Exam 2: The Resolution of Private Disputes

The plaintiff can sue the defendant in whatever court,and in whatever locale that the plaintiff wishes.

The _____ are the documents that the parties file with the court when they first state their respective claims and defenses.

Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party?

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

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

Jurisdiction based on the presence of property within the state is called _____ jurisdiction.

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute,and also that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?

A party may win a judgment even after the jury has reached a verdict against it through the procedure of:

For a state trial court to have the power to decide a civil case,it must have in personam jurisdiction or in rem jurisdiction.

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

Brennan sues Melissa for breach of contract.In her reply,Melissa claims,among other things,that she should not be liable as she only entered the contract because Brennan defrauded her.This assertion is called an affirmative defense.

Harvey is planning to file a case against a petrochemical giant which has a plant in his town.The petrochemical plant is dumping toxic wastes into its surrounding areas.Harvey is mobilizing the residents of the town,all of whom have suffered from various health problems due to the activities of the plant.Which of the following would be of most help to Harvey and the other residents?

A "long-arm" statute allows:

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:

Dee sues Gerry for defamation.Dee thinks that the facts clearly are not as stated in Gerry's complaint and that,given Dee's version of the facts,Gerry cannot recover for defamation.What motion gives Gerry the best chance of winning the case early? What does it involve?

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

The doctrine of certiorari jurisdiction makes it mandatory for the U.S.Supreme Court to hear appeals from federal and state courts.

At a _____,the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate,or agree to,a resolution of certain issues in order to simplify the trial.

Jack,a resident of Texas,sued Jill,a resident of Kentucky,alleging breach of contract.Jack may attach Jill's bank account in Kentucky to recover the amount of the judgment from the account,if his suit is successful.This is an example of:

The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.