Deck 3: Sources of Law, Courts, and Dispute Resolution.

Question 1

One of the major criticisms of mediation is the lack of procedural protections,especially for the person who may appear to have less power and resources.

Answer 1

True

Question 2

Negotiating business contracts with an out-of-state individual via smart phone texting is insufficient to provide a court with personal jurisdiction over that individual.

Answer 2

False

Question 3

There is no minimum monetary requirement for lawsuits involving a federal question.

Answer 3

True

Question 4

Cases before federal courts of appeal are usually presented before a panel of nine judges.

Question 5

Jury challenges for cause are called pretrial challenges.

Question 6

In cases involving transactions via the internet,the courts have adopted a 'sliding scale' to determine whether they can exercise personal jurisdiction.

Question 7

A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for the Federal Circuit.

Question 8

The process of questioning the witnesses in a trial is called voir dire.

Question 9

Any corporate employee can communicate with corporate counsel and be protected by the attorney-client privilege.

Question 10

A case involving a federal question may be brought in state court,but the defendant has the right to remove the case to federal court.

Question 11

Court opinions are published in collections of court opinions called reporters.

Question 12

Both the U.S.Congress and state legislatures may adopt statutes.

Question 13

Federal diversity jurisdiction requires that litigants be residing in at least three different states.

Question 14

A court has __________ when it has jurisdiction over the location of property at issue in a lawsuit.

Question 15

A judge is always compelled to follow Restatements of law in making a decision.

Question 16

A cite such as 2004 WL 1208516 may be found on Westlaw.

Question 17

A federal court of appeals in one circuit must follow an earlier decision on an issue made by a federal court of appeals in another circuit.

Question 18

The Supreme Court has consistently ruled that Congressional intent disfavors arbitration agreements.

Question 19

Federal judges are appointed for ten year renewable terms.

Question 20

The federal court system has thirteen courts of appeal.

Question 21

The silicone breast implant case against Dow Corning,as well as the cases involving smoking and securities fraud,are examples of class action lawsuits.

Question 22

The defendant may put forth a(n)__________ which admits the defendant acted in a certain way but claims that the defendant's conduct was not the __________ of harm to the plaintiff,or that that defendant's conduct was __________.

A) affirmative defense, legal cause, excused
B) motion for summary judgment, legal cause, excused
C) counterclaim, legal cause, excused
D) affirmative defense, proximate cause, preempted

Question 23

The two coexisting federal and state judicial systems are a result of the system of __________ created by the U.S.Constitution,giving them different __________ jurisdiction.

A) standing, subject matter
B) diversity, in personam
C) duality, in rem
D) federalism, subject matter

Question 24

For purposes of diversity jurisdiction in federal court,which of the following is true regarding a person's citizenship?

A) A person is a citizen of the state where that person has his or her legal residence or domicile, and there is no limit to the number of states in which a person may be a citizen so long as the person has a house in every state in which citizenship is claimed.
B) A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may be a citizen of only one state.
C) A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may be a citizen in a maximum of two states.
D) A person is considered a citizen of the state in which a lawsuit is brought because the person automatically becomes subject to that state's laws.

Question 25

A lawsuit may be resolved before trial by the judge granting a(n):

A) judgment notwithstanding the verdict.
B) interlocutory judgment.
C) motion to dismiss.
D) request for production of documents.

Question 26

If the defendant does not file an answer within the time required,a(n)__________ may be entered in favor of the plaintiff.

A) default judgment
B) answer pro se
C) concession judgment
D) coercive judgment

Question 27

The __________ control the civil trial practices in all of the U.S.district courts.

A) Federal Rules of Civil Procedure
B) Universal Rules of Civil Procedure
C) National Rules of Civil Court Conduct
D) Common Rules of Civil Procedure

Question 28

Prior to filing a lawsuit the plaintiff must have standing to sue,which means all of the following,EXCEPT:

A) Plaintiff has the resources to pay his legal and court costs.
B) Plaintiff is the proper party to file the suit
C) Plaintiff has a personal interest in the outcome of the suit.
D) Plaintiff will benefit from a favorable ruling.

Question 29

Assuming that more than one forum has jurisdiction over a lawsuit,the doctrine of __________ involves a determination of which forum is more appropriate.

A) jurisdiction non conveniens
B) convenient state proceeding
C) forum non conveniens
D) subject matter jurisdiction

Question 30

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is whether the:

A) defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.
B) out-of-state defendant has ever visited the state.
C) out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts.
D) out-of-state defendant has ever lived in the state.

Question 31

An interrogatory would be a tool by attorneys in the discovery process.

Question 32

The __________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

A) subpoena
B) summons
C) complaint
D) suggestion

Question 33

___________ rules prescribe which law a state court should apply in a multi-state litigation.

A) Conflict-of-dispute
B) Conflict-of-law
C) Litigant
D) Forum-shopping

Question 34

In 2002 the European Union adopted the __________ to standardize the rules for determining where suits involving e-commerce may be brought.

A) Brussels Conventions
B) European E-commerce Rules
C) European Commerce Standards
D) French Conventions

Question 35

A judge will grant a motion to dismiss the complaint on any of the following grounds,EXCEPT:

A) the plaintiff has failed to state a claim on which relief can be granted.
B) the court lacks jurisdiction over the subject matter or the parties involved.
C) the plaintiff has failed to offer the defendant an offer of settlement.
D) the plaintiff has failed to properly serve the complaint on the defendant.

Question 36

The doctrine of stare decisis means:

A) to abide by decided cases.
B) let the courts decide.
C) let the superior argument prevail.
D) to decide the case on its merits.

Question 37

The party appealing a case is generally referred to as the:

A) plaintiff.
B) respondent.
C) appellee.
D) appellant.

Question 38

The __________ is used when judges decide a case where there are no constitutional,statutory,or regulatory holdings to resolve the dispute.

A) English law
B) Civil law
C) Common law
D) Disputed law

Question 39

When the U.S.Supreme Court decides to hear a case,it issues a __________ ordering the lower court to certify the record of proceedings below and send it to the Supreme Court.

A) commandment
B) writ of order
C) writ of certiorari
D) writ of expo facto

Question 40

___________ are issued by administrative agencies to interpret and implement statutes enacted by a legislature.

A) Regulations
B) Interpretations
C) Reviews
D) Acknowledgements

Question 41

When filing a new lawsuit,the person (or company)is called the __________ and the documentation is called the __________.

A) plaintiff, summons
B) plaintiff, complaint
C) respondent, service of process
D) defendant, prayer

Question 42

Under the __________ doctrine,the outcome of a diversity case in federal court will be similar to the outcome in a state court because the same substantive law will govern either adjudication.

A) Erie
B) common law
C) venue
D) substantial activity

Question 43

__________ which notifies the __________ of the filing of a lawsuit,has traditionally been accomplished by mail or by personally handing a complaint to the receiving party.

A) Service of process, defendant
B) Service of process, plaintiff
C) In personam jurisdiction, plaintiff
D) Choice of forum, defendant

Question 44

Most states have __________ statutes,which can subject an out-of-state defendant to jurisdiction within the state.

A) in personam
B) in rem
C) long-arm
D) diversity

Question 45

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
For federal diversity purposes,a corporation is deemed a citizen of:

A) the state of incorporation.
B) the state of its principal place of business.
C) either the state of incorporation or the state of its principal place of business, but not both.
D) both the state of incorporation and the state of its principal place of business.

Question 46

Federal diversity jurisdiction exists when:

A) a lawsuit is between citizens of different states.
B) the amount in controversy, exclusive of interest and all costs, exceeds $75,000.
C) either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000.
D) a lawsuit is between citizens of different states, and that the amount in controversy, exclusive of interest and all costs, exceeds $75,000.

Question 47

When a case is dismissed __________,the __________ is precluded from asserting the __________ in another case.

A) without prejudice, plaintiff, same claim
B) with prejudice, plaintiff, same claim
C) without prejudice, defendant, same claim
D) with prejudice, defendant, same claim

Question 48

The case discussed in the text,Upjohn Co.v.United States,involved an attorney-client privilege in the corporate setting.The U.S.Supreme Court crafted the __________ test to determine whether the privilege applied.

A) Confidential Memo
B) Corporate Confidentiality
C) Corporate Counsel
D) Subject Matter

Question 49

The __________ is a term referencing the method used for determining the citizenship of a corporation for purposes of diversity of citizenship.

A) locality determination
B) nerve-center test
C) prime location test
D) conflict determination

Question 50

CASE 3.1,Wal-Mart Stores,Inc.v.Dukes (2011),involved a question of whether:

A) Wal-Mart should be properly sued in federal vs.state court.
B) there was sufficient commonality among Wal-Mart employees to certify the group as a class.
C) one Wal-Mart employee could represent over one million other employees.
D) the employees had waived their rights to arbitration under the Federal Arbitration Act.

Question 51

CASE 3.2,American Express Co.v.Italian Colors Restaurant(2013)before the U.S.Supreme Court,involved a question of whether __________ under the __________ Act.

A) plaintiffs waived class arbitration, Federal Mediation
B) mandatory arbitration, Federal Arbitration
C) employee arbitration, State Arbitration
D) civil rights discrimination, National Right to Work

Question 52

A __________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor.

A) directed verdict
B) summary judgment
C) judgment n.o.v.
D) judgment on the pleadings

Question 53

Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer.
Refer to Fact Pattern 3-2.What would you tell Sally regarding whether she should choose mediation or arbitration?

A) That mediation and arbitration are essentially the same thing.
B) That a mediator would actually decide the case whereas an arbitrator would not.
C) That an arbitrator would actually decide the case whereas a mediator would not.
D) That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not.

Question 54

__________ is the voluntary give-and-take parties engage in when coming to terms with each other.

A) Litigation
B) Arbitration
C) Mediation
D) Negotiation

Question 55

A "spoliation inference" means that documents not properly introduced into court are damaging to the party who could not produce them.

Question 56

Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer.
Refer to Fact Pattern 3-2.What would you tell Sally regarding her request that you go with her,as her friend,to see her lawyer?

A) That you would be glad to do so because you want to provide emotional support.
B) That you should not go because your presence would destroy the attorney-client privilege.
C) That you should not go because your presence would destroy the work-product privilege.
D) That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege.

Question 57

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
Refer to Fact Pattern 3-1.Which of the following is the most likely result in regard to Bruce's claim that the lawsuit could only be appropriately filed in a state court?

A) The court would likely rule that federal court jurisdiction failed to exist because the parties were not all residents of the same state.
B) The court would likely rule that federal court jurisdiction failed to exist because the amount in controversy was excessive..
C) The court would likely rule that federal court jurisdiction existed based on the presence of a consumer complaint.
D) The court would likely rule that federal court jurisdiction existed based on diversity of citizenship.

Question 58

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
Refer to Fact Pattern 3-1.Which of the following is the most likely result in regard to Bruce's claim that he was not subject to jurisdiction in a court located in Virginia?

A) Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there.
B) Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities.
C) Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state.
D) Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

Question 59

A motion for summary judgment will be granted where there is no __________ issue of __________.

A) disputed, material fact
B) legal, questionable fact
C) material, fact
D) factual, legal fact

Question 60

The common law doctrine of __________ means to "abide by decided cases."

A) subject matter jurisdiction
B) stare decisis
C) choice-of-law
D) standing

Question 61

Under what circumstances should a judge grant a motion for summary judgment?

Question 62

Federal courts are generally referred to as courts of limited jurisdiction.Over what three types of cases do federal district courts have jurisdiction?

Question 63

Set forth the circumstances when courts in the United States will honor a choice-of-forum clause.

Question 64

Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.

Question 65

Robert had a dispute with his neighbor regarding the location of the property line.Robert's attorney suggests to Robert that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict.Which of the following is the appropriate term for that type of procedure?

A) Summary jury trial
B) Nonbinding jury trial
C) Private jury trial
D) Procedural jury trial