Question 1

The federal court system has thirteen courts of appeal.

Accepted Answer

A) True 
 B)False

Question 2

In which of the following is federal diversity jurisdiction present?

Accepted Answer

A)  A lawsuit involves citizens of different states. 
B)  The amount in controversy,exclusive of interest and all costs,exceeds $75,000. 
C)  A lawsuit involves citizens of different states or the amount in controversy,exclusive of interest and all costs,exceeds $75,000. 
D)  A lawsuit involves citizens of different states,and the amount in controversy,exclusive of interest and all costs,exceeds $75,000.

Question 3

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

Accepted Answer

The answer of Under what circumstances should a judge grant...

Question 4

The doctrine of stare decisis means

Accepted Answer

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 5

Jury challenges for cause are called pretrial challenges.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

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 7

Discuss what types of material are covered by the attorney work-product doctrine,and explain the rationale behind this doctrine.

Accepted Answer

The answer of Discuss what types of material are covered...

Question 8

When a case is dismissed _____,the _____ is precluded from asserting the same claim in another case.

Accepted Answer

A)  without prejudice; plaintiff 
B)  with prejudice; plaintiff 
C)  without prejudice; defendant 
D)  with prejudice; defendant

Question 9

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

Accepted Answer

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

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

The arbitration process involves the two disputing parties trying to reach agreement or,barring agreement,submitting to a solution as determined by a mediator.

Accepted Answer

A) True 
 B)False

Question 12

__________ 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.

Accepted Answer

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

Question 13

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.

Accepted Answer

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

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Hadley has filed a lawsuit against Memo Marketing for nonpayment of contracted fees for Hadley's freelance services.In this situation,Hadley is the _____ and Memo Marketing would receive notice of the suit in the form of a _____.

Accepted Answer

A)  defendant; summons 
B)  plaintiff; complaint 
C)  respondent; deposition 
D)  plaintiff; writ of certiorari

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Documents used as evidence in a case are not properly introduced into court.If that improper introduction risks potential damage to the nonproducing party,then the jury is instructed to consider those documents subject to:

Accepted Answer

A)  voir dire. 
B)  negotiation. 
C)  spoliation inference. 
D)  arbitration.

Question 19

The silicone breast implant case against Dow Corning,as well as cases involving smoking and securities fraud,is an example of a class action lawsuit.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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.

Exam 3: Sources of Law Courts and Dispute Resolution

The federal court system has thirteen courts of appeal.

In which of the following is federal diversity jurisdiction present?

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

The doctrine of stare decisis means

Jury challenges for cause are called pretrial challenges.

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

Discuss what types of material are covered by the attorney work-product doctrine,and explain the rationale behind this doctrine.

When a case is dismissed _,the _ is precluded from asserting the same claim in another case.

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

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

The arbitration process involves the two disputing parties trying to reach agreement or,barring agreement,submitting to a solution as determined by a mediator.

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.

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.

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

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

Hadley has filed a lawsuit against Memo Marketing for nonpayment of contracted fees for Hadley's freelance services.In this situation,Hadley is the _ and Memo Marketing would receive notice of the suit in the form of a _.

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

Documents used as evidence in a case are not properly introduced into court.If that improper introduction risks potential damage to the nonproducing party,then the jury is instructed to consider those documents subject to:

The silicone breast implant case against Dow Corning,as well as cases involving smoking and securities fraud,is an example of a class action lawsuit.

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