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

Jury challenges for cause are called pretrial challenges.

The __________ is used when judges decide a case where there are no constitutional,statutory,or regulatory holdings to resolve the dispute.

Assuming that more than one forum has jurisdiction over a lawsuit,the doctrine of __________ involves a determination of which forum is more appropriate.

Federal courts are generally referred to as courts of limited jurisdiction.Over what three types of cases do federal district courts have jurisdiction?

A federal court of appeals in one circuit must follow an earlier decision on an issue made by a federal court of appeals in another circuit.

___________ are issued by administrative agencies to interpret and implement statutes enacted by a legislature.

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 the lawsuit could only be appropriately filed in a state court?

The __________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

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?

An interrogatory would be a tool by attorneys in the discovery process.

If the defendant does not file an answer within the time required,a(n)__________ may be entered in favor of the plaintiff.

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. -For federal diversity purposes,a corporation is deemed a citizen of:

Any corporate employee can communicate with corporate counsel and be protected by the attorney-client privilege.

The __________ is a term referencing the method used for determining the citizenship of a corporation for purposes of diversity of citizenship.

Both the U.S.Congress and state legislatures may adopt statutes.

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

For purposes of diversity jurisdiction in federal court,which of the following is true regarding a person's citizenship?

The process of questioning the witnesses in a trial is called voir dire.

A "spoliation inference" means that documents not properly introduced into court are damaging to the party who could not produce them.

___________ rules prescribe which law a state court should apply in a multi-state litigation.