Exam 2: The Resolution of Private Disputes

For federal "diversity" jurisdiction to exist:

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

The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.

In the form of alternative dispute resolution (ADR)called court-annexed arbitration:

Infobox Online,an Internet services provider,includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online.This clause will most likely be:

The American legal system gives considerable power to the jury;however,it also has devices for limiting that power.The _____ provides a judgment to one party before the jury gets a chance to decide the case.

Today,most appealable decisions from the lower courts fall within the Supreme Court's _____ jurisdiction,under which the Court has discretion whether to hear the appeal.

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?

What are the consequences of document alteration or destruction that interferes with legitimate discovery requests?

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 litigation 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?

What are depositions?

The assertion of specific in personam jurisdiction satisfies federal or state due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

As in a criminal case,a defendant in a civil case may not be compelled by the plaintiff to testify.

What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.

Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

In general,a court has venue if it is territorially fair and convenient for both parties to litigate the case in that court.

What is a court's power to hear a case and to issue a decision binding on the parties called?

A counterclaim differs from an affirmative defense in that,a counterclaim:

Calvin,a resident of South Park,Colorado,creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories.Ted,a resident of Northridge,California,posts a story on the website.Stu,another California resident from San Diego,files a lawsuit against Calvin in a federal district court in California,claiming that Calvin had defamed him on his website.Based on these facts,does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?