Chapter 3
Assuming there are no vacancies, how many U.S. Supreme Court justices are there?
9
A defendant uses a(n) ______ when he or she includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff, even if the plaintiff's allegations are correct.
Affirmative defense
ADR refers to
Alternative Dispute Resolution.
In order to ensure that a case or controversy exists, the plaintiff must show:
An adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination.
In a lawsuit, the defendant is the person or entity being sued. Once the defendant has been served by the paperwork that initiates the lawsuit, the defendant must respond. A common response is called
Answer
Which of the following are tools of discovery?
Both interrogatories and depositions, but not summary motions
Which of the following is needed for diversity-of-citizenship?
Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
For purposes of diversity-of-citizenship, where does a corporation reside?
Both the state in which the corporation has its principal place of business and the state of incorporation.
At a(n) ______ attorneys examine a witness under oath with a court reporter present.
Deposition
What are the trial courts in the federal court system called?
District Courts
In Texas and federal courts, the common term for a trial court is
District court
A plaintiff who believes that he or she has a claim against the defendant would include a counterclaim with the answer.
False
Courts are generally critical and unsupportive of ADR methods.
False
In rem jurisdiction references jurisdiction over a person subject to an order of guardianship.
False
Usually the issue of ripeness arises when one party claims that the case is moot—in other words, there is no point in the court's hearing the case because no judgment can affect the situation between the parties.
False
Which of the following are written questions that one party sends to another to answer under oath?
Interrogatories
Which of the following is accurate regarding the speed and cost of ADR?
It is usually faster and cheaper.
The primary forms of ADR are: negotiation,
Mediation
A plaintiff is the person or entity who begins a lawsuit. The first document that he, she, or it files is called a
Motion
The challenge made by an attorney about a potential juror who said that he could not be fair is referred to as a(n):
Peremptory challenge
Jurisdiction is a court's power to hear cases and render decisions that bind the parties before it. A trial court must have several types of jurisdiction to decide any particular case. Mark all types of jurisdiction listed below that a state trial court must have in order to decide a given case. (Two answers are correct. You must mark both correct answers in order to receive any credit for this question.)
Personal, in rem, or quasi-in rem jurisdiction. - Subject-matter jurisdiction.
Which of the following do appellate courts primarily handle?
Questions of law
Because the U.S. form of government is based upon federalism, this type of jurisdiction exist
Subject-matter.
These are the highest state courts within Texas: (More than one answer may be correct. You must mark all correct answers and no incorrect answers in order to receive any credit for this question.)
Texas Supreme Court - Texas Court of Criminal Appeals
A court must have several types of jurisdiction to decide any particular case.
True
ADR gives businesses more control over the resolution of a dispute.
True
An arbitrator is more likely to issue a compromise decision than a judge.
True
Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.
True
If an appellate judge agrees with the majority's decision but for different reasons, the judge may write a "concurring" opinion.
True
In rem jurisdiction is the power of a court over the property or status of an out-of-state defendant located within the court's jurisdiction area. Group of answer choices
True
Intermediate courts of appeal exist in the Texas state court system.
True
Once a case is in the proper court system, venue determines which trial court in the system will hear the case.
True
Peremptory challenges in jury selection may not be racially based.
True
State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
True
Subject-matter jurisdiction is a court's power to hear certain kinds (or categories) of cases.
True
The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials.
True
Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following addresses the proper county? Group of answer choices
Venue
The process of choosing a jury is:
Voire Dire
The arbitrator's decision is called an monetization, even if no monetary compensation is awarded.
award
A ______ 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 judgment
Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called
long-arm statutes
The attorneys' statements made to the jury immediately after the jury is chosen are
opening statements
A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called
service of process
Perfunctory challenges allow a party to challenge a certain number of potential jurors without giving a reason. Group of answer choices
true