LEGL 211: Module 3

justiciable controversy

A controversy that is real and substantial, as opposed to hypothetical or academic, is called a _____ controversy.​

Federal courts have exclusive jurisdiction in which of the following subject matters?​

Bankruptcy

Which of the following is a legal error at the trial court level that is significant enough to have affected the outcome of the case​

Reversible error

real property

________ property is land and things permanently attached to the land.

Which of the following is not an example of real property?​

a car

​____ is a legally acceptable reason, raised by the defendant in a lawsuit, as to why the court should not grant the plaintiff the remedy that the plaintiff is seeking.

a defense

​Fred is guilty of assault and battery. This is an example of which of the following?

a misdemeanor - INCORRECT

​A tort feasor is

a person who commits a tort

​Which of the following notions could provide the basis for a tort?

a wrong and compensation

In a ________, each party's attorney briefly argues the party's case before representatives of each firm who have the authority to settle the dispute.​

mini-trial

The Supreme Court has _____ justices.​

nine justices

​Which of the following is not a defense to assault and battery charges?

none are correct: ​Consent ​Defense of others self-defense

Attorney Rock files an auto negligence case in the county circuit court. All of the parties are residents of the same state, and the trial will take place before the county court. What type of jurisdiction does the county court have?​

original jurisdiction

​A store can defend against detaining a suspected shoplifter by arguing

probable cause

When Great-Aunt Wilma passes away, there is a controversy over the transfer of her assets and debts. The court that hears this case is a(n) _____ court.​

probate court

With intentional torts, ____ damages are sometimes awarded in addition to compensatory damages.​

punitive

The duty of care in tort law is measured under which of the following standards?​

reasonable person

​Andy runs a red light and gets a ticket. He claims that the light was still green when he went through. His case will be heard by which type of court?

small claims court - INCORRECT

Which of the following is not an example of a court of limited jurisdiction?​

supreme court

​A child's parent has standing to sue if his or her child is injured by a defectively manufactured toy because​

the child is a minor

​Tort law is concerned with which of the following?

​Compensating those who have suffered injuries as a result of the wrongful conduct of others

Defenses to negligence include which of the following?​

​Contributory negligence, comparative negligence, assumption of risk

​Elements of false imprisonment do not include which of the following?

​Harmful or offensive physical contact intentionally performed

Which of the following is true of in rem jurisdiction?​

​It allows courts to exercise jurisdiction over property that is located within its boundaries.

Which of the following is true regarding subject-matter jurisdiction?​

​It is a limitation on the types of cases a court can hear.

Which of the following statements is false regarding state systems of courts?

​Judges in the state court system are sometimes appointed. ​Judges in the state court system are sometimes elected by voters. ​[Judges in the state court system are never elected by voters.] ​None of these choices is correct.

____ ​occurs when a false statement is communicated to a third party orally; ____occurs when the falsity is conveyed in writing or another published form.

​Slander; libel

The federal court system consists of which of the following courts?​

​The district court, court of appeals, and Supreme Court

venue

​The geographic district or location in which a case is tried and from which the jury is selected is called

Which of the following is not an element of trespass to land?​

​There is damage suffered by the plaintiff. -INCORRECT

In rem jurisdiction

"Jurisdiction over the thing" is known as which of the following?​

appropriation

Use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the use, is which of the following torts?​

​Cease-and-desist order

Which of the following is an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal?​

The U.S. district courts have jurisdiction over which cases?​

all are correct: Federal question cases ​Diversity-of-citizenship cases ​Federal criminal law cases

​Which of the following is an element of intentional infliction of emotional distress?

all are correct: Outrageous conduct by the defendant ​Severe emotional distress by the plaintiff intent

Which of the following is a tort against property?​

all are correct: Trespass to personal property ​Conversion ​Trespass to land

​Examples of intentional torts which of the following?

all are correct: ​Assault and battery ​Appropriation Defamation ​False imprisonment

​Which of the following is American law based on?

all are correct: ​Case decisions and legal principles that form the common law ​The federal Constitution ​State constitutions

Which of the following is true of the U.S. courts of appeals?​

all are correct: ​District court decisions are appealed to the circuit in which the district court is located. ​There are thirteen circuit courts of appeals. ​Decisions of the court of appeals may be appealed to the United States Supreme Court.

A court system is a feature of which of the following?​

all are correct: ​Each of the fifty states ​The District of Columbia ​The federal system

​Which of the following is important when deciding whether a case should be filed in state or federal court?

all are correct: ​The likelihood of winning in each court ​The costs and procedural rules involved in filing in each court ​The length of time it will take each court to decide the case

Which of the following is a task of the mediator in mediation?​

all are correct: ​To emphasize points of agreement ​To help the parties evaluate their positions ​To propose solutions

Silent Sam approaches you in a dark parking lot with a gun in his hand and says, "Give me your money or I'll blow your head off." Which of the following torts has he committed?​

assault

​Sarah yells, "I'm going to punch you!" at Laura and then punches Laura. Sarah is guilty of which of the following?

assault only- INCORRECT

In ______, both parties, their attorneys, and any professionals working with the parties agree to meet to resolve all of their issues without litigation.​

collaborative law

​Which of the following is not an example of an intentional tort?

forgery

Which of the following is not a theory of product liability?​

garnishment

Court deadlines are ____ rules.​

hard rules

Before any court can hear a case, it must have _____ over the person against whom the suit is brought or over the property involved in the suit as well as over the subject matter.

jurisdiction