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

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

Which of the following is true regarding citizenship of an individual for purposes of diversity jurisdiction in federal court?

Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction.

Fact Pattern 3-1 Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia. -Refer to fact pattern 3-1. Which of the following is the most likely result in regard to Bruce's claim that he was not subject to jurisdiction in a court located in Virginia?

Which of the following are provisions issued by federal and state administrative agencies and executive departments to interpret and implement statutes enacted by a legislature?

When a class action is involved,there is no opportunity for someone who wants to litigate separately to opt out.

Case law,the legal rules made by judges when they decide a case where no constitution,statute or regulation exists to resolve the dispute,is known as ________.

Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.

A lawsuit may be resolved before trial by the judge granting a[n]

The doctrine of stare decisis means

A motion for summary judgment will be granted where there is no triable issue of

Federal judges are appointed for ten year renewable terms.

For diversity purposes,a corporation is deemed a citizen of

When it decides to hear a case,the U.S.Supreme Court issues a ____________ ordering the lower court to certify the record of proceedings below and send it up to the Supreme Court.

A ______ action is brought by a representative of many people suffering the same harm.

Fact Pattern 3-2 Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer. -Refer to fact pattern 3-2. What would you tell Sally regarding her request that you go with her,as her friend,to see her lawyer?

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

A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for the Federal Circuit.

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is:

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.