Question 1

The Supreme Court has consistently ruled that Congressional intent disfavors arbitration agreements.

Accepted Answer

A) True 
 B)False  False

Question 2

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

A)  Erie 
B)  common law 
C)  venue 
D)  substantial activity 
A)  Erie 
B)  common law 
C)  venue 
D)  substantial activity A

Question 3

The party appealing a case is generally referred to as the:

Accepted Answer

A)  plaintiff. 
B)  respondent. 
C)  appellee. 
D)  appellant. 
A)  plaintiff. 
B)  respondent. 
C)  appellee. 
D)  appellant. D

Question 4

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

Accepted Answer

A)  in personam 
B)  in rem 
C)  long-arm 
D)  diversity 
A)  in personam 
B)  in rem 
C)  long-arm 
D)  diversity

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Prior to filing a lawsuit the plaintiff must have standing to sue,which means all of the following,EXCEPT:

Accepted Answer

A)  Plaintiff has the resources to pay his legal and court costs. 
B)  Plaintiff is the proper party to file the suit 
C)  Plaintiff has a personal interest in the outcome of the suit. 
D)  Plaintiff will benefit from a favorable ruling. 
A)  Plaintiff has the resources to pay his legal and court costs. 
B)  Plaintiff is the proper party to file the suit 
C)  Plaintiff has a personal interest in the outcome of the suit. 
D)  Plaintiff will benefit from a favorable ruling.

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

The federal court system has thirteen courts of appeal.

Accepted Answer

A) True 
 B)False

Question 9

Federal judges are appointed for ten year renewable terms.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A)  defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. 
B)  out-of-state defendant has ever visited the state. 
C)  out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts. 
D)  out-of-state defendant has ever lived in the state. 
A)  defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. 
B)  out-of-state defendant has ever visited the state. 
C)  out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts. 
D)  out-of-state defendant has ever lived in the state.

Question 11

In 2002 the European Union adopted the __________ to standardize the rules for determining where suits involving e-commerce may be brought.

Accepted Answer

A)  Brussels Conventions 
B)  European E-commerce Rules 
C)  European Commerce Standards 
D)  French Conventions 
A)  Brussels Conventions 
B)  European E-commerce Rules 
C)  European Commerce Standards 
D)  French Conventions

Question 12

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

A)  Confidential Memo 
B)  Corporate Confidentiality 
C)  Corporate Counsel 
D)  Subject Matter 
A)  Confidential Memo 
B)  Corporate Confidentiality 
C)  Corporate Counsel 
D)  Subject Matter

Question 13

In cases involving transactions via the internet,the courts have adopted a 'sliding scale' to determine whether they can exercise personal jurisdiction.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A judge will grant summary judgment when

Question 15

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?

Accepted Answer

A)  That you would be glad to do so because you want to provide emotional support. 
B)  That you should not go because your presence would destroy the attorney-client privilege. 
C)  That you should not go because your presence would destroy the work-product privilege. 
D)  That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege. 
A)  That you would be glad to do so because you want to provide emotional support. 
B)  That you should not go because your presence would destroy the attorney-client privilege. 
C)  That you should not go because your presence would destroy the work-product privilege. 
D)  That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege.

Question 16

CASE 3.1,Wal-Mart Stores,Inc.v.Dukes (2011),involved a question of whether:

Accepted Answer

A)  Wal-Mart should be properly sued in federal vs.state court. 
B)  there was sufficient commonality among Wal-Mart employees to certify the group as a class. 
C)  one Wal-Mart employee could represent over one million other employees. 
D)  the employees had waived their rights to arbitration under the Federal Arbitration Act. 
A)  Wal-Mart should be properly sued in federal vs.state court. 
B)  there was sufficient commonality among Wal-Mart employees to certify the group as a class. 
C)  one Wal-Mart employee could represent over one million other employees. 
D)  the employees had waived their rights to arbitration under the Federal Arbitration Act.

Question 17

__________ 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

A)  Service of process, defendant 
B)  Service of process, plaintiff 
C)  In personam jurisdiction, plaintiff 
D)  Choice of forum, defendant 
A)  Service of process, defendant 
B)  Service of process, plaintiff 
C)  In personam jurisdiction, plaintiff 
D)  Choice of forum, defendant

Question 18

The silicone breast implant case against Dow Corning,as well as the cases involving smoking and securities fraud,are examples of class action lawsuits.

Accepted Answer

A) True 
 B)False

Question 19

Court opinions are published in collections of court opinions called reporters.

Accepted Answer

A) True 
 B)False

Question 20

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 whether she should choose mediation or arbitration?

Accepted Answer

A)  That mediation and arbitration are essentially the same thing. 
B)  That a mediator would actually decide the case whereas an arbitrator would not. 
C)  That an arbitrator would actually decide the case whereas a mediator would not. 
D)  That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not. 
A)  That mediation and arbitration are essentially the same thing. 
B)  That a mediator would actually decide the case whereas an arbitrator would not. 
C)  That an arbitrator would actually decide the case whereas a mediator would not. 
D)  That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not.

Exam 3: Sources of Law, Courts, and Dispute Resolution.

The Supreme Court has consistently ruled that Congressional intent disfavors arbitration agreements.

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.

The party appealing a case is generally referred to as the:

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

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

Prior to filing a lawsuit the plaintiff must have standing to sue,which means all of the following,EXCEPT:

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 federal court system has thirteen courts of appeal.

Federal judges are appointed for ten year renewable terms.

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

In 2002 the European Union adopted the __________ to standardize the rules for determining where suits involving e-commerce may be brought.

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.

In cases involving transactions via the internet,the courts have adopted a 'sliding scale' to determine whether they can exercise personal jurisdiction.

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

CASE 3.1,Wal-Mart Stores,Inc.v.Dukes (2011),involved a question of whether:

__________ 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.

The silicone breast implant case against Dow Corning,as well as the cases involving smoking and securities fraud,are examples of class action lawsuits.

Court opinions are published in collections of court opinions called reporters.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Sales, Licensing, and E-Commerce.

Torts and Privacy Protection.

Product Liability.

Intellectual Property.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters

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.