BUSLAW Chp. 3

True or false: Recently, a few jurisdictions have even recognized service through Facebook accounts when traditional methods of service did not work

True

If the defendant believes he or she has a claim against the plaintiff, the defendant will include a __________ with the answer.

counterclaim

In most states the courts of common pleas are the same as ______.

county courts

A __________ judgment 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.

default

A motion to dismiss is also known as a ________

demurrer

Although a state may have its own minimum-contact requirements, most state statutes hold that acts such as: _______ or _______ are sufficient for service on the defendant.

doing business in the state committing a tort

In order to obtain ________ over a defendant and to satisfy due process, a court must notify the defendant of the pending lawsuit.

in personam jurisdiction

The initial attempt to resolve a business dispute is usually __________.

informal

A motion for __________ is a request for the court to consider that all the facts in the pleadings are true and to apply the law to those facts.

judgment on the pleadings

A(n) __________ is a request by a party for the court to do something.

motion

Generally, the _________ initiates a lawsuit by filing a(n) _______ in the appropriate court.

plaintiff's attorney, complaint

A default judgment is a judgment in favor of the __________ that occurs when the __________ fails to answer the __________.

plaintiff; defendant; complaint

All of the following are threshold requirements that a case must meet before it is heard by a court except _____.

strict liability

Courts are moving towards authorizing service of process by electronic means, especially in situations where it is difficult to find the defendant's physical address, for the following reasons: ______

- a few jurisdictions have allowed for service of process by Facebook when traditional service methods have not worked - email is reasonably calculated to provide notice of the pending action - email is not substantially less likely to provide notice than the customary methods of providing notice

A choice-of-law clause will generally be enforced when: _______.

- there is some connection to the location of the transaction - there is some connection to one of the parties to the dispute

Which of the following is NOT one of the three main levels of the federal court system?

Common pleas court

______ federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Concurrent

Which of the following is not a recognized method of service of process on a person?

Constructive service

_____ jurisdiction literally means "jurisdiction over the person."

In personam

Which of the following refers to a court's jurisdiction over property?

In rem jurisdiction

Which of the following specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks?

The complaint

Which of the following is NOT a commonly-recognized drawback of the adversary system?

The constitutional guarantee of due process to litigating parties

Which of the following is not a commonly-recognized drawback of the adversary system?

The constitutional guarantee of due process to litigating parties

Which of the following is not a criterion necessary for a case or controversy to exist?

The dispute between the plaintiff and the defendant must not give rise to a concomitant criminal action

Which of the following is not a United States Supreme Court-recognized requirement for standing to sue?

The plaintiff must consent to waive his or her Fifth Amendment privilege against self-incrimination

True or false: Most industrialized countries have a single court system, with courts that have the power to hear both local and national cases.

True

Which of the following is an accurate statement regarding United States circuit courts of appeal?

United States circuit courts of appeal are the intermediate courts of appeal of the federal court system.

When does a court acquire jurisdiction over the defendant?

When the defendant is served with a copy of the complaint and the summons

When does a court acquire in personam jurisdiction over the plaintiff?

When the plaintiff files a lawsuit with the court

In a(n) __________ system of litigation, a neutral fact finder hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law.

adversary

The United States litigation system is a(n) __________ system.

adversary

The case-or-controversy requirement for standing to sue ensures that courts do not render __________ opinions.

advisory

In __________, judges review transcripts of trial court proceedings and occasionally consider additional oral and written arguments from each party.

appellate courts

Intermediate courts of appeal, analogous to federal circuit courts of appeal, exist in: ____

approximately half the states

In a(n) ______, the judge typically decides questions of law and fact.

bench trial

A(n) _______ clause is inserted into the contract that specifies which law will be applied to resolve any disputes that arise under the contract.

choice-of-law

United States __________ courts of appeal are the intermediate courts of appeal of the federal court system.

circuit

In state court systems, most cases begin in a trial court of general jurisdiction. Most states refer to these courts as courts of __________ pleas or __________ courts.

common; county

The __________ specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks.

complaint

The plaintiff's attorney initiates a lawsuit by filing a(n) __________ in the appropriate court.

complaint

Service of process is the procedure by which courts present the __________ to the defendant.

complaint and summons

When a plaintiff files a case involving __________ jurisdiction in state court, the defendant has a right of removal.

concurrent

The summons is a court order that notifies the __________ of the lawsuit and explains how and when to respond to the __________.

defendant; complaint

Courts are moving towards authorizing service of process by electronic means, especially in situations where it is difficult to find the defendant's physical address, for the following reasons: _____

email is not substantially less likely to provide notice than the customary methods of providing notice email is reasonably calculated to provide notice of the pending action a few jurisdictions have allowed for service of process by Facebook when traditional service methods have not worked

The federal court system has __________ jurisdiction over patent, trademark, and copyright cases.

exclusive

A question of __________ pertains to an issue about an event or characteristic in the subject case.

fact

The United States legal system has two parallel court structures: a __________ system and a(n) __________ system.

federal; state

When a contract contains a(n) ________, the parties specify which court would hear a dispute over an alleged breach of the contract.

forum-selection clause

Federal courts of _______ jurisdiction have the power to hear a wide range of cases and can grant almost any type of remedy.

general

If a party to a case files a motion for a change of venue, the judge: _______.

has the discretion to grant or deny the motion

In terms of standing to sue, a case is ripe if a judge's decision is capable of affecting the parties __________.

immediately

Corporations are subject to __________ jurisdiction in the state of their incorporation, the location of their main offices, and the geographic areas in which they conduct business.

in personam

Generally, a state court's power to exercise ________ jurisdiction extends to the edge of the state's border.

in personam

In a bench trial, the _______ typically defines questions of fact.

judge

Only ______ can decide questions of law.

judges

The case-or-controversy requirement for standing to sue is also referred to as __________ controversy.

justifiable

The supreme court in a state court system is the state court of ______

last resort

A question of __________ is an issue concerning the interpretation or application of a law.

law

Appellate courts handle only questions ______, not questions _______.

of law, of fact

The right of __________ entitles the defendant to transfer a case the plaintiff originally filed in state court to federal court.

removal

In terms of standing to sue, a case is __________ if a judge's decision is capable of affecting the parties immediately.

ripe

At the informal negotiation stage, if a party cannot resolve the dispute she will often: ________.

seek an attorney's advice

A person who has the legal right to bring an action in court has _______

standing

Which of the following is part of the court structure of the United States legal system?

state court system

The __________ is a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint.

summons

Intermediate courts of appeal in state court systems are usually referred to as courts of appeal or __________ courts.

superior

The court of last resort in most state court systems is called the __________ court.

supreme

All of the following are required for a case or controversy except ______.

the relationship between the plaintiff and the defendant must be conciliatory

According to Case 3-3 the Atlantic Marine Construction case, the Supreme Court held that the lower court should seek to ________ before ______ the case.

transfer, dismissing

In the federal court system, the __________ courts are United States district courts.

trial

Which of the following is a commonly-recognized method of service of process on a corporation?

Service on the president of the corporation

Which of the following is a commonly-recognized method of service of process on a corporation?

Service on the president of the corporation & Service on the corporation's agent for service

Which of the following is an example of a court of limited jurisdiction?

Small claims court

Service of process includes serving the defendant with: ________.

- a summons - the complaint

A defendant's response to the complaint with an answer can ________ the accuracy of the plaintiff's allegations.

- affirm - claim no knowledge of - deny

Subject-matter jurisdiction determines which court system may hear a particular case so that a particular case can be filed with the following types of jurisdiction: _______.

- concurrent federal jurisdiction - state jurisdiction - exclusive federal jurisdiction

How many justices serve on the United States Supreme Court?

9

Which of the following types of cases are within exclusive state court jurisdiction?

Adoption & divorce

Which of the following is used by a defendant when his or her 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?

Affirmative defense

____ courts have the power to review previous judicial decisions to determine whether trial courts erred in their decisions.

Appellate

What types of powers do appellate courts have?

Appellate courts have the power to review previous judicial decisions to determine whether trial courts erred in their decisions.

Concurrent jurisdiction covers which of the following types of cases?

Federal-question

Which of the following is not a United States Supreme Court-recognized requirement for standing to sue?

It must be established that the plaintiff will prevail in the case

Which of the following is not a United States Supreme Court-recognized requirement for standing to sue?

It must be established that the plaintiff will prevail in the case & The plaintiff must consent to waive his or her Fifth Amendment privilege against self-incrimination

____ is a court's power to bind the parties before it.

Jurisdiction

____ is a court's power to hear cases and render decisions that bind the parties before them.

Jurisdiction

_______ statutes enable the court to serve defendants outside the court's home state.

Long-arm

Which of the following is a request by a party for the court to do something?

Motion

_____ is not a commonly-recognized drawback of the adversary system?

The attorney's obligation to represent his or her client zealously

Which of the following information is not included in the complaint?

The counterclaim

Which of the following are the requirements for a diversity-of-citizenship case?

The plaintiff does not reside in the same state as the defendant and the controversy exceeds $75,000

A defendant uses a(n) __________ when his or her answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions.

affirmative defense

If the plaintiff plans to use a(n) ______, she must raise it in the reply.

affirmative defense

In a(n) __________, the defendant denies, affirms, or claims no knowledge of the accuracy of the plaintiff's allegations.

answer

The defendant responds to the plaintiff's complaint with a(n) _________.

answer

The federal court system has __________ jurisdiction over bankruptcy cases.

exclusive

Jurisdiction is a court's power to _______.

hear cases

In rem jurisdiction is Latin for "jurisdiction over the __________."

thing

A motion _______ is also known as a demurrer.

to dismiss

The United States __________ is the final appellate court in the federal court system.

Supreme Court

Which of the following courts do not hold trials?

Appellate courts

The federal court system derives its power from __________ of the United States Constitution.

Article III, Section 2

Which of the following is NOT a recognized category of subject-matter jurisdiction?

Attachment jurisdiction

Which of the following is an accurate statement regarding state court jurisdiction?

Most cases fall under state court jurisdiction

Which of the following is an accurate statement regarding rules of civil procedure?

Most states' rules of civil procedure are very similar to the Federal Rules of Civil Procedure.

Which of the following is an inaccurate statement regarding rules of civil procedure?

Most states' rules of civil procedure vary greatly from the Federal Rules of Civil Procedure.

Which of the following is an accurate statement regarding venue?

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

jurisdiction is the power to hear and decide cases when they first enter the legal system.

Original

Which of the following is the first formal stage of a lawsuit?

Pleading

Which of the following is NOT a threshold requirement for a case to be heard by a court?

Primogeniture

Which of the following is an example of a court of limited jurisdiction?

Probate court

Which of the following is an example of a court of limited jurisdiction?

Probate court & Small claims court

Which of the following is a question about an event or characteristic in the subject case?

Question of fact

Which of the following is an issue concerning the interpretation or application of law?

Question of law

________ is the procedure by which courts present the complaint and summons to the defendant.

Service of process

Which of the following is a commonly-recognized method of service of process on a corporation?

Service on the corporation's agent for service

Which of the following is not another term for trial courts?

Small claims courts

Which of the following refers to a person's legal right to bring an action in court?

Standing to sue

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

Subject-matter jurisdiction