QUIZES FROM TEST 2

For a plaintiff to establish the required standing to sue, they must allege __________.

A personal stake in the resolution of the controversy.

Matt damages Cal's house in a motorcycle accident. Cal incurs $120,000 in property damages. To recover his losses, he wants to sue Matt. In the scenario, Cal is most likely to file the initial lawsuit in _______.

A state trial court

Which of the following is a true statement about dissenting opinions written by the justice of the Supreme Court?

Dissenting opinions should not be ignored, as they may become vital to law in the future.

A(n) __________ occurs when a court official seizes some property of a debtor, sells it at public auction, and applies the proceeds to a creditor's claim.

Execution of a judgment

Which of the following statements is true of depositions?

It is the most expensive method of discovery

When the result of a lawsuit at the trial court level is appealed, the successful party in the trial court is called the __________.

appellee

Writs of certiorari are likely to be granted in cases ________.

Where there is an obvious conflict between decisions of two or more US circuit, courts of appeal in an important area of the law that needs clarification.

The US Supreme Court's decision in Iancu v. Brunetti _______ a federal circuit court decision relation to the registration of an "immoral and scandalous" trademark.

affirmed

After a plaintiff has presented their evidence, a defendant may make a motion __________, which is granted if the evidence, taken in the light most favorable to the plaintiff, establishes that the defendant is entitled to a verdict as a matter of law.

for a directed verdict

In a state court, the party who is dissatisfied with a jury's verdict is most likely to file a posttrial motion with the trial court judge seeking a __________.

judgment notwithstanding the verdict

And filed a lawsuit against Larry in the US District Court in California. She was not represented by an attorney. She claimed that Larry failed to perform on an agreement that she had with him. And paid Larry $80,000 to remodel her home in Los Angeles. Larry, a resident of San Diego, took the money, but never showed up to remodel her home. Aunt's case is dismissed by the federal court. Which of the following is an accurate statement as to why Ann's case was dismissed?

Ann's case does not present a federal question and she and Larry are both from California

Susan has been sued in federal court by her former employer, Terry, who is a lawyer. Susan's attorney reviews the complaint and concludes that the lawsuit is frivolous. In this case, Terry may __________.

Be fined under rule 11 of the federal rules of civil procedure

Which of the following causes problems in determining whether diversity of citizenship exist in cases involving business corporations?

Business corporations are frequently incorporated in one state, and have their principal place of business in another state.

The rules of evidence, protect confidential client communications to a lawyer in order to ___________.

Encourage full disclosure by clients

Those who believe that the power to exercise judicial review, should not be used, except in unusual cases, are said to believe in ________.

Judicial restraint

In most states, a juries decision must be unanimous because ________.

Many believe that the truth is more nearly to be found, if the jury acts only on one common conscience

Terrell files a negligence complaint against Chad with the court clerk. After Terrell receives an answer from Chad, Terrell believes that he can win based solely on his original complaint and Chad's answer. In this case, Terrell is most likely to file a __________.

Motion for judgment on the pleadings

Which of the following is a motion that asks the judge to enter a judgment based on the pleadings, affidavits, and other evidence presented prior to trial?

Motion for summary judgement

__________ means either that a case has been decided on appeal or that the time for appeal has expired and a cause of action finally determined by a competent court cannot be litigated by the parties in a new proceeding by the same court or in any other court.

Res judicata

If the time limit during which the defendant is subject to suit has expired, the defendant may argue that the suit should be dismissed before trial based on the __________.

Statute of limitations

Which of the following would not be part of the appellate process?

The appellate court reevaluates the credibility of witnesses and makes new factual findings

Which of the following statements is true of peremptory challenges?

The number of peremptory challenges allows varies from court system to court system.

Determining the jurisdiction of a corporation, which two factors are considered?

The state of incorporation in the state where it has its principal place of business

Which of the following statements is true of the role of judges in US courts?

They apply the law to the facts of the case.

Which of the following statements is true of state-level reviewing courts?

They are essentially concerned with questions of law

Ellis, a resident of New York, wants to bring a tort claim against Timothy, a resident of Texas, for damage to Ellis's house in New York. To use a long-arm statute to obtain personal jurisdiction over Timothy, the New York court must find that __________.

Timothy committed the tort in New York

If a defendant does not respond in any way to a complaint, the court may enter an order of __________ and grant the plaintiff the relief sought.

default

A lawyers first duty is to ______.

the administration of justice