BUS 207 Exam 1 Study Guide

True or False: An answer can deny, but cannot admit, the statements or allegations set out in a complaint.

False

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

False

True or False: The natural law philosopher assumes that people have created laws because there is no ideal state of being.

False

True or False: There is no difference between depositions and interrogatorie

False **Depositions = oral questions answered under oath; interrogatories = written questions

True or False: In a civil case, the plaintiff must prove her case beyond a reasonable doub

False **It's "beyond a preponderance of the evidence

True or False: A decision in a case decided in a U.S. district court is final.

False **One can appeal from the U.S. district court to a U.S. court of appeal

True or False: Jury instructions are read by the judge to the jury before the attorneys make their closing arguments.

False **They are read right after the closing arguments

True or False: State appellate courts review the trial court record to determine whether the trial court correctly found the facts.

False **They can only review the record to determine whether the trial court made an error of law, not whether it made an error of fact

True or False: Decisions in cases decided in U.S. courts of appeal are final

False **This is false because one could still appeal to the U.S. Supreme Court

True or false: The Supreme Court must decide all appeals coming from the federal courts of appeals.

False **This is false because the Supreme Court has the option — it "may" (via its certiorari power/jurisdiction) elect to hear/take/decide a case

True or False: U.S. district courts have appellate jurisdiction in federal matters.

False **U.S. District courts don't; U.S. Courts of appeal have such jurisdiction

True or False: The person who files or requests an appeal is called the "appellee"

False **[It's "appellant"; the person/party who did not appeal is called the "appellee"

True or False: An arbitrator's decision typically is binding on the parties, while a mediator's decision is not.

True

True or False: A state homicide statute is both criminal and substantive.

True

True or False: Administrative agencies get the power to make law through a process called delegation.

True

True or False: One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved.

True

True or False: The United States Supreme Court can review any decision by any U.S. court of appeal.

True

True or False: The body of rules that evolved in the king's court, called the curia regis, was the beginning of the common law — law that was common to the entire realm.

True

True or False: The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law.

True

True or False: With respect to alternative dispute resolution [ADR], the trend is toward the use of ADR as an alternative to civil lawsuits

True

True or false: As a general rule, trial courts decide both questions or law and questions of fact

True

True or false: For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $75,000

True

True or false: The refusal by the United States Supreme Court to issue a writ of certiorari unless at least four justices approve of it is called the "rule of four."

True

True or False: A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc.

True Appellate courts (which are not trial courts) don't/won't do this, i.e. re-litigate the case.

True or false: A federal statute can preempt state law only when the statute explicitly says that it preempts state law

false

Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney's office. Jane initiated the second lawsuit for money and damages. Classify each legal action. a. The first case was a criminal case. The second was a civil case. b. The first case was a civil case. The second was a criminal case. c. Both cases are criminal. d. Both cases are civil.

A. The first case was a criminal case. The second was a civil case.

Civil law regulates: a. rights and duties between persons and businesses in our society. b. behavior so threatening that society outlaws it altogether. c. only public law. d. only substantive law.

A. rights and duties

Which of the following will defeat a federal administrative regulation in case of a clash between them? a. A state statute. b. A treaty. c. The common law. d. An equitable principle.

B The answer is B because a federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level

Which of the following is both civil and procedural? a. The law of negligence (which is a tort). b. A statute imposing a jail sentence for rape. c. The rules for presenting evidence at a trial. d. A statute imposing a fine for speeding.

C Negligence is civil and also substantive law, not procedural.

In case of a clash between them, which of the following will defeat a federal administrative regulation? a. A state statute b. A state constitutional provision. c. A federal statute. d. A common law rule. e. Two of the above

C The answer is C because a federal statute is passed by congress and a administrative regulation is passed by an administrative agency. The former takes precedence over the latter if there is a conflict!

Classify a state's law of contracts in terms of the following three opposed classifications: civil/criminal, substantive/procedural, and public/private. In each case, justify the choice you made

Contract law is civil because it governs disputes between private parties. It is substantive because it creates rights and duties that affect people as they act in a society. It is private because it sets out a framework of legal rules that let people determine their own rights against, and obligations toward, each other.

Statutory law is to legislative bodies as common law is to: a. England b. precedent. c. judges. d. administrative regulations

C. judges

Which of the following defeats a federal statute in case of a clash between them a. A state statute. b. A state constitution. c. An equitable principle. d. None of the above.

D. none of the above

True or False: A party who receives a favorable judgment after a trial cannot appeal that judgment.

False **technically, a plaintiff who obtains a favorable $$$ jury verdict — but not as high/favorable as he/she hoped — can appeal that award!

True or False: A mini-trial is a procedure used by courts to reduce caseloads

False A mini trial is a form of ADR that the parties agree to use/undertake to settle their dispute.

True or False: Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts

False Cases can also originate in federal courts under and pursuant to diversity jurisdiction

True or False: The largest source of new law is created by court decisions.

False The answer is false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc., and they look to courts (via their written appellate decisions) to fill in these gaps, interpret vague and ambiguous statutes, etc.

True or False: A motion to dismiss can be filed by one of the parties provided the parties agree on all the facts of the case.

False This question is a red-herring. "Agreeing on all the facts of the case" has nothing to do with whether a motion to dismiss can be filed by a party

True of false: The government cannot be a party to a civil suit

False; for example, you can sue the govt for money damages

Administrative agencies are sometimes referred to as the fourth branch of government. Explain

In reality, most business persons have much more contact with and need to be more aware of various administrative regulations that directly affect their business operations as opposed to general principles of law. Thus, a business that wishes to sell food at retail must comply with many, many regulations before it can open the business and to stay in business. Since Congress (and state, county, and municipal) agencies have grown so much over the years and have so much power over the daily operations of business, such agencies are sometimes called by some as our fourth branch of government.

Laura Landowner visits Fred Halfbright, an attorney, with a problem. "My neighbor is intentionally letting his geese run over my property," she says. "What can I do about it?" "Maybe you've got a suit for trespass to land," Fred replies, "but let me do some research." One week later, Fred tells Laura that there's nothing he can do. "The doctrine of stare decisis says that like cases should be decided alike," he says, "but I can't find a real precedent for your case. I've been able to find intentional trespass cases involving sheep, goats, and even chickens, but I can't find a goose case." Has Fred intelligently applied the doctrine of stare decisis? Why or why not?

No, Fred has not intelligently applied the doctrine of stare decisis. The tort of intentional trespass to land presumably exists to enable people to control conditions on the land they own (which should include a right to exclude intruders). If this is the relevant purpose, and there is a liability for trespassers by the various animals described earlier, why shouldn't there also be liability for trespassers by geese? In other words, Fred has made what lawyers call an artificial distinction: one without a point, purpose, or moral justification. In this context, what's the difference between intrusion by chickens and intrusion by geese? (None really.)

It is the year 2012, and a Supreme Court is about to issue a decision on the constitutionality of a state statute forbidding sexual relations between humans and animals. Rita Righteous, a Supreme Court justice, was well known for her natural law views before she arrived on the court, and she still holds them. From this fact alone, can you predict how Rita will vote on this issue? If not, what else would you need to know? Assume that under natural law principles, it is all right for judges to let those principles dictate how they will decide legal matters.

No, we cannot predict Rita's decision merely the fact that she believes in natural law. The crucial thing here is the content of her natural law. If it has a strong libertarian content — if it involves strong natural rights of a "personal" nature — this would push toward invalidating the statute. But if she adheres to a form of natural law (Aquinas' conception?) that would condemn sexual relations with animals, then she would regard the statute as a just law that ought to be enforced and obeyed.

Sometimes it is said that statutory law really means little until it has been tested by the Courts. Explain

Statutory law, also known as codified or black letter law, may be subject to various interpretations until it is finally brought before a court. The court will determine if the statute is constitutional (if the law is challenged on that ground) and will interpret its application relative to the fact situation presented. Once done, this creates precedent and gives the public, lawyers and other judges as to how the law has been interpreted by the court. Other courts may interpret the law slightly differently given different fact situations; however, via the process of judicial review the statute becomes binding relative to the way in which the courts have interpreted it.

Give an example of how English legal history is intertwined with our current American legal institutions.

The Doctrine of Stare Decisis, the use of a jury system, the use of mediation, the concept of collective responsibility, land is unique, and knowing and attacking procedural law is just as important as knowing the substantive law.

The Civil Rights Act of 1964 made discrimination on the basis of race, sex, religion, and national origin illegal in employment practices. The Equal Opportunity Commission (EEOC) was created by Title VII of the Act. The role of the EEOC is a federal Agency that investigates claims of unlawful employment discrimination. If there is a finding of reasonable cause to believe the charge is true, the EEOC may negotiate a settlement on behalf of the injured party or may bring suit to stop the unlawful activity. How would you best describe these rules and regulations that govern the operations of the EEOC? What type of law is this?

The EEOC is a federal administrative agency created by Congress to investigate and if necessary litigate Title VII disputes. First the EEOC will conduct a preliminary investigation to determine if there is a probable cause of discrimination. If there is probable cause, then the EEOC will attempt to eliminate the unlawful practice through informal methods. If that doesn't work the EEOC has the authority from Congress to file suit in the appropriate federal court. The EEOC must investigate the claim first before the claimant can file a suit in federal court. These are administrative laws.

The Doctrine of Stare Decisis is very important to the common law and our American Legal System. Explain how and why the common law developed, and the importance of stare decisis to it.

The common law developed in England and as judges and lawyers began to record decisions, those prior cases set precedence for the cases that followed. The doctrine of stare decisis means "let the decision stand." It makes the law more predictable, more equitable, and economizes the legal process.

In the early morning hours of June 7, Willie Pruitt and Daniel Lopez were in and around a Hy-Vee Food Store. While on the Hy-Vee premises, Pruitt displayed a knife and shoved a customer entering the store. At least one HyVee employee, who was familiar with Pruitt and Lopez, spoke with them and determined they had been drinking and had weapons. Pruitt and Lopez left the Hy-Vee and went to the Kwik-Shop convenience store next door. It was there that Pruitt and Lopez got into a fight with Thomas Davis. Davis was pumping gas into his car at the Kwik-Shop when Pruitt approached him and the fight ensued. Lopez stabbed Davis in the back paralyzing him. Davis brought an action against Kwik-Shop and Hy-Vee alleging that each store had a duty to control Pruitt and Lopez and to protect him from harm. Is this lawsuit a civil or criminal lawsuit? What are the characteristics of each type?

This is a civil lawsuit in tort. The characteristics of a civil lawsuit include the following: --The lawsuit is to determine the duties between parties. --The source of tort law is generally common law. --Money damages are typically sought. A money judgment is paid by one party to the injured party. Criminal lawsuits: --The government prosecutes the lawsuit. --Incarceration and/or fines are possible outcomes. --The burden of proof is stricter; beyond a reasonable doubt. In a civil case, it is beyond a preponderance of the evidence.

In 1993, President Clinton lifted the so-called "gag rule" which forbid abortion counseling in federally funded family planning clinics. From what source did President Clinton derive this power?

This is an example of an executive order. An executive order is an order issued by a member of the executive branch of the government. This power is delegated by the legislative branch and is implied from the U.S. Constitution.

Peggy Lou filed a lawsuit against "We Fix 'Em Rite", an auto body shop, for the sloppy paint job it did on her 2000 BMW. Once the lawsuit was filed with the appropriate clerk of court, Peggy Lou personally dropped a copy of the lawsuit in the mail. "We Fix 'Em" says it never received notice of the lawsuit. Local court rules require that a lawsuit be served by an independent process server or by the sheriff's department. Is this an example of substantive law or procedural law? Explain the difference.

This is an example of procedural law. It is the law that establishes the process for conducting the lawsuit. In this instance, the rule specifying the method and manner of service of process is to make sure that the defendant does in fact have notice of the lawsuit. The sheriff's department or the process server would submit an affidavit to verify the defendant was given notice of the pending lawsuit.

True or False: A treaty defeats an inconsistent state constitutional provision in case of clash between them.

True; it does so because of the Supremacy Clause in the US Constitution

Which of the following is both civil and substantive law? a. A state's common law contract law. b. A state murder statute. c. A state's rules for the conduct of a civil trial. d. A state's rules for appealing a civil judgment.

a. A state's common law contract Note: 'B' is criminal and substantive. 'C' is civil and procedural. 'D' is also civil and procedural

Which of the below statements is correct? a. ADR, with exceptions, is a voluntary process on the part of both sides. b. ADR allows the parties more latitude to discover information about the other side than does formal litigation procedures. c. ADR eliminates the need for lawyers to be involved in the resolution of disputes. d. ADR has been criticized as a process that forces the parties to reach a solution may be unsatisfactory to both since neither party wishes to risk going to court.

a. ADR, with exceptions, is a voluntary process on the part of both sides.

. Which of the following is not a source of law? a. State constitutions passed by popular vote. b. Ordinances passed by a city council. c. Rules issued by an administrative agency. d. Rules issued by a chamber of commerce.

d. Rules issued by a chamber of commerce.

Which of the following comes earliest in the course of a civil case? a. The answer. b. The motion for summary judgment. c. The motion to dismiss. d. The motion for a directed verdict.

a. The answer.

When there is a case with no binding precedent, a court a. cannot refuse to decide a case b. can postpone to decide the case. c. can postpone deciding the case until there is a precedent. d. can postpone deciding the case indefinitely.

a. cannot refuse to decide a case

In a civil case, the plaintiff must prove her case by evidence showing she is: a. entitled to prevail on her claim on grounds that she is, at a minimum, slightly more entitled than the other party to prevail. b. clearly entitled to prevail on her claim. c. entitled to prevail on her claim by clear and convincing evidence. d. entitled to prevail on her claim beyond a reasonable doubt.

a. entitled to prevail on her claim on grounds that she is, at a minimum, slightly more entitled than the other party to prevail. **The answer is 'A' because this is the preponderance of the evidence standard. It's just rephrased/in different words!!

An administrative regulation: a. has the same legal effect as a statutory law created by Congress. b. is legally binding on the specific businesses targeted by the regulation but is not binding on non-specified individuals. c. has no legal effect until ratified by a court. d. can only be interpreted and enforced by the administrative agency that created the regulation.

a. has the same legal effect as a statutory law created by Congress.

Immediately after the plaintiff has finished presenting her case to the judge/jury at trial, the defendant may move for a a. motion for a directed verdict. b. motion for a summary judgment. c. motion for a judgment n.o.v. (notwithstanding the verdict). d. motion for a judgment on the pleadings.

a. motion for a directed verdict.

Legislation is a synonym for a. statutory law. b. stare decisis. c. administrative law. d. case law.

a. statutory law.

About how many cases does the United States Supreme Court actually decide to hear in any given year? a. 30 to 40 b. 50 to 60 c. 175 to 200 d. 550 to 600

b. 50 to 60

Which of the following cases would involve private law? a. A citizen refuses to pay income tax. b. A person sues another person to recover for injuries received in an automobile accident. c. A person is arrested for burglary. d. A citizen refuses to vote.

b. A person sues another person to recover for injuries received in an automobile accident.

There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it? a. Inherent authority. b. Delegation. c. Stare Decisis. d. Executive power.

b. Delegation

Does a jury hearing a civil case have to reach a unanimous verdict? a. Yes. b. It depends on state law. In some states a unanimous verdict is required; in other states it is not. c. It depends on whether or not the parties can agree to have their case decided by less than a unanimous verdict of the jury; if not, then the decision must be unanimous. d. No. Every state has passes legislation allowing for a super majority of the jury to be sufficient in a civil case.

b. It depends on state law. In some states a unanimous verdict is required; in other states it is not. **In California we require verdicts to be at least 9-3 (we have, usually, 12 member jury panels in civil cases); Note: that in criminal cases, the verdict must be unanimous

Which of the following will give a state trial court the power to hear a civil case? a. Diversity jurisdiction and in rem jurisdiction. b. Subject-matter jurisdiction and in rem jurisdiction. c. In personam jurisdiction and in rem jurisdiction. d. Long-arm jurisdiction and in rem jurisdiction.

b. Subject-matter jurisdiction and in rem jurisdiction. **Note that diversity and federal question jurisdiction relate to federal courts, not state courts!

For federal "diversity" jurisdiction to exist: a. The case must begin in a federal court of appeals. b. The amount in controversy must exceed $75,000. c. The plaintiff and the defendant must each be citizens of the same state. d. The case must involve a controversy between two different states.

b. The amount in controversy must exceed $75,000.

Which of the following courts normally determines both legal and factual issues? a. State supreme courts. b. The federal district courts. c. The federal courts of appeals. d. State intermediate appellate courts.

b. The federal district courts.

Which of the following normally comes latest in the course of a civil case? a. The answer. b. The motion for a directed verdict. c. The motion for a summary judgment. d. The motion to dismiss.

b. The motion for a directed verdict.

Which of the following basically involves a "mini-trial" or a "trial by affidavit/paper"? a. The answer. b. The motion for summary judgment. c. The motion to dismiss. d. The motion for a directed verdict.

b. The motion for summary judgment.

Potter sues Davis for "aesthetic pollution." The basis for his suit is Davis's extreme ugliness. Potter's complaint details Davis's ugliness in many separate, numbered paragraphs. Potter's suit, however, does not stand a chance, because no legal rule requires one to pay damages for being ugly and for causing aesthetic dissatisfaction to some other party. Thus, Davis wants to defeat Potter's case as fact as possible. His best procedural device for doing so is: a. The answer. b. The motion to dismiss for failure to state a claim upon which relief can be granted (or demurrer). c. The motion for summary judgment. d. The motion for judgment notwithstanding the verdict. e. Discovery.

b. The motion to dismiss for failure to state a claim upon which relief can be granted (or demurrer).

Which statement is true? a. Federal district courts hear appeals from state courts. b. There is at least one federal district court in each state. c. Federal district courts include bankruptcy and tax courts. d. Federal district courts are appointed by Congress.

b. There is at least one federal district court in each state. **A is not right and is a red herring; C is not correct because bankruptcy, tax courts, etc. are "specialized" federal courts, they are not general federal district courts. D is not correct because it is not Congress, it's the President

Federal trial courts are called a. circuit courts. b. district courts. c. municipal courts. d. superior courts.

b. district courts. **Federal trial courts are called federal district courts. Federal appellate courts are called federal courts of appeal!!

When an appellate court hears a case: a. it will hear the testimony of key witnesses. b. it will listen to oral arguments of the attorneys and read briefs completed by each attorney. c. it will review the transcript of the trial and review the court file to determine whether the facts were correctly determined by jury. d. all of the above are correct.

b. it will listen to oral arguments of the attorneys and read briefs completed by each attorney.

Federal cases originate (i.e., start/are filed) in a. the U.S. courts of appeals. b. the U.S. district courts. c. the U.S. Claims court. d. the U.S. Court of Federal Claims.

b. the U.S. district courts.

Which of the following will not give a state trial court the power to hear a civil case? a. Subject-matter jurisdiction plus in personam jurisdiction. b. Subject-matter jurisdiction plus in rem jurisdiction. c. In personam jurisdiction plus in rem jurisdiction. d. All of the above will give a state trial court the power to decide a civil case.

c. In personam jurisdiction plus in rem jurisdiction.

Which of the following types of law is made by legislature? a. Administrative regulations. b. Executive orders. c. Statutes. d. Two of the above.

c. Statutes Note that administrative agencies, which are created via acts of legislatures, create/make administrative rules and regulations.

Which of the following is not a recognized method of alternative dispute resolution (ADR)? a. The mini-trial. b. Court-annexed arbitration. c. Summary judgment d. Summary jury trial.

c. Summary judgement **Remember that C is a motion that one of the parties brings before the trial starts and after discovery closes; it's not a form of ADR!

Which of the following motions, if granted by the judge, basically "takes the case away from the jury" and gives a judgment to one party during the trial (i.e., while the trial is still in progress)? a. The motion to dismiss. b. The motion for summary judgment. c. The motion for a directed verdict. d. The motion for a new trial.

c. The motion for a directed verdict. **Remember that this is the motion normally made by the defendant in open court right at the end of/when the plaintiff finishes putting on his/her case.

Federal courts have exclusive (i.e. sole) jurisdiction in cases involving a. patents and copyrights. b. bankruptcy. c. both a and b. d. none of above.

c. both a and b.

A court can enter a summary judgment (i.e., grant a party's motion for summary judgment) only if: a. both sides have clearly stated their arguments and their version of the facts. b. both sides have agreed on the appropriate law to be applied but disagree as to the facts surrounding the case. c. both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied. d. both sides agree on the facts surrounding the case and how the law should be interpreted relative to the facts.

c. both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied.

Which of the following comes latest in the course of a civil case? a. The answer. b. The motion for summary judgment. c. The motion to dismiss. d. The motion for a directed verdict.

d. The motion for a directed verdict.

Your next-door neighbor is a resident of your state. One night, he drives over a portion of your property causing substantial damage to your lawn. You could sue your neighbor in your state court. a. only if your state has a long arm statute covering automobile accidents. b. only if your state has a probate court. c. by asking the court to assert in personam jurisdiction over you neighbor. d. by asking the court to assert in rem jurisdiction over your neighbor.

c. by asking the court to assert in personam jurisdiction over you neighbor.

Randi lives in Oregon. She was involved in a car accident while in Idaho. The man who hit her car lives in Wyoming and he has never been to Oregon or done business there. Randi wishes to sue the man for negligence (i.e., a claim that arises under state law, not federal law) to recover the $28,000 it cost to repair her car. Of the choices listed below the most appropriate court for her to file her lawsuit in is: a. in a federal court in Idaho. b. in a state court in Oregon. c. in a state court in Wyoming d. in a federal court in Oregon

c. in a state court in Wyoming ** Remember that the defendant lives in Wyoming so obviously a state court in Wyoming has personal jurisdiction over him!! The plaintiff (Randi) obviously won't be excited to go to Wyoming and sue, but that is her only choice under the listed answer options to the question. Also, remember that the defendant could be sued in a STATE court in Idaho (as the accident took place there and per Idaho's long arm statute), but that is not one of your answer options in the question!! The defendant can't be sued in Oregon because he does not live there, nor did he go there and conduct any business activities (and therefore Oregon's long arm statute can't be used against him!).

Under our legal system, it is possible that a particular lawsuit could be heard a. only by a state governor. b. only by the attorney general. c. in either a state court or a federal court. d. by Congress and a state court.

c. in either a state court or a federal court.

Big Corp. is incorporated under Nevada law and has its principal place of business in Texas. Adam, a resident of Texas, wants to sue Big Corp. relative to a product liability claim. Adam is suing for $1 million. The injury occurred in Texas. a. Adam may sue Big Corp. either in a Texas state court or a federal court. b. Adam must sue Big Corp. in a federal court. c. Adam may sue Big Corp. in a Texas state court but Big Corp. may have the case removed or transferred to a Texas state court. d. Adam must sue Big Corp. in a Texas state court.

d. Adam must sue Big Corp. in a Texas state court.

The federal court system is composed of a. trial courts. b. appellate courts. c. The United States Supreme Court. d. All of the above.

d. All of the above.

State trial courts: a. Do not decide factual questions. b. Always have subject-matter jurisdiction if the amount in controversy exceeds $75,000. c. Both arbitrate and mediate disputes. d. Decide questions of fact and questions of law.

d. Decide questions of fact and questions of law.

The federal district courts: a. Hear appeals from the federal courts of appeals. b. Only hear cases that involve questions of federal law. c. Do not make factual determinations and only consider legal issues. d. None of the above.

d. None of the above. **Re: B remember that they also hear and decide diversity cases! Re: C remember that appellate court do this, not trial courts like federal district courts

Which of the following motions is made at trial and, if successful, basically "takes the case away from the jury" by resulting in one party's winning a civil case? a. The motion to dismiss. b. The motion called a demurrer. c. The motion for a summary judgment.

d. The motion for a directed verdict. ** And, all of the other motions listed are filed and heard BEFORE a trial takes place!!

Curtis filed a lawsuit against Ulhoff to repay $1,000 according to the terms of a promissory note. The trial ended before it began with the trial judge granting a motion for summary judgment (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) in favor of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has "remanded" the case. This means: a. Curtis automatically wins because he won in the lower court. b. Ulhoff automatically wins because he lost in the lower court. c. Neither party wins because the case is being thrown out. d. We don't know who wins yet because the case is being returned to the trial court for additional consideration.

d. We don't know who wins yet because the case is being returned to the trial court for additional consideration

A state superior court can hear a case even if it involves a. citizens of two different states. b. more than $75,000. c. a question involving the application of state law. d. all of the above

d. all of the above **Now, as a practical matter the case might be filed by the plaintiff in a federal court, but, note under this question and these facts, if the plaintiff so chose, he/she could file the case in state court.

A state court system can include a. trial courts. b. appellate courts. c. a supreme court. d. all of the above.

d. all of the above.

The term of office for a federal judge (which includes a US Supreme Course justice) is a. four years. b. six years. c. fourteen years. d. life

d. life **Supreme Court judges, like all federal judges, are appointed for life!

The doctrine of stare decisis a. applies only to decisions rendered by the Supreme Court of the United States. b. prevents a court from following a rule it established at an earlier date in a case with similar issues and facts. c. prevents different states from following different precedents once one state has established a rule of law. d. none of the above

d. none of the above