Question 1

A judge in a civil case could overturn a verdict of a jury in response to a motion

Accepted Answer

A) to dismiss. 
B) for stare decisis. 
C) for judgment on the pleadings. 
D) for a judgment notwithstanding the verdict. 
A) to dismiss. 
B) for stare decisis. 
C) for judgment on the pleadings. 
D) for a judgment notwithstanding the verdict. D

Question 2

Personal service of a summons on the defendant who is within the boundaries of the state where the court sits is the most common way to obtain _________________ jurisdiction.

Accepted Answer

in personam

Question 3

Jana Dart, a citizen of California, was attending the premier showing of the movie "Titanic" at the Yoda Four-PO Theatres in Salt Lake City, Utah. She bought a cola and popcorn, and the popcorn contained some small pieces of broken glass. Engrossed in the movie, she ate enough glass to cause severe and numerous internal injuries. She suffered a great deal of pain and anguish, plus numerous medical expenses, and she could not work for four months. She wishes to sue Yoda Four-PO Theatres for $200,000 in damages. The firm's headquarters are in Texas, although the company does business in Utah and Maine. In which court or courts can Dart bring her suit-in a Utah State court, a Texas State court, a California State court, or a federal court?

Accepted Answer

Questions of jurisdiction are about political boundaries, persons and property, and the type and  amount of a dispute. Subject matter jurisdiction is about the geographical area (usually a political  boundary, such as a state) within which a court has the right and power to decide cases. Appropriate  service of process must be made on the defendant by any court with theoretical subject matter jurisdiction in order to get jurisdiction. This type of jurisdiction is usually in personam jurisdiction, power over the person (Yoda Four-PO Theatres).       A plaintiff submits to jurisdiction by filing a lawsuit. For the court to proceed against a defendant, the defendant must be served within the state or be a resident of the state. Most, if not all, states also have long-arm statutes , which allow an injured plaintiff to sue a nonresident motorist for accidents occurring within a state and businesses that conduct business within the state after they have physically left the state. The lawsuits using long-arm statutes must claim an injury related to the statutory purpose.       Federal court jurisdiction includes matters of federal constitutional and statutory law, treaties,  lawsuits in which the United States is a party, and lawsuits between citizens of different states where the amount in controversy exceeds $75,000, called diversity of citizenship jurisdiction. Diversity of citizenship jurisdiction leads to the interesting U.S. allowance of concurrent jurisdiction where two or more court systems have potential power over the same case.      Yoda Four-PO Theatres did business in Utah, and the accident occurred there. Thus, the state of Utah would have had jurisdiction over the defendant using the probable state long-arm statute. The firm was headquartered in Texas and had its principal place of business there, thus Dart could have chosen to sue in a Texas court since a Texas company and could be found and served with a complaint and summons in Texas. Because the amount in controversy exceeds $75,000 and the suit involves a plaintiff and defendant from different states, the suit could be brought in federal court on  the basis of diversity of citizenship. Even if Dart has the right to use the court in the state of her residence, there appears to be no basis upon which she could get in personam jurisdiction over Yoda Four-PO in California.      Dart can bring suit in the state courts of Utah and Texas, but not in California. She could also bring suit in either Utah or Texas federal district court, because that is the location of the incident.

Question 4

A ( n ) _ _ _ _ _ _ _ _ _ _ is the expressed opinion of the jury.

Accepted Answer

The answer of A ( n ) _ _ _...

Question 5

Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action she would need

Accepted Answer

A) in rem jurisdiction over Brian. 
B) in personam jurisdiction over Brian. 
C) precedent jurisdiction over Brian. 
D) concurrent jurisdiction over Brian. 
A) in rem jurisdiction over Brian. 
B) in personam jurisdiction over Brian. 
C) precedent jurisdiction over Brian. 
D) concurrent jurisdiction over Brian.

Question 6

Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?

Accepted Answer

A) The burden of proof required is preponderance of the evidence. 
B) The district attorney can make an accusation. 
C) The burden of proof required is beyond a reasonable doubt. 
D) A unanimous verdict is always required. 
A) The burden of proof required is preponderance of the evidence. 
B) The district attorney can make an accusation. 
C) The burden of proof required is beyond a reasonable doubt. 
D) A unanimous verdict is always required.

Question 7

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

Accepted Answer

A) jury voir dire . 
B) jury discovery. 
C) jury nullification 
D) the Farmoné rule. 
A) jury voir dire . 
B) jury discovery. 
C) jury nullification 
D) the Farmoné rule.

Question 8

The questioning of potential jurors before selection to a particular jury is called

Accepted Answer

A) certiorari . 
B) a deposition. 
C) interrogatories. 
D) voir dire . 
A) certiorari . 
B) a deposition. 
C) interrogatories. 
D) voir dire .

Question 9

Carla Breakneck has sued Herman Foosball. He is accused of failing to pay a debt he claims he does not owe. Herman is very concerned about the trial processes and his privacy.

Accepted Answer

A) Herman need not be concerned, as civil trials are closed to the press and the public. 
B) Herman should have only a slight concern for although the public can attend the trial the press cannot report trial court proceedings. 
C) If Herman asks for a judge trial, the public will not have access to the proceedings. 
D) Herman should hope the trial is not interesting, as both civil and criminal trail courts are open to the press and the public. 
A) Herman need not be concerned, as civil trials are closed to the press and the public. 
B) Herman should have only a slight concern for although the public can attend the trial the press cannot report trial court proceedings. 
C) If Herman asks for a judge trial, the public will not have access to the proceedings. 
D) Herman should hope the trial is not interesting, as both civil and criminal trail courts are open to the press and the public.

Question 10

The U.S. Constitution requires that juries in serious criminal cases in state courts be composed of 12 persons.

Accepted Answer

A) True 
 B)False

Question 11

Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister, the victim of the alleged crime, sues Fred in civil court to recover damages for civil conversion. The tort claim involves the same act for which Fred was found innocent in the criminal court. Which of the statements below is false ?

Accepted Answer

A) Although such suits may be brought, plaintiffs seldom do so because criminal defendants are often judgment proof. 
B) The civil court filing must be dismissed because of the constitutional right against double jeopardy. 
C) Fred could also be sued if he had been found guilty. 
D) The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial. 
A) Although such suits may be brought, plaintiffs seldom do so because criminal defendants are often judgment proof. 
B) The civil court filing must be dismissed because of the constitutional right against double jeopardy. 
C) Fred could also be sued if he had been found guilty. 
D) The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial.

Question 12

In small-claims court, legal documents are minimized and the rules of evidence relaxed.

Accepted Answer

A) True 
 B)False

Question 13

Concurrent jurisdiction occurs when both a federal court and a state court have the power to hear a case.

Accepted Answer

A) True 
 B)False

Question 14

If a defendant in a civil case ignores a complaint, the plaintiff may be entitled to a default judgment.

Accepted Answer

A) True 
 B)False

Question 15

In a civil suit, the plaintiff is not allowed to waive his or her right to a jury trial.

Accepted Answer

A) True 
 B)False

Question 16

The mere presence on the World Wide Web establishes the minimum contacts necessary to subject a corporation to personal jurisdiction on a worldwide basis.

Accepted Answer

A) True 
 B)False

Question 17

________________  and ________________ are the most common types of discov procedures.

Accepted Answer

Deposition

Question 18

Ruby is injured in a car accident while on vacation in Portland, Oregon. Bubba, the other driver, was at fault, and she sued him for $300,000 in damages, alleging negligence, a question of state law. Ruby is a citizen of North Carolina and Bubba is a citizen of Oregon, who has never been outside his state. In which court could Ruby sue?

Accepted Answer

A) Oregon state court 
B) Oregon federal court 
C) Both of the above 
D) Neither of the above. She must sue in North Carolina state court. 
A) Oregon state court 
B) Oregon federal court 
C) Both of the above 
D) Neither of the above. She must sue in North Carolina state court.

Question 19

Judges in courts of equity can apply equitable maxims-which are propositions or statements that provide a guide to a judge's exercise of his or her discretion.

Accepted Answer

A) True 
 B)False

Question 20

Based on the preceding paragraph, fill in the blanks below. (Use the appropriate letter only once.) 
 ​ 
 The case is a _____ case. A trial court has _____ jurisdiction over this case. Marya can sue in Sacramento County, because Marya can use a(n) _____ statute to get _____ jurisdiction and because Barney was driving in California when the accident occurred. Sacramento County rather than San Francisco County is the correct _____, because the accident occurred in Sacramento County. Marya could have chosen to sue in a federal court based on _____ , because the federal court has _____ jurisdiction in this case 
 ​ 
 Choices: 
 ​ 
 a. federal cause 
b. diversity of citizenship 
c. long arm 
d. procedural 
e. subject matter 
f. public 
 g. civil 
h. venue 
i. concurrent 
j. voir dire 
k. in rem 
l. res judicata 
 m. precedent 
n. equity 
o. criminal 
p. res ipsa loquitur 
q. presumption 
r. in personam 
 ​

Accepted Answer

The answer of Based on the preceding paragraph, fill in...

A judge in a civil case could overturn a verdict of a jury in response to a motion

Personal service of a summons on the defendant who is within the boundaries of the state where the court sits is the most common way to obtain _________________ jurisdiction.

A ( n ) _ _ _ _ _ _ _ _ _ _ is the expressed opinion of the jury.

Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action she would need

Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

The questioning of potential jurors before selection to a particular jury is called

Carla Breakneck has sued Herman Foosball. He is accused of failing to pay a debt he claims he does not owe. Herman is very concerned about the trial processes and his privacy.

The U.S. Constitution requires that juries in serious criminal cases in state courts be composed of 12 persons.

In small-claims court, legal documents are minimized and the rules of evidence relaxed.

Concurrent jurisdiction occurs when both a federal court and a state court have the power to hear a case.

If a defendant in a civil case ignores a complaint, the plaintiff may be entitled to a default judgment.

In a civil suit, the plaintiff is not allowed to waive his or her right to a jury trial.

The mere presence on the World Wide Web establishes the minimum contacts necessary to subject a corporation to personal jurisdiction on a worldwide basis.

and are the most common types of discov procedures.

Judges in courts of equity can apply equitable maxims-which are propositions or statements that provide a guide to a judge's exercise of his or her discretion.

Introduction to Law

The Constitution

Attorney-Client Relationship and Dispute Resolution

Administrative Law

Crimes: Public Wrongs

Torts: Private Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters

Exam 3: The Court System

A judge in a civil case could overturn a verdict of a jury in response to a motion

Personal service of a summons on the defendant who is within the boundaries of the state where the court sits is the most common way to obtain _________________ jurisdiction.

A ( n ) _ _ _ _ _ _ _ _ _ _ is the expressed opinion of the jury.

Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action she would need

Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

The questioning of potential jurors before selection to a particular jury is called

Carla Breakneck has sued Herman Foosball. He is accused of failing to pay a debt he claims he does not owe. Herman is very concerned about the trial processes and his privacy.

The U.S. Constitution requires that juries in serious criminal cases in state courts be composed of 12 persons.

In small-claims court, legal documents are minimized and the rules of evidence relaxed.

Concurrent jurisdiction occurs when both a federal court and a state court have the power to hear a case.

If a defendant in a civil case ignores a complaint, the plaintiff may be entitled to a default judgment.

In a civil suit, the plaintiff is not allowed to waive his or her right to a jury trial.

The mere presence on the World Wide Web establishes the minimum contacts necessary to subject a corporation to personal jurisdiction on a worldwide basis.

________________ and ________________ are the most common types of discov procedures.

Judges in courts of equity can apply equitable maxims-which are propositions or statements that provide a guide to a judge's exercise of his or her discretion.

Introduction to Law

The Constitution

Attorney-Client Relationship and Dispute Resolution

Administrative Law

Crimes: Public Wrongs

Torts: Private Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters

and are the most common types of discov procedures.