Question 1

A court has __________ when it has jurisdiction over the location of property at issue in a lawsuit.

Accepted Answer

A) True 
 B)False

Question 2

A lawsuit may be resolved before trial by the judge granting a(n):

Accepted Answer

A)  judgment notwithstanding the verdict. 
B)  interlocutory judgment. 
C)  motion to dismiss. 
D)  request for production of documents. 
A)  judgment notwithstanding the verdict. 
B)  interlocutory judgment. 
C)  motion to dismiss. 
D)  request for production of documents.

Question 3

A judge will grant a motion to dismiss the complaint on any of the following grounds,EXCEPT:

Accepted Answer

A)  the plaintiff has failed to state a claim on which relief can be granted. 
B)  the court lacks jurisdiction over the subject matter or the parties involved. 
C)  the plaintiff has failed to offer the defendant an offer of settlement. 
D)  the plaintiff has failed to properly serve the complaint on the defendant. 
A)  the plaintiff has failed to state a claim on which relief can be granted. 
B)  the court lacks jurisdiction over the subject matter or the parties involved. 
C)  the plaintiff has failed to offer the defendant an offer of settlement. 
D)  the plaintiff has failed to properly serve the complaint on the defendant.

Question 4

Negotiating business contracts with an out-of-state individual via smart phone texting is insufficient to provide a court with personal jurisdiction over that individual.

Accepted Answer

A) True 
 B)False

Question 5

The __________ control the civil trial practices in all of the U.S.district courts.

Accepted Answer

A)  Federal Rules of Civil Procedure 
B)  Universal Rules of Civil Procedure 
C)  National Rules of Civil Court Conduct 
D)  Common Rules of Civil Procedure 
A)  Federal Rules of Civil Procedure 
B)  Universal Rules of Civil Procedure 
C)  National Rules of Civil Court Conduct 
D)  Common Rules of Civil Procedure

Question 6

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

Accepted Answer

The attorney work-product doctrine prote

Question 7

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?

Accepted Answer

A)  Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there. 
B)  Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities. 
C)  Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state. 
D)  Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice. 
A)  Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there. 
B)  Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities. 
C)  Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state. 
D)  Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

Question 8

When a case is dismissed __________,the __________ is precluded from asserting the __________ in another case.

Accepted Answer

A)  without prejudice, plaintiff, same claim 
B)  with prejudice, plaintiff, same claim 
C)  without prejudice, defendant, same claim 
D)  with prejudice, defendant, same claim 
A)  without prejudice, plaintiff, same claim 
B)  with prejudice, plaintiff, same claim 
C)  without prejudice, defendant, same claim 
D)  with prejudice, defendant, same claim

Question 9

__________ is the voluntary give-and-take parties engage in when coming to terms with each other.

Accepted Answer

A)  Litigation 
B)  Arbitration 
C)  Mediation 
D)  Negotiation 
A)  Litigation 
B)  Arbitration 
C)  Mediation 
D)  Negotiation

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

The doctrine of stare decisis means:

Accepted Answer

A)  to abide by decided cases. 
B)  let the courts decide. 
C)  let the superior argument prevail. 
D)  to decide the case on its merits. 
A)  to abide by decided cases. 
B)  let the courts decide. 
C)  let the superior argument prevail. 
D)  to decide the case on its merits.

Question 12

The two coexisting federal and state judicial systems are a result of the system of __________ created by the U.S.Constitution,giving them different __________ jurisdiction.

Accepted Answer

A)  standing, subject matter 
B)  diversity, in personam 
C)  duality, in rem 
D)  federalism, subject matter 
A)  standing, subject matter 
B)  diversity, in personam 
C)  duality, in rem 
D)  federalism, subject matter

Question 13

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

Accepted Answer

A)  disputed, material fact 
B)  legal, questionable fact 
C)  material, fact 
D)  factual, legal fact 
A)  disputed, material fact 
B)  legal, questionable fact 
C)  material, fact 
D)  factual, legal fact

Question 14

The common law doctrine of __________ means to "abide by decided cases."

Accepted Answer

A)  subject matter jurisdiction 
B)  stare decisis 
C)  choice-of-law 
D)  standing 
A)  subject matter jurisdiction 
B)  stare decisis 
C)  choice-of-law 
D)  standing

Question 15

Federal diversity jurisdiction exists when:

Accepted Answer

A)  a lawsuit is between citizens of different states. 
B)  the amount in controversy, exclusive of interest and all costs, exceeds $75,000. 
C)  either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000. 
D)  a lawsuit is between citizens of different states, and that the amount in controversy, exclusive of interest and all costs, exceeds $75,000. 
A)  a lawsuit is between citizens of different states. 
B)  the amount in controversy, exclusive of interest and all costs, exceeds $75,000. 
C)  either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000. 
D)  a lawsuit is between citizens of different states, and that the amount in controversy, exclusive of interest and all costs, exceeds $75,000.

Question 16

Set forth the circumstances when courts in the United States will honor a choice-of-forum clause.

Accepted Answer

Courts in the United States will honor c

Question 17

A __________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor.

Accepted Answer

A)  directed verdict 
B)  summary judgment 
C)  judgment n.o.v. 
D)  judgment on the pleadings 
A)  directed verdict 
B)  summary judgment 
C)  judgment n.o.v. 
D)  judgment on the pleadings

Question 18

Cases before federal courts of appeal are usually presented before a panel of nine judges.

Accepted Answer

A) True 
 B)False

Question 19

CASE 3.2,American Express Co.v.Italian Colors Restaurant(2013)before the U.S.Supreme Court,involved a question of whether __________ under the __________ Act.

Accepted Answer

A)  plaintiffs waived class arbitration, Federal Mediation 
B)  mandatory arbitration, Federal Arbitration 
C)  employee arbitration, State Arbitration 
D)  civil rights discrimination, National Right to Work 
A)  plaintiffs waived class arbitration, Federal Mediation 
B)  mandatory arbitration, Federal Arbitration 
C)  employee arbitration, State Arbitration 
D)  civil rights discrimination, National Right to Work

Question 20

Federal diversity jurisdiction requires that litigants be residing in at least three different states.

Accepted Answer

A) True 
 B)False

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

A court has __________ when it has jurisdiction over the location of property at issue in a lawsuit.

A lawsuit may be resolved before trial by the judge granting a(n):

A judge will grant a motion to dismiss the complaint on any of the following grounds,EXCEPT:

Negotiating business contracts with an out-of-state individual via smart phone texting is insufficient to provide a court with personal jurisdiction over that individual.

The __________ control the civil trial practices in all of the U.S.district courts.

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

When a case is dismissed __________,the __________ is precluded from asserting the __________ in another case.

__________ is the voluntary give-and-take parties engage in when coming to terms with each other.

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

The doctrine of stare decisis means:

The two coexisting federal and state judicial systems are a result of the system of __________ created by the U.S.Constitution,giving them different __________ jurisdiction.

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

The common law doctrine of __________ means to "abide by decided cases."

Federal diversity jurisdiction exists when:

Set forth the circumstances when courts in the United States will honor a choice-of-forum clause.

A __________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor.

Cases before federal courts of appeal are usually presented before a panel of nine judges.

CASE 3.2,American Express Co.v.Italian Colors Restaurant(2013)before the U.S.Supreme Court,involved a question of whether __________ under the __________ Act.

Federal diversity jurisdiction requires that litigants be residing in at least three different states.

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

When a case is dismissed ,the is precluded from asserting the __ in another case.

The two coexisting federal and state judicial systems are a result of the system of created by the U.S.Constitution,giving them different jurisdiction.

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

CASE 3.2,American Express Co.v.Italian Colors Restaurant(2013)before the U.S.Supreme Court,involved a question of whether under the Act.