BUL Unit 2 Quiz

Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to review the merits of the award. True False

False

The process of questioning potential jurors in jury selection is called voir dire. True False

True

The purpose of the pretrial conference between the lawyers and the judge is to encourage the parties to settle the suit before trial. True False

True

For purposes of diversity of citizenship, a corporation is a citizen in only one state, the state in which it is incorporated. True False

False

Preponderance of the evidence is the easiest burden of proof to meet. True False

True

In the appeals process, the document submitted by each side arguing the points of law that support its claim that the verdict should or should not be overturned is an _____________________. Affidavit Deposition Brief Admission

Brief

Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into him in a busy intersection. Ben must convince the jury that the light was red and that his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find him liable? Beyond a reasonable doubt Beyond a shadow of a doubt By clear and convincing evidence By a preponderance of the evidence

By a preponderance of the evidence

Delores is suing the CEO of a corporation in a civil suit for securities fraud, which she claims he committed in the initial public offering of his company's stock. What is the burden of proof Delores must meet to prove securities fraud? Beyond a reasonable doubt Beyond a shadow of a doubt By clear and convincing evidence By a preponderance of the evidence

By clear and convincing evidence

When the U.S. Supreme Court agrees to hear a case, it issues a writ of _______. Acceptance Certiorari Nolo contendere Percipiari

Certiorari

Al and Ben were clients of Big Brokerage Firm (BBF). They suffered financial losses because of fraudulent securities dealings by BBF. Many other clients were victims as well, with losses that varied depending on the size of the accounts and the dates of certain trades. Al and Ben filed suit against BBF on their own behalf and on behalf of the other clients who suffered losses. This suit is an example of a (n)_____________________suit Peremptory Interlocutory Equitable Class action

Class action

When defendants do not respond to claims filed against them in courts of law or courts of equity, an automatic decision against them will result with the complaining party getting whatever remedy he requested. These decisions are called _____________ when at law and _______________ when in equity. Default judgments-------------default judgments Decrees pro confesso --------decrees pro confesso Default judgments-------------decrees pro confesso Decrees pro confesso----------default judgments

Default judgments-------------decrees pro confesso

Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to review the sufficiency of the evidence. True False

False

Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside the award. True False

False

Grand juries are used in both criminal and civil proceedings. True False

False

Interlocutory decrees are issued by courts of law with limited jurisdiction. True False

False

Jury instructions are entirely within the discretion of the judge; attorneys for the plaintiff and the defendant have no input into the instructions that are given the jury. True False

False

Only the United States Supreme Court can issue an interlocutory decree. True False

False

The number of Supreme Court justices who must agree to accept a case is 5. True False

False

A summons may be served on a defendant located in another state if the state in which the trial is to take place has an______________statute. Venue Non-resident Long arm Extension

Long arm

At the end of the trial, the judge will tell the jury the law that applies to the case and which issues they must decide. This is known as jury________________. Directions Instructions Sequestrations Interrogatories

Instructions

In order to be a plaintiff, a party must have a personal stake or be personally affected by the outcome of the case. This requirement is called ________________. Standing to sue Personal jurisdiction For cause jurisdiction Competence to litigate

Standing to sue

Mary, a resident of California, is outraged that the U.S. Navy allows civilians on board submarines and believes that this practice, along with the captain's negligence, was responsible for the 2001 sinking of a Japanese boat in the waters around Hawaii. She has filed suit in federal district in Hawaii against the captain and the secretary of the navy. Mary is just a concerned citizen and is not related to anyone aboard either the sub or the Japanese boat. What is the most likely result of her suit? The court will hear the case because diversity requirements were met. The court will dismiss the case because Mary lacks standing to sue. The court will dismiss the case because Mary lacks sufficient contacts with Hawaii to be a plaintiff there. The court will refer the case to state court in Hawaii

The court will dismiss the case because Mary lacks standing to sue.

When a federal district court hears a case based on a federal question, the minimum amount in controversy must be 75,000 100,000 200,000 There is no minimum amount for federal question jurisdiction.

There is no minimum amount for federal question jurisdiction.

A party who wishes to appeal a judgment is normally required to post a bond. True False

True

A person who violates a decree from a court of equity can be jailed for contempt of court. True False

True

Customers who want to sue businesses for damaged goods or poor services often choose small claims court. True False

True

If there is diversity of citizenship, the plaintiff may file the suit in federal district court. True False

True

In a diversity case, the federal court will use the substantive law of the state in which it is located. True False

True

For diversity of citizenship purposes, a corporation is considered a citizen of The state in which it is incorporated. The state in which it has its principal place of business. The state of residence of its majority shareholder a and b

a and b

An indictment is a grand jury's finding that there is sufficient evidence to bring someone accused of a crime to trial. the final decree in a court of equity. the papers served on a defendant in a civil suit notifying him that he is being sued. the order of a reviewing court to a trial court to retry an issue.

a grand jury's finding that there is sufficient evidence to bring someone accused of a crime to trial.

In a criminal case, the burden of proof on the prosecution is Preponderance of the evidence Clear and convincing evidence Beyond a reasonable doubt Beyond a shadow of a doubt

beyond a reasonable doubt

The function of the grand jury is to decide the guilt or innocence of a criminal defendant. decide the liability of a defendant in a civil suit. determine if there is sufficient evidence to decide the case on summary judgment. determine if there is sufficient evidence to bring someone accused of a crime to trial.

determine if there is sufficient evidence to bring someone accused of a crime to trial.

Pursuing a claim in small claims court is relatively inexpensive, in part because the parties represent themselves and save attorneys' fees. True False

true