Exam 2: The Resolution of Private Disputes

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

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

In general, a court has _____ if it is a territorially fair and convenient forum in which to hear the case.

_____ jurisdiction exists when the case arises under the Constitution, laws, or treaties of the United States.

Does the Federal Arbitration Act (FAA) override a state law vesting initial decision making authority to a court or administrative agency?

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

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

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 losing party usually can appeal a trial court's decision to grant a motion for a directed verdict against that party.

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?

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 or law. What legal procedure would allow Malcolm to win this case as quickly as possible?

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

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?

For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $500,000.

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

Bubble Wrap Co. (BWC), an Atlanta corporation, has its principal place of business in New York. John, a resident of Florida, asserted on his Web site that BWC is engaged in ongoing criminal activity, scams, and phishing. BWC sued John in the U.S. District Court for the District of New York, alleging defamation and injury to BWC's business in New York. John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed. The court granted the defendant's motion and dismissed the case because:

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.

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.

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?

The judgment winner can seek to enforce the judgment by obtaining a writ of execution or by garnishment.