Question 1

A defendant who participates in a case with inadequate service of process will be deemed to have waived the objection if it is not made promptly.

Accepted Answer

A) True 
 B)False

Question 2

Greg sues Ned in an effort to obtain title to some land claimed by Ned and located inside the state of Texas.Ned has never been to Texas in his life,has never had any contacts of any kind with the state,and refuses to appear in Texas to defend against Greg's suit.Later,after Greg wins a default judgment against Ned,Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas,hence Texas courts had no jurisdiction over him,and for this reason they could not affect his rights to the land.Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

Accepted Answer

Ned is wrong.Although the utter absence

Question 3

Minor criminal cases and civil disputes are decided in the appellate courts.

Accepted Answer

A) True 
 B)False

Question 4

A method of alternative dispute resolution in which a neutral third party helps the parties reach a cooperative resolution of their dispute by facilitating communication between them,clarifying their areas of agreement and disagreement,helping see each other's viewpoints,and suggesting settlement options,but who cannot make decisions that bind the parties,is called:

Accepted Answer

A) conciliation. 
B) mediation. 
C) minitrial. 
D) arbitration. 
A) conciliation. 
B) mediation. 
C) minitrial. 
D) arbitration.

Question 5

In which of the following cases will the U.S.Supreme Court have original,but not exclusive,jurisdiction?

Accepted Answer

A) When the validity of any treaty has been questioned. 
B) When the validity of a federal statute has been questioned. 
C) When there is a controversy between two or more states. 
D) When a state proceeds against citizens of another state. 
A) When the validity of any treaty has been questioned. 
B) When the validity of a federal statute has been questioned. 
C) When there is a controversy between two or more states. 
D) When a state proceeds against citizens of another state.

Question 6

The defendant must wait until after the pleadings have been completed before making a motion to dismiss.

Accepted Answer

A) True 
 B)False

Question 7

Patent cases being litigated in the federal system are an example of:

Accepted Answer

A) concurrent jurisdiction. 
B) original jurisdiction. 
C) exclusive jurisdiction. 
D) certiorari jurisdiction. 
A) concurrent jurisdiction. 
B) original jurisdiction. 
C) exclusive jurisdiction. 
D) certiorari jurisdiction.

Question 8

Dillon's,a discount retailer with over 500 employees,includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration.This clause most likely:

Accepted Answer

A) will be considered valid by federal courts. 
B) will be considered unenforceable by all courts. 
C) will result in employees having to mediate their employment-related claims against Dillon's. 
D) will require an employee to mediate employment-related disputes. 
A) will be considered valid by federal courts. 
B) will be considered unenforceable by all courts. 
C) will result in employees having to mediate their employment-related claims against Dillon's. 
D) will require an employee to mediate employment-related disputes.

Question 9

Bob is a merchant in New York and Betty is a merchant in California.Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction,he might have to travel to California and hire a California lawyer to litigate the dispute.What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues,it will take place in New York?

Accepted Answer

A) Confession of judgment clause 
B) Forum selection clause 
C) Choice of law clause 
D) Substantive clause 
A) Confession of judgment clause 
B) Forum selection clause 
C) Choice of law clause 
D) Substantive clause

Question 10

Defending against a federal district court suit by Paul,Dan claims that Paul has sued him in the wrong federal district court.Dan has raised a question of:

Accepted Answer

A) long-arm jurisdiction. 
B) in personam jurisdiction. 
C) venue. 
D) standing. 
A) long-arm jurisdiction. 
B) in personam jurisdiction. 
C) venue. 
D) standing.

Question 11

Normally,a motion for summary judgment requires that a court decide whether there are genuine questions of material fact and questions of law.

Accepted Answer

A) True 
 B)False

Question 12

________ are one party's written demand that the other party admit or deny,in writing,certain statements of supposed fact or of the application of law to fact.

Accepted Answer

A) Demurrers 
B) Interrogatories 
C) Requests for admissions 
D) Depositions 
A) Demurrers 
B) Interrogatories 
C) Requests for admissions 
D) Depositions

Question 13

The case in the text Hertz Corp.v.Friend,is an example of when a defendant can have a case removed from state court to federal court based on what kind of jurisdiction?

Accepted Answer

A) Exclusive jurisdiction 
B) General jurisdiction 
C) Specific jurisdiction 
D) Concurrent jurisdiction 
A) Exclusive jurisdiction 
B) General jurisdiction 
C) Specific jurisdiction 
D) Concurrent jurisdiction

Question 14

What was the Court's holding in the case in the text Tyson Foods,Inc.v.Bouaphakeo?

Accepted Answer

A) The granting of class certification was improper because the class members waited too long to bring their complaint. 
B) The granting of class certification was improper because the class members did not perform similar work and their complaints did not arise out of the same matter. 
C) The granting of class certification was proper because the class members worked for the defendant for a similar period of time and all were refused overtime. 
D) The granting of class certification was proper because the class members worked in the same facility,did similar work,and were paid under the same policy. 
A) The granting of class certification was improper because the class members waited too long to bring their complaint. 
B) The granting of class certification was improper because the class members did not perform similar work and their complaints did not arise out of the same matter. 
C) The granting of class certification was proper because the class members worked for the defendant for a similar period of time and all were refused overtime. 
D) The granting of class certification was proper because the class members worked in the same facility,did similar work,and were paid under the same policy.

Question 15

In a case where concurrent jurisdiction exists,a state court may decide a case involving federal questions if:

Accepted Answer

A) it is a criminal case. 
B) it is a civil case. 
C) the plaintiff opts for a state court. 
D) the defendant belongs to that state. 
A) it is a criminal case. 
B) it is a civil case. 
C) the plaintiff opts for a state court. 
D) the defendant belongs to that state.

Question 16

Abby gets a state court civil judgment against Casey,but Casey does not pay.Which of the following is one of the tools available to Abby to enforce the judgment against Casey?

Accepted Answer

A) Mediation 
B) Long-arm jurisdiction 
C) Writ of execution 
D) In rem jurisdiction 
A) Mediation 
B) Long-arm jurisdiction 
C) Writ of execution 
D) In rem jurisdiction

Question 17

Which of the following is not considered when a court determines if it has in personam jurisdiction over the defendant?

Accepted Answer

A) Residence 
B) Location 
C) Property 
D) Activities 
A) Residence 
B) Location 
C) Property 
D) Activities

Question 18

Which of the following is not an example of a specialized federal court?

Accepted Answer

A) Bankruptcy court 
B) District court 
C) Court of federal claims 
D) Tax court 
A) Bankruptcy court 
B) District court 
C) Court of federal claims 
D) Tax court

Question 19

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Accepted Answer

A) True 
 B)False

Question 20

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.What is such a provision called?

Accepted Answer

A) Choice of law clause 
B) Forum selection clause 
C) Substantive clause 
D) Minimum contacts clause 
A) Choice of law clause 
B) Forum selection clause 
C) Substantive clause 
D) Minimum contacts clause

Exam 2: The Resolution of Private Disputes

A defendant who participates in a case with inadequate service of process will be deemed to have waived the objection if it is not made promptly.

Minor criminal cases and civil disputes are decided in the appellate courts.

In which of the following cases will the U.S.Supreme Court have original,but not exclusive,jurisdiction?

The defendant must wait until after the pleadings have been completed before making a motion to dismiss.

Patent cases being litigated in the federal system are an example of:

Dillon's,a discount retailer with over 500 employees,includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration.This clause most likely:

Defending against a federal district court suit by Paul,Dan claims that Paul has sued him in the wrong federal district court.Dan has raised a question of:

Normally,a motion for summary judgment requires that a court decide whether there are genuine questions of material fact and questions of law.

________ are one party's written demand that the other party admit or deny,in writing,certain statements of supposed fact or of the application of law to fact.

The case in the text Hertz Corp.v.Friend,is an example of when a defendant can have a case removed from state court to federal court based on what kind of jurisdiction?

What was the Court's holding in the case in the text Tyson Foods,Inc.v.Bouaphakeo?

In a case where concurrent jurisdiction exists,a state court may decide a case involving federal questions if:

Abby gets a state court civil judgment against Casey,but Casey does not pay.Which of the following is one of the tools available to Abby to enforce the judgment against Casey?

Which of the following is not considered when a court determines if it has in personam jurisdiction over the defendant?

Which of the following is not an example of a specialized federal court?

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.What is such a provision called?

The Nature of Law

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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