Question 1

Patty sued Raphael for hitting her car,alleging that Raphael was texting at the time when the accident happened.Patty did not present hard evidence of texting,such as phone records.The jury held Raphael was not liable for the accident because Patty had not proved Raphael was texting,and that in fact it was Patty who failed yield to Raphael.Patty should:

Accepted Answer

A)  Ask the judge to grant a default judgment because the jury was wrong.
B)  Appeal to federal court to overturn the decision,which was made in state court.
C)  Ask the Supreme Court to overturn the decision because she made clear Raphael was texting.
D)  Move on with her life,as she was unable to convince the jury to side with her on a question of fact.
E)  Appeal and try to convince the appellate court that Raphael actually was texting.F) A) and E)
G) A) and C)

Question 2

The challenge Linda's lawyer made to Mika is referred to as a[n] ________.

Accepted Answer

A)  Peremptory challenge
B)  Fairness challenge
C)  Stipulated challenge
D)  Challenge for cause
E)  Approved challengeF) All of the above
G) B) and C)

Question 3

Billy witnessed a hit-and-run but is gravely ill with cancer.Xavier,who was injured in the accident,would like to preserve Billy's testimony for trial in case Billy dies before the trial date.What should Xavier do?

Accepted Answer

A)  Take Billy's deposition.
B)  Send interrogatories to Billy.
C)  There is nothing Xavier can do.
D)  Have a conference with the judge and Billy.
E)  Send a request to admit to Billy that the accident was the defendant's fault.F) A) and D)
G) A) and C)

Question 4

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Accepted Answer

A) True 
 B)False

Question 5

Before a case can be heard,it must meet the threshold requirements of standing,case or controversy,and matter of public interest.

Accepted Answer

A) True 
 B)False

Question 6

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

Accepted Answer

A) True 
 B)False

Question 7

For diversity-of-citizenship,which of the following is needed?

Accepted Answer

A)  Only that the controversy concern an amount in excess of $75,000.
B)  Only that the controversy concern an amount in excess of $100,000.
C)  That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
D)  Only that the plaintiff not reside in the same state as the defendant.
E)  Only that the plaintiff reside in the same state as the defendant.F) A) and B)
G) A) and C)

Question 8

Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

Accepted Answer

A) True 
 B)False

Question 9

Bethenny,who resides in Rhode Island,breached a contract entered into in Florida with Geraldo.Geraldo successfully obtains a judgment against Bethenny for $150,000 in a Florida state court.Bethenny lives in a nice apartment in Rhode Island,and her only substantial asset is a vacation beach house in North Carolina.Which of the following is true regarding Geraldo's ability to obtain funds from a sale of the beach house?

Accepted Answer

A)  Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction,but he must return to Bethenny any funds obtained in excess of amounts owed.
B)  Geraldo is only entitled to obtain funds from property located in Florida,the location of the lawsuit,and cannot benefit from the property in North Carolina.
C)  Geraldo is only entitled to obtain funds from property located in Florida,the location of the lawsuit,or from Rhode Island,Bethenny's domicile,and cannot benefit from the property in North Carolina.
D)  Under federal law,Geraldo will only be able to sell the beach house through attachment jurisdiction if after two years Bethenny has failed to satisfy the judgment,and any sums received in excess of amounts owed to Geraldo go the Federal Housing Administration.
E)  Geraldo will be able to sell the beach house in North Carolina through attachment jurisdiction,and he is entitled to keep any funds obtained in excess of amounts owed.F) B) and D)
G) A) and E)

Question 10

Yolanda found a better job and quit Robert's employment.Yolanda,however,wants to sue Robert because she believes that he may have terminated her employment based on age discrimination if she had not quit.At this point,which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked?

Accepted Answer

A)  That the court lacks in personam jurisdiction.
B)  That the case is moot.
C)  That the state's long-arm statute does not apply.
D)  That a default judgment is appropriate.
E)  That Yolanda lacks standing.F) A) and D)
G) D) and E)

Question 11

A defendant uses a[n] _ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Accepted Answer

A)  Secondary answer
B)  Affirmative defense
C)  Pleading defense
D)  Personam answer
E)  Formal answerF) B) and D)
G) B) and E)

Question 12

Raul lives in Colorado but owns land in Montana for which he has not paid property taxes in several years.Assuming the state meets procedural requirements,which of the following is true?

Accepted Answer

A)  The court can exert both in personam jurisdiction and in rem jurisdiction over Paul but must wait until his return to the state in order to sell the property to satisfy the tax debt.
B)  The court can exert both in personam jurisdiction and in rem jurisdiction over the property itself and may take control of the property,but the court must wait until Paul's return to the state in order to sell the property to satisfy the tax debt.
C)  The court can exert in personam jurisdiction over the property itself and sell it to satisfy the tax debt.
D)  The court can exert in rem jurisdiction over the property and sell it to satisfy the tax debt.
E)  The court has no right to sell the property to satisfy the tax debt because no jurisdiction is present.F) A) and E)
G) All of the above

Question 13

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Accepted Answer

A) True 
 B)False

Question 14

If after reviewing the pleadings,the judge determines that the only reasonable decision is in favor of the moving party,the court may grant which of the following?

Accepted Answer

A)  Motion for sanctions
B)  Motion for judgment on the pleadings
C)  Motion for production
D)  Motion for summary judgment
E)  Motion for discoveryF) B) and E)
G) A) and C)

Question 15

What standard of proof would the trial judge have applied when ruling on the case?

Accepted Answer

A)  A standard of proof beyond a reasonable doubt
B)  A standard of proof by a margin
C)  A preponderance of the evidence standard
D)  A standard of certainty in proof
E)  A standard of proof beyond a reasonable questionF) A) and B)
G) C) and E)

Question 16

Written questions that one party sends to another to answer under oath are called ________.

Accepted Answer

A)  Interrogatories
B)  Subpoenas
C)  Depositions
D)  Inquiries
E)  Sworn assertionsF) D) and E)
G) A) and C)

Question 17

In some cases,the U.S.Supreme Court functions as a trial court of limited jurisdiction.

Accepted Answer

A) True 
 B)False

Question 18

[Revenge] Tamra,a first year law student,slipped on a freshly mopped floor while walking to class.She bumped into Anton,another first year law student,breaking his glasses.He was very angry with Tamra and let the air out of one of her car tires.Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Anton sued Tamra in state court.Tamra,in the same lawsuit,brought an action against Anton for letting the air out of her tire.At the trial in state court,Tamra told the judge that a friend,Aimee,told Tamra that she saw Anton let the air out of Tamra's tire.The judge disallowed Tamra's testimony on that issue.Aimee also came to court and testified about seeing Anton let the air out of the tires.The state court judge ruled in favor of Tamra.Anton said that he was not giving up and that he would seek double damages on appeal in federal court.Tamra and Anton live in different states when not attending school.After the trial,Tamra reported Anton's action of letting the air out of her tire to the police,who said that they would proceed with a criminal action against Anton.Anton goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.
-What should Alex say to Anton regarding an appeal filed in federal court?

Accepted Answer

A)  He should tell Anton that the federal appeal looks good only if Aimee does not come to testify in person.
B)  He should tell Anton to forget about a federal court appeal because an appeal from a state trial court would not be to federal court.
C)  He should tell Anton that the federal appeal looks good only if Anton can get Tamra to admit she was negligent.
D)  He should tell Anton that a federal appeal looks promising and that he will be glad to represent Anton for an hourly rate of $400.
E)  He should tell Anton that the federal appeal is not possible unless Anton first gets the trial court judge to certify the case to federal court.F) A) and E)
G) B) and C)

Question 19

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Accepted Answer

A)  It depends on the nature and quality of commercial activity that an entity conducts over the Internet.
B)  Yes,but only if the defendant has actually physically been in the plaintiff's home state within the 180 days prior to the filing of the complaint.
C)  No,not under any circumstances.
D)  Yes,but only if the defendant consented to jurisdiction in the plaintiff's home state.
E)  Yes,for any type of action.F) A) and E)
G) B) and E)

Question 20

Which of the following is true regarding federal jurisdiction?

Accepted Answer

A)  If a case falls within the federal jurisdiction,it cannot fall within state jurisdiction.
B)  Some cases fall within both federal jurisdiction and state jurisdiction,but the federal court system has exclusive jurisdiction over some cases.
C)  Some cases fall within both federal jurisdiction and state jurisdiction,but there is no exclusive federal court jurisdiction.
D)  Some cases fall within both federal jurisdiction and state jurisdiction,but that only occurs in criminal matters.
E)  There is no exclusive federal jurisdiction in civil matters.F) A) and C)
G) B) and C)

Exam 3: The Uslegal System

The challenge Linda's lawyer made to Mika is referred to as a[n] ________.

Correct Answer
verified

A defendant uses a[n] _ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Correct Answer
verified

Correct Answer
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Correct Answer
verified

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Correct Answer
verified

Before a case can be heard,it must meet the threshold requirements of standing,case or controversy,and matter of public interest.

Correct Answer
verified

If after reviewing the pleadings,the judge determines that the only reasonable decision is in favor of the moving party,the court may grant which of the following?

Correct Answer
verified

In some cases,the U.S.Supreme Court functions as a trial court of limited jurisdiction.

Correct Answer
verified

Billy witnessed a hit-and-run but is gravely ill with cancer.Xavier,who was injured in the accident,would like to preserve Billy's testimony for trial in case Billy dies before the trial date.What should Xavier do?

Correct Answer
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Correct Answer
verified

Which of the following is true regarding federal jurisdiction?

Correct Answer
verified

For diversity-of-citizenship,which of the following is needed?

Correct Answer
verified

What standard of proof would the trial judge have applied when ruling on the case?

Correct Answer
verified

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

Correct Answer
verified

Correct Answer
verified

Written questions that one party sends to another to answer under oath are called ________.

Correct Answer
verified

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Correct Answer
verified

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Correct Answer
verified

Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

Correct Answer
verified

Raul lives in Colorado but owns land in Montana for which he has not paid property taxes in several years.Assuming the state meets procedural requirements,which of the following is true?

Correct Answer
verified

Exam 3: The Uslegal System

The challenge Linda's lawyer made to Mika is referred to as a[n] ________.

Correct AnswerverifiedShow Answer

A defendant uses a[n] _ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Correct AnswerverifiedShow Answer

Before a case can be heard,it must meet the threshold requirements of standing,case or controversy,and matter of public interest.

Correct AnswerverifiedShow Answer

If after reviewing the pleadings,the judge determines that the only reasonable decision is in favor of the moving party,the court may grant which of the following?

Correct AnswerverifiedShow Answer

In some cases,the U.S.Supreme Court functions as a trial court of limited jurisdiction.

Correct AnswerverifiedShow Answer

Billy witnessed a hit-and-run but is gravely ill with cancer.Xavier,who was injured in the accident,would like to preserve Billy's testimony for trial in case Billy dies before the trial date.What should Xavier do?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding federal jurisdiction?

Correct AnswerverifiedShow Answer

For diversity-of-citizenship,which of the following is needed?

Correct AnswerverifiedShow Answer

What standard of proof would the trial judge have applied when ruling on the case?

Correct AnswerverifiedShow Answer

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Written questions that one party sends to another to answer under oath are called ________.

Correct AnswerverifiedShow Answer

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Correct AnswerverifiedShow Answer

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Correct AnswerverifiedShow Answer

Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

Correct AnswerverifiedShow Answer

Raul lives in Colorado but owns land in Montana for which he has not paid property taxes in several years.Assuming the state meets procedural requirements,which of the following is true?

Correct AnswerverifiedShow Answer

Correct Answer
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