Exam 3: The Judicial Process and Cyber-Procedure

Formal criminal charges may be brought against a defendant in state court without a grand jury being involved.

A plaintiff is a person who answers a lawsuit by filing a demurrer in a trial court of general jurisdiction.

Jill,a resident of Iowa,suffers $20,000 in damages when a BIG Corp.truck hits her parked car in Illinois,where Jill is visiting her aunt.BIG Corp.is incorporated in Delaware.In what court may her suit be filed?

Cyber-jurisdiction is the power of the court to have personal jurisdiction over any type of case based on the stream of commerce standard.

A demurrer is a plaintiff's response asking a court to dismiss the defendant's answer because she has failed to state a claim upon which relief can be granted.

An equitable remedy may be available in all of the following cases except:

Jury instructions contain the judge's opinion of the evidence presented.

During the ________ of the jury,________ the right to ask questions to determine who will allowed to sit on the jury.

The Federal Rules of Civil Procedure now refer to computerized evidence as:

Having been called for jury selection,Lawrence discovered that the defendant in the trial is the brother of his stockbroker.The lawyers may not refuse to impanel Lawrence because to do so would subject the court to a civil rights lawsuit.

Attorney Jose wants to personally question Ellen,a witness,about her observation of an auto accident in advance of a trial concerning the accident.Jose should:

During a(n)________,the defendant is formally charged with a crime and can either plead guilty or not guilty.

Appellate courts use the abuse of discretion standard to determine whether a judge in the lower court has,in some way,misused his or her authority.

Gordon Gibbs accidentally grated his plow along his neighbor's driveway,ruining the driveway.The neighbor wants Gordon to pay the $1,500 cost of paving the driveway.If this case enters litigation,it will most likely be heard by ________ court.

When a party (the movant)files a motion for ________,the movant is telling the court that no ________ exists,and that the movant is entitled by law to ________.

A federal question can only involve a treaty.

The U.S.federal court system is divided into 13 circuits.

Nick sues Bradford & Co. ,alleging employment discrimination.Nick believes Bradford & Co.'s e-mail will reveal evidence of discriminatory attitudes and actions by its management.Nick sends a letter to Bradford & Co. ,requesting copies of e-mail messages for the last six months,but receives no answer.What should Nick do?

________ occurs when a plaintiff searches for a(n)________ with law that is favorable to its case,and then files the case.

Marilyn is a contractor-computer programmer who works for SIM Co.in its principal place of business in New Jersey.Marilyn designs a corporate information system (CIS)for Matrix Corp. ,a SIM Co.client,which has its offices in New York City.Unfortunately,the CIS crashes before Marilyn is paid for her work and all of Matrix's records are lost,requiring Matrix to spend $300,000 to reconstruct the system.Matrix sues SIM Co.for breach of contract.Marilyn believes that the crash was not caused by her CIS and that she should be paid by SIM Co.Discuss the options Marilyn and SIM Co.have in responding to the suit.