Exam 3: The US Legal System

A person who has the legal right to bring an action in court has standing.

If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a "concurring" opinion.

What are the trial courts in the federal court system called?

Yolanda found a better job and quit Robert's employment. Yolanda, however, wants to sue Robert because she believes that he may have terminated her employment in the future based on age discrimination. At this point, which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked?

"Puppy Woes." Sam promised to sell Linda a Welsh Corgi puppy for $700 but backed out of the deal. Linda sued Sam in state court for breach of contract and asked for a jury to hear the case. During jury selection, one juror, Ann, said that she did not think she could be fair to Linda because Linda did not appear to be a dog lover. Linda's lawyer asked that Ann not hear the case on the basis that she could not be fair, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so, without a reason given, Linda's lawyer asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda's lawyer made a statement to the jury as did Sam's lawyer. Linda's lawyer then called to the witness stand Brenda, a friend of Linda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda's lawyer that she heard Linda say that she would pay $700 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam's lawyer that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. -In choosing the jury, the lawyers were engaged in ______.

Marilyn, a resident of Ohio, suffered personal injury while operating her tractor in Ohio. She filed suit in state court against the manufacturer, Company A, incorporated in Delaware with its principal place of business in Illinois, and also against the seller, Company B, incorporated in Ohio with its principal place of business in Ohio. Marilyn and Company B informally agreed to settle out of court, but the agreement was subject to the agreement of Company B's insurer. Before a final agreement was reached in regard to settlement with Company B, Company A filed a motion in state court to remove the case to federal court. Although Marilyn opposed removal, the state court granted Company A's motion. After the case was removed to federal court, Marilyn and Company B finalized their settlement agreement and Company B was dismissed from the lawsuit. The federal district court proceeded to hear the case and ruled in favor of Company A. Marilyn appealed on the basis that because diversity between the parties was lacking, the federal district court had no jurisdiction over the case. She claims that the case should be remanded to state court for a new trial. What should the appellate court rule regarding whether the state trial court properly granted the petition for removal and what will be the likely outcome on appeal? Following the Caterpillar case discussed in the text, the appellate court will likely rule that the state court should not have granted Company A's initial motion to remove the case because the settlement was not complete, Company B was still in the case, and there was no diversity of citizenship. The ruling in favor of Company A, however, should be upheld because the settlement agreement was later approved, Company B was dismissed, and the case satisfied jurisdictional requirements by the time the federal district court issued its decision. Requiring the federal district court to send the case back to the state system would be an undue waste of judicial resources.

Which of the following are written questions that one party sends to another to answer under oath?

Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to the trial for $1,000. The lawsuit is now ______.

"Appellate Court." Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue on behalf of all those employees. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. -Regardless of what court is involved, can Jim act as plaintiff for the employees?

Doctor Sally was sued for malpractice based on allegedly removing the wrong body part. Following discovery, it becomes clear that the plaintiff has no credible evidence against Doctor Sally and that no reasonable jury could rule in the plaintiff's favor. How should Sally's lawyer proceed?

The court may grant a ______ if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party.

In rem jurisdiction references jurisdiction over a person.

In most civil cases, a plaintiff must prove her case beyond a reasonable doubt.

Which of the following is typically an appropriate venue in a lawsuit?

Which of the following is true regarding state and federal court jurisdiction?

Usually the issue of ripeness arises when one party claims that a case is moot.

The court may grant a ______ if after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial.

Which of the following is true regarding tools of discovery?

Mike, a resident of Georgia, sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A strikes his pick-up truck in the rear. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in Georgia. Company A seeks removal to federal district court, but Mike opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court?

A defendant uses a[n] ______ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.