe that there can be no higher law than a nation’s positive law — law created by a particular society at a particular point in time.

true

The body of rules that evolved in the king’s court, called the curia regis, was the beginning of the common law — law that was common to the entire realm.

true

Judges use precedent when deciding a case in common law legal system.

true

The doctrine of stare decisis helps makes the law more stable and predictable.

true

Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.

true

A court may sometimes depart from a precedent whenever it decides that the precedent is no longer correct in view of changed technology.

true

If there is no precedent on which to base a decision, a court may consider legal principles and policies, fairness, social values, public policy, and concepts from the social sciences.

true

Which of the following is not true of the "law"?
a. "Law" governs relationships among individuals.
b. "Law" governs relationships between citizens and their governments.
c. "Law" includes rules of conduct prescribed by private organizations to govern
their members.
d. "Law" includes rules of conduct prescribed by the controlling authority of a
society.

C

The common law began

as a body of general rules that was applied in the courts throughout england

The general body of law that evolved from the king’s court (curia regis) after the Norman Conquest of England in 1066.

is referred to as common law

In the case of Simmons v. Hart, decided in 1965, a state supreme court held that a minor (i.e., someone under the age of 18) could cancel a contract for the sale of a car. A similar case, Chavez v. Jones, is being decided today by a trial court in the same state. If stare decisis is used to decide the Chavez case

the court will probably allow the minor to cancel the sale.

The doctrine of stare decisis
a. applies only to decisions rendered by the Supreme Court of the United States.
b. prevents a court from following a rule it established at an earlier date in a
case with similar issues and facts.
c. prevents different states from following different precedents once one state
has established a rule of law.
d. none of the above.

D

Which of the following descriptions of stare decisis is false?

It makes a law less predictable

If there is no precedent on which a court can base a decision, the court can consider a. legal principles underlying previous court decisions or existing statutes.
b. social values and customs.
c. public policy.
d. all of the above.

D

When there is a case with no binding precedent, a court
a. cannot refuse to decide a case
b. can postpone to decide the case.
c. can postpone deciding the case until there is a precedent.
d. can postpone deciding the case indefinitely.

a. cannot refuse to decide a case

A state law that violates the U.S Constitution

can not be enforced

Which of the following is not a source of law?

Rules issued by a chamber of commerce

Legislation is a synonym for
a. statutory law.
b. stare decisis.
c. administrative law.
d. case law.

a. statutory law

Which of the following is the highest-ranking (superior) law?
a. A statute passed by a state legislature
b. A rule created by a state administrative agency
c. A case decided by a state court
d. A provision in a state constitution

D

Civil law is concerned with disputes between
a. persons only.
b. persons and the public as a whole only.
c. persons and between citizens and their governments.
d. persons and between persons and the public as a whole.

C. the word "persons" can/does also mean consumers, businesses, etc.

Which of the following cases would involve private law?
a. A citizen refuses to pay income tax.
b. A person sues another person to recover for injuries received in an automobile
accident.
c. A person is arrested for burglary.
d. A citizen refuses to vote.

B

There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it?
a. Inherent authority.
b. Delegation.
c. Stare Decisis.
d. Executive power.

B. Delegation

Which of the following types of law is made by legislature?
a. Administrative regulations.
b. Executive orders.
c. Statutes.
d. Two of the above.

Statutes

Which of the following defeats a federal statute in case of a clash between them?
a. A state statute.
b. A state constitution.
c. An equitable principle.
d. None of the above.

D

Which of the following is both civil and substantive law?
a. A state’s common law contract law.
b. A state murder statute.
c. A state’s rules for the conduct of a civil trial.
d. A state’s rules for appealing a civil judgment.

A

Legal positivists typically say that:
a. An unjust law is not law.
b. Validly enacted laws should be obeyed, just or not.
c. The law should keep up with the changing times.
d. Justice is what the judge ate for breakfast.

B

Which of the following statements is most typical of legal realists?
a. "Law is the command of the supreme law-making authority."
b. "The first requirement of a sound body of law is that it corresponds with the
actual feelings and demands of the community, whether right or wrong."
c. "What legal decision-makers actually do is more important than the legal rules
written down in books"
d. "An immoral or unjust law is not a law at all."

C

The doctrine of stare decisis:
a. Says that courts should follow the plain meaning of statutes and not worry about anything else.
b. Says that courts should look at legislative history when interpreting statutes.
c. Says that common law rules, once established, can never change.
d. Says that, in common law cases, like/similar cases should be decided alike.

D

Only a state court can refuse to enforce a state statute that, in the court’s view, violates the Constitution.

F

Jurisdiction relates to the power of a court to hear and decide a case.

true

A long arm statute is a law that permits courts to obtain jurisdiction over non- resident (i.e., out of state) defendants.

true

In rem jurisdiction enables a court to exercise jurisdiction over property owned by a defendant.

true

In rem jurisdiction refers to the power of a court to enter a personal judgment against a party to the action.

false

Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts.

false

One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved.

true

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

false

A cause of action based on the Constitution, a treaty, or a federal statute is said to involve a "federal question."

true

Appellate courts normally examine the record of the case on appeal and determine whether the trial court committed an error of law.

true

An arbitrator’s decision typically is binding on the parties, while a mediator’s decision is not.

true

One of the purposes of the pretrial conference is to get the parties to stipulate (i.e. agree) to facts that are not in dispute.

True. Remember this is the part of the case where the court/judge set the case for trial, address any housekeeping matters that remain in the case, tries to get the parties to agree to narrow the issues and/or facts in dispute in the case, maybe pressures the parties to settle, etc.

A party who receives a favorable judgment after a trial cannot appeal that judgment.

false

With respect to alternative dispute resolution [ADR], the trend is toward the use of ADR as an alternative to civil lawsuits.

true

In the mediation process, the mediator proposes, selects, and imposes a solution on the parties.

false

A mini-trial is a procedure used by courts to reduce caseloads.

false it is a form of ADR

Arbitration decisions may be legally binding.

true

In certain instances, an arbitration award may be set aside.

true

Increasingly, the courts are requiring that parties attempt to settle their differences through some form of alternative dispute resolution [ADR] before preceding a trial.

true

The two primary methods of dispute resolution are [1] litigation and [2] mediation.

false

The majority of disputes are resolved by negotiation.

true

A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc.

true

The person who files or requests an appeal is called the "appellee"

false. apppellant

A motion to dismiss can be filed by one of the parties provided the parties agree on all the facts of the case.

false

In a civil case, the plaintiff must prove her case beyond a reasonable doubt.

false

Jury instructions are read by the judge to the jury before the attorneys make their closing arguments.

false. after closing argument

An appeals court can rule that a trial court’s ultimate ruling/decision was correct even if the trial court made some minor errors during the trial.

true

A decision in a case decided in a U.S. district court is final.

false

U.S. district courts have appellate jurisdiction in federal matters.

false

Decisions in cases decided in U.S. courts of appeal are final.

false

The United States Supreme Court can review any decision by any U.S. court of appeal.

true

In certain cases, the United States Supreme Court must issue a writ of certiorari.
?

false. not "must" it may

The refusal by the United States Supreme Court to issue a writ of certiorari unless at least four justices approve of it is called the "rule of four."

true

An answer can deny, but cannot admit, the statements or allegations set out in a complaint.

false

There is no difference between depositions and interrogatories.

false

State appellate courts review the trial court record to determine whether the trial court correctly found the facts.

false

For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $75,000.

true

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

true

Interrogatories are a form of discovery requiring a party to submits to the other side/party written answers to written questions submitted to him.

true

State court "long-arm" jurisdiction is in personam jurisdiction.

true

For a state trial court to have the power to decide a case, it must have been both in
personam jurisdiction and in rem jurisdiction.

false, only need one

In response to the plaintiff’s complaint, the defendant must timely file a pleading called the answer.

true

One difference between arbitration and mediation is that an arbitrator’s decision binds the parties, while a mediator’s does not.

true

A federal statute can preempt state law only when the statute explicitly says that it preempts state law.

false

A court that is without subject matter jurisdiction cannot render a judgment which binds the parties in the case.

true

Suppose that P, who lives in State A, wants to sue D, who lives in State B. The only way that P can sue D is to use the federal courts’ diversity jurisdiction.

false

The Supreme Court must decide all appeals coming from the federal courts of appeals.

false

As a general rule, trial courts decide both questions or law and questions of fact.

true

The federal district courts:
? a. hear appeals from the federal court of appeals
b. Only hear cases that involve questions of federal law.
c. Do not make factual determinations and only consider legal issues.
d. None of the above.

D

Which of the following motions, if granted by the judge, basically "takes the case away from the jury" and gives a judgment to one party during the trial (i.e., while the trial is still in progress)?
a. The motion to dismiss.
b. The motion for summary judgment.
c. The motion for a directed verdict.
d. The motion for a new trial.

C

Which of the following is the pleading that the defendant normally files in response to the plaintiff’s complaint?
a. The reply.
b. The answer.
c. The counterclaim.
d. The interrogatory.

B

Which of the following will give a state trial court the power to hear a civil case?
a. Diversity jurisdiction and in rem jurisdiction.
b. Subject-matter jurisdiction and in rem jurisdiction.
c. In personam jurisdiction and in rem jurisdiction.
d. Long-arm jurisdiction and in rem jurisdiction.

B

Which of the following is not a recognized method of alternative dispute resolution (ADR)?
a. The mini-trial.
b. Court-annexed arbitration.
c. Summary judgment
d. Summary jury trial.

C

Which of the following normally comes latest in the course of a civil case?
a. The answer.
b. The motion for a directed verdict.
c. The motion for a summary judgment.
d. The motion to dismiss.

B

Potter sues Davis for "aesthetic pollution." The basis for his suit is Davis’s extreme ugliness. Potter’s complaint details Davis’s ugliness in many separate, numbered paragraphs. Potter’s suit, however, does not stand a chance, because no legal rule requires one to pay damages for being ugly and for causing aesthetic dissatisfaction to some other party. Thus, Davis wants to defeat Potter’s case as fact as possible. His best procedural device for doing so is:
a. The answer.
b. The motion to dismiss for failure to state a claim upon which relief can be
granted (or demurrer).
c. The motion for summary judgment.
d. The motion for judgment notwithstanding the verdict.
e. Discovery.

B

Don is upset about the computer his company purchased from Computers, Inc. Don and the attorney for Computers, Inc. agreed to let Laurie, an expert in computer technology, work with them to help settle the dispute. Laurie discusses the matter with both sides and after a few weeks of shutting back and forth between parties, is successful in helping the parties reach a solution. This is an example of:
a. negotiation.
b. mediation.
c. arbitration.
d. all of the above are correct.

B

What is a commonly touted (i.e., purported) advantage of alternative dispute resolution as compared to litigation?

a. ADR is cheaper and faster than a formal lawsuit. b. ADR allows the parties to reach an agreement to their problem that will be mutually satisfactory to both parties. c. ADR takes away the fear of "total defeat" so often present in litigation and allows both sides to work together to reach a mutually agreeable settlement. d. ADR allows a third party, often a non-lawyer, to get involved in the dispute and work to resolve the problem. ALL THE ABOVE

Which of the following types of ADR is most formal?
a. Mediation
b. Negotiation
c. Mini trial
d. Arbitration.

D

"Jurisdiction" refers to:
a. the proper geographic place to file a lawsuit.
b. the authority of a court to decide a particular type of case.
c. the study of law.
d. all of the above are correct.

B

Which of the below statements is correct?
a. ADR, with exceptions, is a voluntary process on the part of both sides.
b. ADR allows the parties more latitude to discover information about the other
side than does formal litigation procedures.
c. ADR eliminates the need for lawyers to be involved in the resolution of
disputes.
d. ADR has been criticized as a process that forces the parties to reach a solution
may be unsatisfactory to both since neither party wishes to risk going to court.

A

Tonya slipped and hurt herself in a Mega Toy Store. Mega Toy Store is a nationwide company incorporated in Delaware. It also has stores in every state. Tonya is a resident of Nevada but fell in a Mega Toy Store located in Arizona. Tonya’s medical bills alone were nearly $100,000. If Tonya decides to sue Mega Toy Store:

she may file her lawsuit in Arizona state court.

Big Corp. is incorporated under Nevada law and has its principal place of business in Texas. Adam, a resident of Texas, wants to sue Big Corp. relative to a product liability claim. Adam is suing for $1 million. The injury occurred in Texas.
a. Adam may sue Big Corp. either in a Texas state court or a federal court.
b. Adam must sue Big Corp. in a federal court.
c. Adam may sue Big Corp. in a Texas state court but Big Corp. may have the
case removed or transferred to a Texas state court.
d. Adam must sue Big Corp. in a Texas state court.

D

About how many cases does the United States Supreme Court actually decide to hear in any given year?
a. 30 to 40
b. 60 to 70
c. 175 to 200
d. 550 to 600

B

Which of the following discovery technique can only be used against the opposing party (not a witness)?
a. Interrogatories.
b. Request for admissions.
c. Physical or mental examinations. d. All of the above are correct.

D

A court can enter a summary judgment (i.e., grant a party’s motion for summary judgment) only if:

both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied.

A jury trial would not be allowed in:
a. a lawsuit claiming money damages resulting from a breach of contract.
b. a bankruptcy case.
c. a criminal case involving a minor offense.
d. a case wherein the plaintiff claims she was the victim of defamation.

The answer is B because all bankruptcy cases are heard in a specialized court

Roxanne was injured when she fell in a hole while walking across her landlord’s parking lot. She and her lawyer hope they can settle Roxanne’s claim. Which of the following statements is correct about settlements?

A case can be settled at any time. It can be settled between parties even if the jury has heard all the evidence and is contemplating a decision.

a civil case, the plaintiff must prove her case by evidence showing she is:
a. entitled to prevail on her claim on grounds that she is, at a minimum, slightly more entitled than the other party to prevail.
b. clearly entitled to prevail on her claim.
c. entitled to prevail on her claim by clear and convincing evidence.
d. entitled to prevail on her claim beyond a reasonable doubt.

The answer is ‘A’ because this is the preponderance of the evidence standard. It’s just rephrased/in different words!!]

John witnessed a terrible car accident. Unfortunately, john has an advanced terminal illness and may not be alive at the time of the trail. The best discovery method to use relative to getting John’s information to a jury is:
a. interrogatories.
b. a videotaped deposition.
c. send him a request for production of documents.
d. for John to tell his minister what happened so the minister can tell the jury
what John said.

B

Does a jury hearing a civil case have to reach a unanimous verdict?
a. Yes.
b. It depends on state law. In some states a unanimous verdict is required; in
other states it is not.
c. It depends on whether or not the parties can agree to have their case decided
by less than a unanimous verdict of the jury; if not, then the decision must be
unanimous.
d. No. Every state has passes legislation allowing for a super majority of the jury
to be sufficient in a civil case.

B. In California we require verdicts to be at least 9-3 (we have, usually, 12 member jury panels in civil cases); Note: that in criminal cases, the verdict must be unanimous

When an appellate court hears a case:

It will listen to oral arguments of the attorneys and read briefs completed by each attorney

Immediately after the plaintiff has finished presenting her case to the judge/jury at trial, the defendant may move for a
a. motion for a directed verdict.
b. motion for a summary judgment.
c. motion for a judgment n.o.v. (notwithstanding the verdict).
d. motion for a judgment on the pleadings.

A

Randi lives in Oregon. She was involved in a car accident while in Idaho. The man who hit her car lives in Wyoming and he has never been to Oregon or done business there. Randi wishes to sue the man for negligence (i.e., a claim that arises under state law, not federal law) to recover the $28,000 it cost to repair her car. Of the choices listed below the most appropriate court for her to file her lawsuit in is:
a. in a federal court in Idaho.
b. in a state court in Oregon.
c. in a state court in Wyoming
d. in a federal court in Oregon.

C

Your next-door neighbor is a resident of your state. One night, he drives over a portion of your property causing substantial damage to your lawn. You could sue your neighbor in your state court.

by asking the court to assert in personam jurisdiction over you neighbor.

For a court to exercise valid authority over a case.
a. the defendant must expressly consent.
b. the court must have jurisdiction.
c. there must be a pretrial hearing.
d. there must be discovery.

B

A long arm statute enables
a. a federal court to decide certain states cases.
b. a state court to decide certain federal law claims.
c. a court of one county to decide claims arising in another county.
d. a state court to decide certain claims against non-residents.

D

To bring a case before the United States Supreme Court, a party asks the court to issue a writ of
a. diversity of citizenship.
b. certiorari.
c. appeal.
d. either b or c.

B

The United States Supreme Court may review a lower court decision that
a. a state law is unconstitutional.
b. an act of Congress is unconstitutional
c. a federal law is unconstitutional.
d. all of the above.

D

In a California court, Smith files a suit against Jones, who lives in New York. The dispute concerns an office building in Los Angeles. In this suit, the California court has
a. in personam jurisdiction over the parties.
b. in rem jurisdiction over the property.
c. both a and b.
d. none of the above.

B

Mark has lived on a parcel of land for thirty years, believing that he owns it. Now Mary, who is the resident of another state, appears, claiming she owns it. Mark wants a court to decide who owns the land. This could be done based on
a. in rem jurisdiction.
b. in personam jurisdiction.
c. subject matter jurisdiction.
d. none of the above.

A

Diversity of citizenship is a basis for
a. federal district courts to exercise original jurisdiction.
b. federal appellate courts to exercise original jurisdiction.
c. the Congress to exercise original jurisdiction.
d. any court to exercise in rem jurisdiction.

A

federal district court has the power to resolve an automobile accident lawsuit if
a. the amount in question is at least $75,000.
b. the plaintiff and defendant are from different states.
c. both a and b.
d. none of the above.

C

A state superior court can hear a case even if it involves
a. citizens of two different states.
b. more than $75,000.
c. a question involving the application of state law.
d. all of the above

D

Under our legal system, it is possible that a particular lawsuit could be heard
a. only by a state governor.
b. only by the attorney general.
c. in either a state court or a federal court.
d. by Congress and a state court.

C

Federal courts have exclusive (i.e. sole) jurisdiction in cases involving
a. patents and copyrights.
b. bankruptcy.
c. both a and b.
d. none of above

C

A state court system can include
a. trial courts.
b. appellate courts.
c. a supreme court.
d. all of the above.

D

Appellate courts
a. review the records of cases to determine if a lower court committed an error of law.
b. hear cases when a change of venue becomes necessary because of adverse pretrial publicity.
c. hear cases only when questions of federal law have been reviewed and found unconstitutional by a lower court.
d. both a and b.

A

Federal cases originate (i.e., start/are filed) in
a. the U.S. courts of appeals.
b. the U.S. district courts.
c. the U.S. Claims court.
d. the U.S. Court of Federal Claims.

B

The federal court system is composed of
a. trial courts.
b. appellate courts.
c. The United States Supreme Court.
d. All of the above.

D

Which statement is true?
a. Federal district courts hear appeals from state courts.
b. There is at least one federal district court in each state.
c. Federal district courts include bankruptcy and tax courts.
d. Federal district courts are appointed by Congress.

answer B. A is not right and is a red herring; C is not correct because bankruptcy, tax courts, etc. are "specialized" federal courts. D is not correct because it is not Congress, it’s the President

Which of the following will not give a state trial court the power to hear a civil case?
a. Subject-matter jurisdiction plus in personam jurisdiction.
b. Subject-matter jurisdiction plus in rem jurisdiction.
c. In personam jurisdiction plus in rem jurisdiction.
d. All of the above will give a state trial court the power to decide a civil case.

C

Which of the following is true about alternative dispute resolution (ADR)?
a. ADR has become less important in recent years as the states have improved their court procedures and cut down on their caseloads.
b. The main objection to ADR is that it always costs the parties more time and money than regular court procedures.
c. Although ADR uses relatively informal procedures, all ADR methods require that the party deciding the dispute be a licensed attorney.
d. None of the above.

D

Which of the following comes latest in the course of a civil case?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

D

Depositions are
a. Signed and sworn statements regarding matters of fact.
b. Documentary evidence introduced at trial.
c. A form of discovery involving oral statements.
d. Written statements made during an arbitration.

C

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. The plaintiff and the defendant must each be citizens of the same state.
d. The case must involve a controversy between two different states.

B

Which of the following comes earliest in the course of a civil case?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

A

Which of the following basically involves a "mini-trial" or a "trial by affidavit/paper"?
a. The answer.
b. The motion for summary judgment.
c. The motion to dismiss.
d. The motion for a directed verdict.

B

State trial courts:
a. Do not decide factual questions.
b. Always have subject-matter jurisdiction if the amount in controversy exceeds
$75,000.
c. Both arbitrate and mediate disputes.
d. Decide questions of fact and questions of law.

D

In a civil suit, a plaintiff normally must prove each element of her case:
a. By clear and convincing evidence.
b. By a preponderance of the evidence.
c. Beyond a reasonable doubt.
d. By a practical tendency.

B

P gets a state court civil judgment against D, but does not pay. Which of the following is one of the tools available to P to enforce the judgment against D (assuming D has assets, they can be located, etc.)?
a. Mediation.
b. Long-arm jurisdiction.
c. Writ of execution.
d. In rem jurisdiction.

C

Share This
Flashcard

More flashcards like this

NCLEX 10000 Integumentary Disorders

When assessing a client with partial-thickness burns over 60% of the body, which finding should the nurse report immediately? a) ...

Read more

NCLEX 300-NEURO

A client with amyotrophic lateral sclerosis (ALS) tells the nurse, "Sometimes I feel so frustrated. I can’t do anything without ...

Read more

NASM Flashcards

Which of the following is the process of getting oxygen from the environment to the tissues of the body? Diffusion ...

Read more

Unfinished tasks keep piling up?

Let us complete them for you. Quickly and professionally.

Check Price

Successful message
sending