Exam 3: Courts, sources of law, and dispute resolution

Fact pattern 3-1 Trudy,a resident of Ohio,is driving her vehicle through Tennessee on her way to vacation in Miami.Unfortunately,while driving through Tennessee she fails to stop at a stop sign and collides with a vehicle driven by Jason,a resident of Tennessee,who is driving a new Mercedes he just purchased for $80,000.Jason's leg is broken in the accident.His medical bills and time off work amount to $30,000.Jason sues Trudy in federal court in Tennessee.Trudy says that Jason is not entitled to sue her in federal court and that she should not be required to travel all the way to Tennessee to defend the case.She asks for your advice. -Refer to fact pattern 3-1.Which of the following is true regarding Trudy's claim that she will not be required to travel to Tennessee to defend the case?

Diversity jurisdiction exists when

There are fifty-one U.S.Courts of Appeal,one for each of the states in the United States and one for the District of Columbia.

Parties may never agree in advance which law will govern a dispute in the event that one develops.

The doctrine of stare decisis means

A judge is always compelled to follow restatements of law in making a decision.

The U.S.Supreme Court will not hear a case unless

Jury challenges for cause are called preemptory challenges.

Federal judges are appointed for life.

In a ______ the parties to a dispute put their cases before a real jury which renders a nonbinding decision.

The process of questioning the witnesses is called voir dire.

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.

An affirmative defense ________ that the defendant has acted in a certain way but claims that the defendant's conduct was not the legal cause of harm to the plaintiff.

When a class action is involved,there is never any opportunity for someone who wants to litigate separately to opt out.

Federal courts are commonly referred to as courts of limited jurisdiction.What are the two types of subject matter jurisdiction that Congress has provided for the Federal District Courts? What must a plaintiff demonstrate to bring an action under each of the two types of jurisdiction? Discuss.

A corporation may have dual citizenship for purposes of diversity of citizenship.

Explain in detail the discovery stage of a lawsuit.Describe the types of discovery.Explain the purposes of discovery.

There is no minimum monetary requirement for lawsuits involving a federal question.

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

Which of the following is not a valid function of a court of appeals?