BLAW Chapter 2

The Class Action Fairness Act requires that suits be heard in federal court if there is diversity of citizenship and an amount in controversy that exceeds

$5 million

When might the US Supreme Court choose to hear a case?

If several courts of appeals have come to conflicting decisions on similar cases if the highest state court ruled on a case that dealt with the validity of a federal statute

A small claims court offers a quick and inexpensive and easily accessible forums for settling disputes. True false question.

TRUE

On appeal, facts are generally accepted as true unless it is claimed that Multiple select question.

There was no competent evidence at the trail to support a finding of fact the judge did not grant a motion that should have been granted

When the defendant is answering the complaint against them, the defendant can claim

a counterclaim affirmative defenses

If the defendant fails to appear then the plaintiff is entitled to

a default judgment

Decisions of an appellate court are based on

a majority rule

When the plaintiff's testimony is completed a defendant can ask for Multiple choice question.

a motion for directed verdict

Reasons that a party may appeal a case include Multiple select question.

a party believes the evidence does not support the court's decision a party claiming an error of law

Arbitration is different than mediation because

a third party decides an outcome

Courts do not hear cases that are

advisory in nature hypothetical moot

When a case is appealed to an appellate court, the court may

affirm the lower court reverse and remand the lower court ruling reverse the lower court

When do attorney's make their opening statements

after the jury is selected

Trial courts generally

are general jurisdiction courts are courts of record

States have _________ district courts within their geographic location.

at least one

There have been numerous complaints associated with the harm associated with class action lawsuits including Multiple select question.

attorney are awarded large fees and plaintiffs receive little of the award state and local courts have been accused of keeping cases out of federal court

Jurisdiction generally is

authority of a court to hear a dispute

The burden of proof on the state in a criminal trial is

beyond a reasonable doubt

Courts with general jurisdiction can be called

circut district or county

Trial courts can be divided to hear

civil or criminal cases

To close the case, the attorneys for both sides make

closing arguments

Which of the following are associated with the pleadings?

complaint answer

A body of procedural law that provides for rules for a federal court to follow when deciding which state's law to use when deciding a diversity case is known as

conflict of laws

Failing to follow a court's order is known as

contempt of court

A defendant can file a(n) _________________ , a new claim indicating that the plaintiff owes the defendant damages because of harm alleged in the complaint

counterclaim

When a defendant is filing an answer, the defendant can _______ the allegations

deny admit

Examinations of one party under oath in the presence of an attorney is called

depositions

The job of an appeals court generally is to

determine if legal errors occurred in the trial

What has been the biggest cost increase in lawsuits

discovery procedures

Lawsuits, at the federal level, generally start in which court Multiple choice question.

district courts

When the US Supreme Court receives a writ of certiorari the court

does not have to hear the case

When all judges of a court of appeals hear a case this is called

en banc

The Federal Arbitration Act makes both the agreement of parties to arbitrate and the resulting arbitration award

enforceable in court

Even though the Supreme Court generally supports arbitration, courts will look at contracts that contain arbitration for

ensuring public interests are protected fairness to the parties

The goal of a mediator is to

facilitate the mediation

Courts of appeals hear appeals from Multiple select question.

federal administrative agencies district courts

The first step in filing a lawsuit is to

file a complaint

Online dispute resolution is best used

for disputes that are long distance

The purpose of discovery in a lawsuit is to

gather evidence to use at trial

Venue is the

geographic location a suit may be heard

When the plaintiff files the complaint it must Multiple select question.

give the defendant reasonable notice that they are being sued indicate that there are sufficient facts that entitle plaintiff to legal relief

Private judging is the dispute resolution process of

hiring a private judge to render a binding opinion

If a jury cannot come to a verdict this is known as a

hung jury

If a plaintiff brings a suit in state court, a defendant has the right to remove the case to a federal court if

if the amount of the dispute is over $75,000 the plaintiff and defendant are from different states

When might a court set aside an arbitrators award

if the judge believes the arbitrator acted arbitrary or capriciously if the dispute was not arbitrated under the agreement

Arbitration can be used

instead of mediation after mediation fails

Written answers to questions supplied by an opposing party that are submitted under oath are called

interrogatories

Trial courts can be divided into criminal and/or civil cases along specialized courts such as

juvenile courts probate courts divorce courts

The function of a judge in an adversary system is

keep order in the courtroom be unbiased and passive

Once the defendant presents his evidence, the plaintiff can Multiple select question.

make a motion for a directed verdict cross exam the witness

The judge in an adversarial system is responsible to

make sure the correct application of law is followed

When an appeals court is reviewing a case, it is reviewing

material errors of the trial

Less common forms of alternatives to trials to help settle disputes include

med/arb ombudsperson online dispute resolution

A case is ______________ when the events surrounding the filing of the case are no longer at issue

moot

A losing party in a civil trial can file a _______________ which says that no reasonable jury could have come to the conclusion they did based on the evidence.

motion for judgment not withstanding the verdict

Instead of filing an answers, the defendant can file a

motion to dismissx

Lawsuits can have

multiple plaintiffs and multiple defendants only one plaintiff but multiple defendants only one plaintiff and one defendant

The purpose of the pretrial conference is to

narrow the issues for trial agree to material facts help facilitate a settlement

When a court receives an arbitration award in the case, it will generally

not question the wisdom of the arbitrator

To serve as a basis for appeal the attorney must have

objected to the judge's action at the time the error was alleged

The appellate process generally allows

oral arguments briefs filed by the attorneys

The goal of an attorney in an adversary system is to

persuade the jury advocate for their client persuade a judge

At the pretrial conference, the judge will try to

persuade the parties to settle the dispute help the parties stipulate to the facts

If a default judgment is entered against the defendant this has the same effect as if the Multiple choice question.

plaintiff had won in court

This is the body of legal rules that govern how a case proceeds

procedural law

One of the biggest drawbacks of alternatives to settling disputes is

procedural safequards

The American Arbitration Association

provides lists of available arbitrators

Being a "litigious society" means:

quick to file a lawsuit

In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim

reply

In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim Multiple choice question.

reply

Private judges are generally

retired judges

Reasons that business people have turned to negotiation to settle their disputes include:

save money save time

Reasons that business people have turned to negotiation to settle their disputes include:

save time save money

Reasons that businesses and people choose ADR include:

saves personal resources saves money saves time

In high profile cases the jury may be ____________ which does not allow the jury to leave the supervision of the court Multiple choice question.

sequestered

A summary jury trial has a _______________________ that hears a shortened presentation of the case by the lawyers and renders and advisory verdict

six member mock jury

A(n)___________ courts offer a quick and inexpensive and easily accessible forums for settling disputes Multiple choice question.

small claims

State Appeals Courts hear cases from

state trial courts

One of the goals of the judge in a pretrial conference is to get the parties to ___________ the facts

stipulate to

The main difference between a mini trial and a summary jury trial is that

summary jury trials are guided by a court

Appeals from a district court are taken to

the US courts of appeal

One of the biggest differences between mediation and arbitration is that

the arbitrator decides the outcome

The goal of opening statements at a trial is for

the attorney to explain their clients case

When all of the pleadings have been completed

the case is set on the court's calendar

In order for a class action law suit to ensue as a representative class, the class must show Multiple select question.

the class of participants will fairly and adequately protect all members of the class the class of participants has a common question of law or fact the class is so numerous that joining all members is impracticable

Congress passed the Class Action Fairness Act in regards to concerns that class action lawsuits were undermining

the concept of diversity the national judicial system interstate commerce

In an adversary system of justice, who plays a key role in the outcome of a dispute Multiple select question.

the judge the lawyers

A concurring opinion filed by a justice means that

the justice agrees with the ruling but not the rationale of the majority

When a justice or group of justices issue concurring or dissenting opinions this means that

the opinion has no legal effect the opinion cannot be cited as precedent

During testimony, the opposing attorney can object to the evidence and a judge will rule if the evidence is allowed under

the rules of evidence

During testimony, the opposing attorney can object to the evidence and a judge will rule if the evidence is allowed under Multiple choice question.

the rules of evidence

The Class Action Fairness Act mandates that a judge must hold a hearing and make a written finding that

the settlement is fair and reasonable the lawyers adequately represented the class

Venue rules are decided by

the state government

Jurisdiction of a court to hear a case can be limited based on

the subject matter of the dispute

Trial courts are different than inferior courts in that

they are not limited by the amount of damages they award

Pleadings serve what function in a dispute Multiple select question.

they serve as the basis of a trial inform parties of the other party's claims

The basic purpose of procedural law in the adversarial system is

to ensure fairness to the participants

When a case is appealed, the ___________________ of the entire proceeding is forwarded to the appeals court Multiple choice question.

transcript

Which of the following would most likely contain an arbitration clause?

union-management contract casualty insurance

An affirmative defense is a rule that enables the defendant to Multiple choice question.

win even if all the plaintiffs allegations are true

Why might a case be continued?

witnesses are not available because another trial has taken too long

This writ allows a sheriff to seize and sell enough of a defendant's property to satisfy a judgment if the defendant does not pay

writ of execution

This writ allows a things such as wages and bank accounts in the hands of a third party to be used to satisfy a judgment Multiple choice question.

writ of garnishment