Deck 2: The Resolution of Private Disputes

Question 1

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

Answer 1

False

Question 2

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.

Answer 2

False

Question 3

Generally, forum selection clauses in form agreements are unenforceable.

Answer 3

False

Question 4

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

A) Jurisdiction
B) Prerogative
C) Venue
D) Assignment

Question 5

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

A) in rem
B) In personam
C) sui iuris
D) subject-matter

Question 6

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

Question 7

A "long-arm" statute allows:

A) criminal courts jurisdiction over civil cases.
B) state courts more power than federal ones.
C) courts jurisdiction over out-of-state defendants.
D) appellate courts to hear new cases.

Question 8

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

Question 9

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

Question 10

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

Question 11

Often, federal district courts have concurrent jurisdiction with state courts.

Question 12

Normally, a motion for summary judgment requires that a court decide both questions of fact and questions of law.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

A) No, Ted's posting alone is not enough to create sufficient "minimum contacts."
B) Yes, Ted's posting creates sufficient "minimum contacts."
C) Yes, by creating a Web site that is accessible in California, Calvin has sufficient minimum contacts with that state.
D) Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.

Question 17

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

Question 18

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

Question 19

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.

Question 20

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:

A) BWC could not meet its burden of establishing sufficient minimum contacts.
B) BWC did not have subject-matter jurisdiction.
C) BWC neither had subject-matter jurisdiction nor in personam jurisdiction.
D) publishing of those statements did not amount to defamation and thus no injury was caused to BWC's business.

Question 21

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

A) venue
B) original jurisdiction
C) limited jurisdiction
D) standing

Question 22

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

A) it is a criminal case.
B) it is a civil case.
C) the plaintiff asserts so.
D) the defendant belongs to that state.

Question 23

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

A) concurrent jurisdiction.
B) original jurisdiction.
C) exclusive jurisdiction.
D) certiorari jurisdiction.

Question 24

A(n) _____ must state the remedy requested in the case.

A) summons
B) interrogatory
C) affirmative defense
D) complaint

Question 25

For federal "diversity" jurisdiction to exist:

A) the case must begin in a federal court of appeals.
B) the amount in controversy must exceed $75,000.
C) both the plaintiff and the defendant must be citizens of the same state.
D) the case must pertain to the Constitution, laws, or treaties of the United States.

Question 26

Which of the following notifies the defendant that he, she, or it is being sued?

A) Summons
B) Complaints
C) Pleadings
D) Interrogatories

Question 27

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:

A) long-arm jurisdiction.
B) inpersonam jurisdiction.
C) venue.
D) standing.

Question 28

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:

A) in rem jurisdiction.
B) inpersonam jurisdiction.
C) quasi in rem jurisdiction.
D) venue.

Question 29

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?

A) Confession of judgment clause
B) Forum selection clause
C) Choice of law clause
D) Substantive clause

Question 30

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

A) deposition.
B) demurrer.
C) interrogatory.
D) directed verdict.

Question 31

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:

A) unenforceable because it was not the result of bargaining.
B) unenforceable against a subscriber in another state.
C) enforceable if the subscriber does not file a motion to dismiss.
D) enforceable if it is considered reasonable by a court.

Question 32

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.

A) appellate
B) certiorari
C) original
D) exclusive

Question 33

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

A) is a new claim by the plaintiff.
B) does not permit a defendant to claim for damages caused by a fraud.
C) is merely an attack on the plaintiff's claims.
D) attempts legal relief for the defendant.

Question 34

Under the doctrine of federal jurisdiction, a corporation is:

A) a citizen of only the place where it has been incorporated.
B) a citizen of only the state where it has its principal place of business.
C) a citizen of both its place of incorporation and the state where it has its principal place of business.
D) a citizen of that state which has enacted a "long-arm" statute and thus has jurisdiction.

Question 35

Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the:

A) motion to dismiss.
B) motion for summary judgment.
C) motion for judgment not withstanding the verdict.
D) motion for a directed verdict.

Question 36

In which of the following cases will the U.S. Supreme Court have original, but not exclusive, jurisdiction?

A) When the validity of any treaty has been questioned.
B) When the validity of a federal statute has been questioned.
C) When there is a controversy between two or more states.
D) When a state proceeds against citizens of another state.

Question 37

Which of the following may contain an affirmative defense?

A) Summons
B) Interrogatory
C) Complaint
D) Answer

Question 38

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

A) summons
B) pleadings
C) appeals
D) clauses

Question 39

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?

A) Choice of law clause
B) Forum selection clause
C) Substantive clause
D) Minimum contacts clause

Question 40

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

A) Original
B) Federal question
C) Diversity
D) Exclusive

Question 41

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) Demurrer
B) Class action
C) Directed verdict
D) Affirmative defense

Question 42

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

A) mensrea.
B) non obstante veredicto.
C) demurrer.
D) habeas corpus.

Question 43

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

Question 44

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.

A) motion to dismiss
B) motion for a new trial
C) motion for summary judgment
D) motion for a directed verdict

Question 45

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

A) Minitrial
B) Summary judgment
C) Directed verdict
D) Peremptory challenges

Question 46

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?

A) Class action
B) Garnishment
C) Non obstante veredicto
D) Settlement

Question 47

Which of the following characterizes discovery?

A) It begins before the pleadings are completed.
B) Information may be subject to discovery only if it is ultimately be admissible at trial under the legal rules of evidence.
C) It is an efficient and time-saving remedy for litigants.
D) Interrogatories are a commonly utilized form of discovery.

Question 48

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called:

A) conciliation.
B) mediation.
C) minitrial.
D) arbitration.

Question 49

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

Question 50

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?

Question 51

Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas. Ned has never been to Texas in his life, has never had any contacts of any kind with the state, and refuses to appear in Texas to defend against Greg's suit. Later, after Greg wins a default judgment against Ned, Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas, hence Texas courts had no jurisdiction over him, and for this reason they could not affect his rights to the land. Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

Question 52

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?

A) Mediation
B) Long-arm jurisdiction
C) Writ of execution
D) In rem jurisdiction

Question 53

What are depositions?

A) Written questions directed to a party, answered in writing, and signed under oath.
B) Documentary evidence introduced at a trial.
C) Oral examinations of a party by the opposing party's attorney.
D) Written statements made during arbitration.

Question 54

Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely:

A) will be considered valid by federal courts.
B) will be considered unenforceable by all courts.
C) will result in employees having to mediate their employment-related claims against Dillon's.
D) will require an employee to mediate employment-related disputes.

Question 55

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.

A) demurrer
B) directed verdict
C) pretrial conference
D) minitrial

Question 56

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

A) a neutral third party is called in to mediate.
B) courts decide on certain types of criminal lawsuits.
C) the losing party has the right to a regular trial.
D) civil lawsuits are sent to the Supreme Court for a hearing.

Question 57

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

Question 58

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.

A) demurrer
B) counterclaim
C) discovery
D) affirmative defense

Question 59

Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule?

A) A request for written questions directed at the opponent.
B) Requests for admission directed at the opponent.
C) A request for a physical or mental examination of the opponent.
D) Requests for the production of documents in civil cases.

Question 60

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?

A) Discovery
B) Voir dire
C) Jury trial
D) Summary judgment