Question 1

Describe a choice-of-forum clause and how it is used.

Accepted Answer

The answer of Describe a choice-of-forum clause and how it...

Question 2

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

Accepted Answer

The answer of Federal courts are generally referred to as...

Question 3

In order to file a lawsuit,a plaintiff must have standing to sue.Which of the following does not pertain to standing?

Accepted Answer

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 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

A motion for a directed verdict is the same thing as a summary judgment.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

In cases involving Internet communication or transaction,the sliding scale that courts have adopted considers a passive Web site that just posts information to be grounds for personal jurisdiction.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

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

Question 11

A main benefit of mediation is that the mediator can pronounce a final judgment and definitively put the dispute to rest.

Accepted Answer

A) True 
 B)False

Question 12

Federal diversity jurisdiction cases may be brought in state courts for cases exceeding $75,000.

Accepted Answer

A) True 
 B)False

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

A motion for summary judgment will be granted where there is:

Accepted Answer

A)  no disputed issue of material fact. 
B)  no legal issue of questionable fact. 
C)  no material issue of fact. 
D)  no factual issue of legal fact.

Question 16

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

Accepted Answer

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

Question 17

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.

Accepted Answer

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

Question 18

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 excused.

Accepted Answer

A)  affirmative defense; legal cause 
B)  motion for summary judgment; legal cause 
C)  counterclaim; legal cause 
D)  affirmative defense; proximate cause

Question 19

Jules has incorporated a business,The Spree Chocolatier.It has facilities in five major cities in California,Arizona,and Washington.After fulfilling a contract for 500 fancy desserts for a banquet,The Spree Chocolatier's client in Seattle,Washington,refused to pay.Jules brought suit.According to federal diversity purposes,The Spree Chocolatier would be considered a citizen of:

Accepted Answer

A)  the state of incorporation. 
B)  the state of its principal place of business. 
C)  neither location but of the United States in general. 
D)  both the state of incorporation and the state of its principal place of business.

Question 20

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

Accepted Answer

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

Exam 3: Sources of Law Courts and Dispute Resolution

Describe a choice-of-forum clause and how it is used.

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

In order to file a lawsuit,a plaintiff must have standing to sue.Which of the following does not pertain to standing?

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

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

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

A motion for a directed verdict is the same thing as a summary judgment.

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

In cases involving Internet communication or transaction,the sliding scale that courts have adopted considers a passive Web site that just posts information to be grounds for personal jurisdiction.

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

A main benefit of mediation is that the mediator can pronounce a final judgment and definitively put the dispute to rest.

Federal diversity jurisdiction cases may be brought in state courts for cases exceeding $75,000.

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.

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.

A motion for summary judgment will be granted where there is:

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

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.

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 excused.

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

Exam 3: Sources of Law Courts and Dispute Resolution

Describe a choice-of-forum clause and how it is used.

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

In order to file a lawsuit,a plaintiff must have standing to sue.Which of the following does not pertain to standing?

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

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

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

A motion for a directed verdict is the same thing as a summary judgment.

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

In cases involving Internet communication or transaction,the sliding scale that courts have adopted considers a passive Web site that just posts information to be grounds for personal jurisdiction.

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

A main benefit of mediation is that the mediator can pronounce a final judgment and definitively put the dispute to rest.

Federal diversity jurisdiction cases may be brought in state courts for cases exceeding $75,000.

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.

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.

A motion for summary judgment will be granted where there is:

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

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.

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 excused.

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

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.

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 excused.