BLAW Chapter 2
The Class Action Fairness Act requires that suits be heard in federal court if there is diversity of citizenship and an amount in controversy that exceeds
$5 million
When might the US Supreme Court choose to hear a case?
If several courts of appeals have come to conflicting decisions on similar cases if the highest state court ruled on a case that dealt with the validity of a federal statute
A small claims court offers a quick and inexpensive and easily accessible forums for settling disputes. True false question.
TRUE
On appeal, facts are generally accepted as true unless it is claimed that Multiple select question.
There was no competent evidence at the trail to support a finding of fact the judge did not grant a motion that should have been granted
When the defendant is answering the complaint against them, the defendant can claim
a counterclaim affirmative defenses
If the defendant fails to appear then the plaintiff is entitled to
a default judgment
Decisions of an appellate court are based on
a majority rule
When the plaintiff's testimony is completed a defendant can ask for Multiple choice question.
a motion for directed verdict
Reasons that a party may appeal a case include Multiple select question.
a party believes the evidence does not support the court's decision a party claiming an error of law
Arbitration is different than mediation because
a third party decides an outcome
Courts do not hear cases that are
advisory in nature hypothetical moot
When a case is appealed to an appellate court, the court may
affirm the lower court reverse and remand the lower court ruling reverse the lower court
When do attorney's make their opening statements
after the jury is selected
Trial courts generally
are general jurisdiction courts are courts of record
States have _________ district courts within their geographic location.
at least one
There have been numerous complaints associated with the harm associated with class action lawsuits including Multiple select question.
attorney are awarded large fees and plaintiffs receive little of the award state and local courts have been accused of keeping cases out of federal court
Jurisdiction generally is
authority of a court to hear a dispute
The burden of proof on the state in a criminal trial is
beyond a reasonable doubt
Courts with general jurisdiction can be called
circut district or county
Trial courts can be divided to hear
civil or criminal cases
To close the case, the attorneys for both sides make
closing arguments
Which of the following are associated with the pleadings?
complaint answer
A body of procedural law that provides for rules for a federal court to follow when deciding which state's law to use when deciding a diversity case is known as
conflict of laws
Failing to follow a court's order is known as
contempt of court
A defendant can file a(n) _________________ , a new claim indicating that the plaintiff owes the defendant damages because of harm alleged in the complaint
counterclaim
When a defendant is filing an answer, the defendant can _______ the allegations
deny admit
Examinations of one party under oath in the presence of an attorney is called
depositions
The job of an appeals court generally is to
determine if legal errors occurred in the trial
What has been the biggest cost increase in lawsuits
discovery procedures
Lawsuits, at the federal level, generally start in which court Multiple choice question.
district courts
When the US Supreme Court receives a writ of certiorari the court
does not have to hear the case
When all judges of a court of appeals hear a case this is called
en banc
The Federal Arbitration Act makes both the agreement of parties to arbitrate and the resulting arbitration award
enforceable in court
Even though the Supreme Court generally supports arbitration, courts will look at contracts that contain arbitration for
ensuring public interests are protected fairness to the parties
The goal of a mediator is to
facilitate the mediation
Courts of appeals hear appeals from Multiple select question.
federal administrative agencies district courts
The first step in filing a lawsuit is to
file a complaint
Online dispute resolution is best used
for disputes that are long distance
The purpose of discovery in a lawsuit is to
gather evidence to use at trial
Venue is the
geographic location a suit may be heard
When the plaintiff files the complaint it must Multiple select question.
give the defendant reasonable notice that they are being sued indicate that there are sufficient facts that entitle plaintiff to legal relief
Private judging is the dispute resolution process of
hiring a private judge to render a binding opinion
If a jury cannot come to a verdict this is known as a
hung jury
If a plaintiff brings a suit in state court, a defendant has the right to remove the case to a federal court if
if the amount of the dispute is over $75,000 the plaintiff and defendant are from different states
When might a court set aside an arbitrators award
if the judge believes the arbitrator acted arbitrary or capriciously if the dispute was not arbitrated under the agreement
Arbitration can be used
instead of mediation after mediation fails
Written answers to questions supplied by an opposing party that are submitted under oath are called
interrogatories
Trial courts can be divided into criminal and/or civil cases along specialized courts such as
juvenile courts probate courts divorce courts
The function of a judge in an adversary system is
keep order in the courtroom be unbiased and passive
Once the defendant presents his evidence, the plaintiff can Multiple select question.
make a motion for a directed verdict cross exam the witness
The judge in an adversarial system is responsible to
make sure the correct application of law is followed
When an appeals court is reviewing a case, it is reviewing
material errors of the trial
Less common forms of alternatives to trials to help settle disputes include
med/arb ombudsperson online dispute resolution
A case is ______________ when the events surrounding the filing of the case are no longer at issue
moot
A losing party in a civil trial can file a _______________ which says that no reasonable jury could have come to the conclusion they did based on the evidence.
motion for judgment not withstanding the verdict
Instead of filing an answers, the defendant can file a
motion to dismissx
Lawsuits can have
multiple plaintiffs and multiple defendants only one plaintiff but multiple defendants only one plaintiff and one defendant
The purpose of the pretrial conference is to
narrow the issues for trial agree to material facts help facilitate a settlement
When a court receives an arbitration award in the case, it will generally
not question the wisdom of the arbitrator
To serve as a basis for appeal the attorney must have
objected to the judge's action at the time the error was alleged
The appellate process generally allows
oral arguments briefs filed by the attorneys
The goal of an attorney in an adversary system is to
persuade the jury advocate for their client persuade a judge
At the pretrial conference, the judge will try to
persuade the parties to settle the dispute help the parties stipulate to the facts
If a default judgment is entered against the defendant this has the same effect as if the Multiple choice question.
plaintiff had won in court
This is the body of legal rules that govern how a case proceeds
procedural law
One of the biggest drawbacks of alternatives to settling disputes is
procedural safequards
The American Arbitration Association
provides lists of available arbitrators
Being a "litigious society" means:
quick to file a lawsuit
In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim
reply
In some jurisdictions, plaintiffs are required to _________ to the defendant's affirmative defense or counterclaim Multiple choice question.
reply
Private judges are generally
retired judges
Reasons that business people have turned to negotiation to settle their disputes include:
save money save time
Reasons that business people have turned to negotiation to settle their disputes include:
save time save money
Reasons that businesses and people choose ADR include:
saves personal resources saves money saves time
In high profile cases the jury may be ____________ which does not allow the jury to leave the supervision of the court Multiple choice question.
sequestered
A summary jury trial has a _______________________ that hears a shortened presentation of the case by the lawyers and renders and advisory verdict
six member mock jury
A(n)___________ courts offer a quick and inexpensive and easily accessible forums for settling disputes Multiple choice question.
small claims
State Appeals Courts hear cases from
state trial courts
One of the goals of the judge in a pretrial conference is to get the parties to ___________ the facts
stipulate to
The main difference between a mini trial and a summary jury trial is that
summary jury trials are guided by a court
Appeals from a district court are taken to
the US courts of appeal
One of the biggest differences between mediation and arbitration is that
the arbitrator decides the outcome
The goal of opening statements at a trial is for
the attorney to explain their clients case
When all of the pleadings have been completed
the case is set on the court's calendar
In order for a class action law suit to ensue as a representative class, the class must show Multiple select question.
the class of participants will fairly and adequately protect all members of the class the class of participants has a common question of law or fact the class is so numerous that joining all members is impracticable
Congress passed the Class Action Fairness Act in regards to concerns that class action lawsuits were undermining
the concept of diversity the national judicial system interstate commerce
In an adversary system of justice, who plays a key role in the outcome of a dispute Multiple select question.
the judge the lawyers
A concurring opinion filed by a justice means that
the justice agrees with the ruling but not the rationale of the majority
When a justice or group of justices issue concurring or dissenting opinions this means that
the opinion has no legal effect the opinion cannot be cited as precedent
During testimony, the opposing attorney can object to the evidence and a judge will rule if the evidence is allowed under
the rules of evidence
During testimony, the opposing attorney can object to the evidence and a judge will rule if the evidence is allowed under Multiple choice question.
the rules of evidence
The Class Action Fairness Act mandates that a judge must hold a hearing and make a written finding that
the settlement is fair and reasonable the lawyers adequately represented the class
Venue rules are decided by
the state government
Jurisdiction of a court to hear a case can be limited based on
the subject matter of the dispute
Trial courts are different than inferior courts in that
they are not limited by the amount of damages they award
Pleadings serve what function in a dispute Multiple select question.
they serve as the basis of a trial inform parties of the other party's claims
The basic purpose of procedural law in the adversarial system is
to ensure fairness to the participants
When a case is appealed, the ___________________ of the entire proceeding is forwarded to the appeals court Multiple choice question.
transcript
Which of the following would most likely contain an arbitration clause?
union-management contract casualty insurance
An affirmative defense is a rule that enables the defendant to Multiple choice question.
win even if all the plaintiffs allegations are true
Why might a case be continued?
witnesses are not available because another trial has taken too long
This writ allows a sheriff to seize and sell enough of a defendant's property to satisfy a judgment if the defendant does not pay
writ of execution
This writ allows a things such as wages and bank accounts in the hands of a third party to be used to satisfy a judgment Multiple choice question.
writ of garnishment
