Question 1

The case-or-controversy requirement generally precludes courts from rendering advisory opinions.

Accepted Answer

A) True 
 B)False  True

Question 2

Once the statute of limitations begins to run, it keeps running until it ends.

Accepted Answer

A) True 
 B)False  False

Question 3

A case that is not ripe is nonjusticiable.

Accepted Answer

A) True 
 B)False  True

Question 4

What legal doctrine(s) does a court use to determine whether a case is justiciable?

Accepted Answer

A)   Ripeness
B)   Standing
C)   Res judicata
D)   All of the above are correct.

Question 5

On June 10, 1993, Fireman Bob ran into Ruby's burning house and found her lying in a hallway, overcome by smoke.He picked her up and carried her out to safety.Unfortunately, in his haste Bob was not careful.Ruby's ankle struck a doorway and was broken in several places.This required extensive surgery, so that Ruby was in the hospital for several weeks.On July 1, 1993, Fireman Bob went to visit her in the hospital.While he was talking to her, he accidentally bumped the intravenous needle in her hand, causing her hand to bleed.Infection subsequently developed.The statute of limitations for acts of negligence is two years.On June 18, 1995, Ruby filed suit against both the city fire department, for injury to her ankle, and Fireman Bob, for injury to her ankle and for causing the infection in her hand.Which of the following statements is false?

Accepted Answer

A)   The sovereign immunity defense would likely relieve the city of liability for Ruby's broken ankle as the provision of fire protection is governmental in nature.
B)   Unless there is some sort of savings clause, Ruby's suit against the city for her broken ankle is barred because the statute of limitations has already run.
C)   The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Fireman Bob for her broken ankle.
D)   The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Fireman Bob for causing the infection in her hand.

Question 6

The U.S.Courts of Appeals are the only federal courts that can render advisory opinions.

Accepted Answer

A) True 
 B)False

Question 7

A brought suit against B in state court, saying that B had stolen an idea on which she had a patent.The court dismissed the case for lack of jurisdiction over patent law actions.One year later, before the statute of limitations had run out, A again brought suit, but in federal court.Which of the following is a true statement?

Accepted Answer

A)   The suit should be dismissed on the basis of the principle of res judicata.
B)   The question is moot, so the federal court will refuse to hear it.
C)   The federal court can hear the case only if the state court was in error.
D)   The case is ripe for the federal court to hear.

Question 8

The plaintiff brought a small claims action against the defendant for failing to maintain his premises in a safe condition and won a money judgment in the amount of $163.95.Five months later, the plaintiff brought a second lawsuit against the same defendant in district court alleging the same set of circumstances, but seeking more money.The defendant should make a motion to dismiss on what grounds?

Accepted Answer

A)   The doctrine of bar and merger (res judicata)  prohibits relitigation of the same cause of action between the same parties when a final judgment on the matter has been entered.
B)   It should be dismissed because of double jeopardy under the Constitution.
C)   The statute of limitations expired when the first judgment was entered.
D)   The plaintiff lacks standing under the harmless error doctrine.

Question 9

The res judicata doctrine would preclude the same case against the same defendant on the same claim.

Accepted Answer

A) True 
 B)False

Question 10

Former Iranian hostages and two of their wives filed suit against the United States seeking compensation because the Algiers Accord, the agreement made between the president and Iran that secured their release, deprived them of the right to sue Iran for injuries sustained while being held hostage.The federal appeals court determined that the case involved a policy decision made during a crisis situation by the president and was not subject to judicial review.The court should refuse to adjudicate this dispute based on

Accepted Answer

A)   the political-question doctrine.
B)   mootness.
C)   ripeness.
D)   standing.

Question 11

State U's basketball coach will be able to file suit against a basketball official for not having called an obvious intentional foul at the end of a basketball game that State U lost by one point.The consequences to State U of this loss included not making the NCAA field of 64 and the loss of significant financial rewards and recruiting advantages that result from qualifying for the tournament.Can State U sue the officials? Explain your answer thoroughly.

Accepted Answer

The answer of State U's basketball coach will be able...

Question 12

A case is ripe when

Accepted Answer

A)   all parties agree regarding the proper forum for the case.
B)   a case has developed enough for the parties to have distinct, adverse positions.
C)   discovery has concluded thus clarifying the facts.
D)   All of these answers are correct.

Question 13

The rationale behind claim preclusion is that

Accepted Answer

A)   hardship is prevented because a litigant can't be sued several times.
B)   litigation is reduced.
C)   parties have only one chance to win, so they make their best effort.
D)   All of the above are correct.

Question 14

If the judicial branch determines that the executive or legislative branches have failed to act when needed, the political-question doctrine allows it to make a determination.

Accepted Answer

A) True 
 B)False

Question 15

Spousal immunity

Accepted Answer

A)   is based on the idea that husbands and wives are legally the same person.
B)   is only recognized in some states.
C)   may not stand if the couple is engaged in fraud or collusion.
D)   All of the above are correct

Question 16

Peter filed a suit against St.Paul Church.Before trial the church offered Peter $10,000 to settle the claim outside of court.Peter accepted the money.Peter and the church agreed that the trial should take place even though neither would consider the results binding.Peter wants to find out if he would have won and what amount of damages the jury would have come up with.The church wants the court to define the limits of charitable immunity.What should the court do under these circumstances?

Accepted Answer

A)   Dismiss the case as being moot because the parties settled.
B)   Issue an advisory opinion to set a precedent on the doctrine of charitable immunity.
C)   Rule on charitable immunity as it is a case or controversy and the parties have standing.
D)   Grant a JNOV because the case is ripe.

Question 17

If a court concludes that the plaintiff does not have a legally sufficient personal interest in a dispute, the court will dismiss the action because of

Accepted Answer

A)   mootness.
B)   lack of ripeness.
C)   lack of privity.
D)   standing.

Question 18

It is illegal for one contracting party to contractually agree not to sue another contracting party because such an agreement would contravene public policy.

Accepted Answer

A) True 
 B)False

Question 19

The American Postal Worker's Union brought suit to challenge the constitutionality of a U.S.Postal Service requirement that all applicants for employment must submit to drug tests.No union members were required to submit to a drug test as a condition of continued employment, nor were any applicants, by definition, members of the union, since none had been hired yet.The Postal Service should move to dismiss the case on what grounds?

Accepted Answer

A)   Mootness
B)   Ripeness
C)   Standing
D)   Political question doctrine

Question 20

A trespasses on B's land.Almost two years later, one day before the statute of limitations runs out on the trespass, B brings suit.The case will not come to trial for at least six months.Which of the following is true?

Accepted Answer

A)   The cause of action accrued as soon as B filed the suit.
B)   A may plead the statute of limitations as a defense.
C)   When B commenced the suit, the statute of limitations was tolled.
D)   A's statute-of-limitations defense depends on whether the statute contains a savings clause.

Exam 6: Limitations in Seeking Relief

The case-or-controversy requirement generally precludes courts from rendering advisory opinions.

Once the statute of limitations begins to run, it keeps running until it ends.

A case that is not ripe is nonjusticiable.

What legal doctrine(s) does a court use to determine whether a case is justiciable?

The U.S.Courts of Appeals are the only federal courts that can render advisory opinions.

The res judicata doctrine would preclude the same case against the same defendant on the same claim.

A case is ripe when

The rationale behind claim preclusion is that

If the judicial branch determines that the executive or legislative branches have failed to act when needed, the political-question doctrine allows it to make a determination.

Spousal immunity

If a court concludes that the plaintiff does not have a legally sufficient personal interest in a dispute, the court will dismiss the action because of

It is illegal for one contracting party to contractually agree not to sue another contracting party because such an agreement would contravene public policy.

A trespasses on B's land.Almost two years later, one day before the statute of limitations runs out on the trespass, B brings suit.The case will not come to trial for at least six months.Which of the following is true?