Question 1

In federal courts,a corporation is:

Accepted Answer

A)  a citizen of only the place where is has been incorporated. 
B)  a citizen of only it 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 2

Bubble Wrap Co.(BWC),an Atlanta corporation,has its principal place of business in New York.John,a resident of Florida,asserted on his website 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:

Accepted Answer

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 3

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

Accepted Answer

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

Question 4

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:

Accepted Answer

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 5

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?

Accepted Answer

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

Question 6

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

Accepted Answer

The answer of Does the Federal Arbitration Act (FAA)override a...

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

The answer of Greg sues Ned in an effort to...

Question 9

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

Accepted Answer

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

Question 10

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:

Accepted Answer

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

Question 11

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

Accepted Answer

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

Question 12

Generally,forum selection clauses in form agreements are unenforceable.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following may contain an affirmative defense?

Accepted Answer

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

Question 14

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

Accepted Answer

A)  Summons 
B)  Motion to Dismiss 
C)  Deposition 
D)  Interrogatories

Question 15

Which of the following characterizes discovery?

Accepted Answer

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 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

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 18

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:

Accepted Answer

A)  motion to dismiss. 
B)  motion for summary judgment. 
C)  motion for judgment notwithstanding the verdict. 
D)  motion for a directed verdict.

Question 19

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

Accepted Answer

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

Question 20

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

Accepted Answer

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.

Exam 2: The Resolution of Private Disputes

In federal courts,a corporation is:

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

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:

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?

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

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

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

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

Generally,forum selection clauses in form agreements are unenforceable.

Which of the following may contain an affirmative defense?

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

Which of the following characterizes discovery?

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

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

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