Filters
Question type

Study Flashcards

While giving her new hoverboard a spin,Tasha bumped into Avram,knocking him down.He sues.CindyTasha is suspicious that he is not hurt as badly as he claims.What would CindyTasha want to know for trial,and how could she and her lawyer find out this necessary information? Fully discuss your answer and methods by which CindyTasha could obtain information.

Correct Answer

verifed

verified

Tasha would want to know Bruce's Avram's...

View Answer

Discuss the items that should appear in a complaint.

Correct Answer

verifed

verified

The complaint states the names...

View Answer

The statements made to the jury by the lawyers immediately after the jury was chosen are referred to as ________.


A) Direct statements
B) Opening statements
C) Closing selection statements
D) Influential statements
E) Jury statements

F) B) and C)
G) A) and E)

Correct Answer

verifed

verified

Abby keyed her boyfriend's car because she believed her boyfriend cheated on her.When her boyfriend files a civil case against Abby for damages,Abby would prefer an all-female jury because Abby believes that women will be more sympathetic.Abby's lawyer should:


A) Try to get all of the men excused for cause.
B) Get some male jurors excused for cause and use peremptory challenges to have the rest of the male jurors excused.
C) Try to demonstrate bias in all of the male jurors so the judge will decide to excuse them due to lack of impartiality.
D) Explain to Abby that gender-based discrimination is not allowed in jury selection
E) Use peremptory challenges to excuse all of the male jurors.

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

Ashley wants to sue Joe because her friend Mary was hurt by Joe and Ashley wants to be awarded money to give to Mary.Mary is currently incurring medical bills to treat her injuries and wants to focus on trying to get better,rather than suing.Can Ashley sue Joe?


A) Yes because the case is ripe
B) No because Ashley lacks standing
C) No because the case is moot.
D) No because the case is not ripe.
E) Yes because the case is ripe and there is an actual controversy

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

Which statement about state and federal court jurisdiction is true?


A) In all cases,state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state.
B) In some cases,state courts have exclusive jurisdiction;in some cases,state courts have concurrent jurisdiction with the federal courts;and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
C) In all cases,state courts have concurrent jurisdiction with the federal courts.
D) State courts begin with exclusive jurisdiction until a federal court intervenes.
E) Federal courts begin with exclusive jurisdiction until a state court intervenes.

F) D) and E)
G) None of the above

Correct Answer

verifed

verified

At a[n] ,attorneys examine a witness under oath with a court reporter present.


A) Inquiry
B) Pre-trial conference
C) Pre-trial mediation
D) Deposition
E) Interrogatory

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

Which of the following is true regarding the use of peremptory challenges based on gender?


A) Only one peremptory challenge per party may be based on gender.
B) Peremptory challenges may be based on gender only so long as lawyers for all parties agree.
C) Peremptory challenges may not be based on gender.
D) Peremptory challenges may not be based on gender unless a sexually based crime,such as rape,is involved.
E) Peremptory challenges may be based on gender.

F) B) and D)
G) A) and C)

Correct Answer

verifed

verified

Which of the following is true regarding trials in Japan?


A) Known evidence must be automatically exchanged without request or order of the court.
B) Only civil penalties may be imposed in civil cases for parties violating judicial orders.
C) Trial involves a series of discrete meetings between the parties and the judge.
D) The Japanese trial system has juries that function similar to juries in America.
E) The discovery process in the Japanese court system is much simpler than that in America.

F) C) and D)
G) A) and C)

Correct Answer

verifed

verified

A[n] is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint,and the plaintiff's complaint alleges facts that would support such a judgment.


A) Automatic judgment
B) Dismissal
C) Delineated response judgment
D) Pleading judgment
E) Default judgment

F) A) and D)
G) A) and C)

Correct Answer

verifed

verified

The state court system has exclusive jurisdiction over ________.


A) Admiralty,bankruptcy,and copyright case
B) Adoption and divorce case
C) Bankruptcy cases only
D) The state court system has no exclusive jurisdiction
E) Admiralty cases only

F) B) and C)
G) B) and E)

Correct Answer

verifed

verified

DeRay and Jenna live in different states.DeRay is suing Jenna for injuring him by causing him to fall.He is seeking $20,000 in damages.DeRay can sue in:


A) Federal court only,because DeRay and Jenna live in different states.
B) The state where the fall took place.
C) Both federal and state court.
D) Federal court only,because diversity jurisdiction exists.
E) Federal court only because the amount in controversy exceeds $10,000.

F) B) and C)
G) C) and D)

Correct Answer

verifed

verified

When Linda's lawyer questions Jules,it is called ________,and when Ronaldo's lawyer questions Jules,it is called ________.


A) Direct examination;cross-examination
B) True examination;trickster examination
C) Absolute examination;counter-examination
D) Direct examination;interrogating examination
E) True examination;analysis examination

F) None of the above
G) A) and B)

Correct Answer

verifed

verified

Which of the following is a court's power to hear certain kinds of cases?


A) In personam jurisdiction
B) In area jurisdiction
C) In loco jurisdiction
D) Subject-matter jurisdiction
E) In kind jurisdiction

F) A) and E)
G) A) and C)

Correct Answer

verifed

verified

Rosalba,a resident of New Mexico,claims that Pet Food Company Inc. ,put out some dog food that made her dog,Champ,sick.Champ is a prize-winning poodle.He survived the pet food fiasco only after traveling to a veterinarian in Florida specializing in poodles and only because he had two very expensive surgeries.Additionally,his ability to sire has been impaired,and Rosalba will earn no more breeding fees from Champ.Her damages are $100,000.Pet Food Company Inc. ,is incorporated in Delaware,with its principal place of business in New Mexico.Rosalba asks you whether she can sue in federal court.What would you tell her and why?

Correct Answer

verifed

verified

Rosalba cannot sue in federal ...

View Answer

Assuming there are no vacancies,how many U.S.Supreme Court justices are there?


A) 7
B) 8
C) 15
D) 5
E) 9

F) B) and C)
G) A) and B)

Correct Answer

verifed

verified

Susan has lost her appeal in her state Supreme Court on a matter concerning a question of pure state law.She wishes to appeal to the U.S.Supreme Court.Susan:


A) Cannot appeal because cases arising in state court can never be heard in the U.S.Supreme Court
B) Cannot appeal because her case has not yet been heard in a U.S.District Court.
C) Can appeal because her case has already been heard in the court of last resort in her state.
D) Cannot appeal because the U.S.Supreme Court will not hear cases considering questions of pure state law.
E) Cannot appeal because cases arising in state court can never be heard in federal court.

F) A) and D)
G) A) and C)

Correct Answer

verifed

verified

Yuna,suffered a personal injury while operating her tractor at home in California.She filed suit in state court against the manufacturer,Company A.Company A is incorporated in Delaware with its principal place of business in Illinois.Yuna also sued the seller,Company B,which is incorporated in California with its principal place of business in California.Yuna and Company B informally agreed to settle out of court,but the agreement was subject to approval by Company B's insurer.Before a final agreement was reached regarding settlement with Company B,Company A filed a motion in state court to remove the case to federal court.Although Yuna opposed removal,the state court granted Company A's motion.After the case was removed to federal court,Yuna and Company B finalized their settlement agreement and Company B was dismissed from the lawsuit.The federal district court proceeded to hear the case and ruled in favor of Company A.Yuna appealed on the basis that diversity between the parties was lacking so the federal district court had no jurisdiction over the case.She claims that the case should be remanded to state court for a new trial.What should the appellate court rule regarding whether the state trial court properly granted the petition for removal and what will be the likely outcome on appeal?

Correct Answer

verifed

verified

Following the Caterpillar case discussed...

View Answer

Sonja ran her car over Hank in her company parking lot,breaking his leg.The accident occurred because Sonja's car brakes failed without warning.Hank sues Sonja.Sonja decides to do nothing because she sees no way that she can win the lawsuit since she did strike Hank.Is she right? Why or why not? What would you suggest that she do in the civil litigation? Why is it important that Sonja proceed correctly and in a timely manner at this point in the litigation?

Correct Answer

verifed

verified

Sonja is not correct in her thinking.She...

View Answer

Which of the following is true regarding state courts of appeal?


A) Not all states have intermediate courts of appeal;in those states,appeals go to the state court of last resort.
B) In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals.
C) All states in this country have intermediate courts of appeal.
D) States only have an intermediate court of appeal if there is no state Supreme Court.
E) In states that do not have an intermediate court of appeal,there is no right of appeal to any court.

F) C) and D)
G) All of the above

Correct Answer

verifed

verified

Showing 41 - 60 of 89

Related Exams

Show Answer