blaw chapter 2 questions
The number of justices on the United States Supreme Court is:
9
The percentage of cases that are settled through some form of ADR is approximately
90%
The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured but the Johnsons' car suffered $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?
Because the Johnsons live in the same state and the damages are too small
Concurrent jurisdiction exists in lawsuits involving
Diversity of Citizenship
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, she is asserting that
Mack did not state a claim for which relief can be granted
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, and the court grants it:
Mack will be given more time to file an amended complaint
The power of judicial review has remained unchallenged since it was established by which United States Supreme Court decision?
Marbury v. Madison
The CM/ECF system allows attorneys to:
electronically file litigation-related documents in the federal court system
Under what circumstances will a judge grant a motion for a new trial?
When the jury clearly misapplied the law or misunderstood the evidence
The difference between original and appellate jurisdiction is whether:
a case is being heard for the first time
A writ of certiorari issued by the U.S. Supreme Court indicates that:
a court will hear a case
Which one of the following is NOT one of the two pleadings of a lawsuit?
a judgment
A federal court can exercise jurisdiction if a case involves
a treaty, the U.S. Constitution, or a federal law
part of the contract that provides that, in the event of the dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in the court
arbitration clause
neutral third party or panel of experts that hears a dispute in arbitration
arbitrator
Your attorney prepares a (blank) to present to the appellate court when you decide to appeal the trial court's decision
brief
The electronic filing system for the federal court system is called:
cm/ecf
Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is:
complaint
When both federal and state courts have the power to hear a case, these courts have:
concurrent jurisdiction
Nathan, who was served with a complaint and summons, decided not to go to court, believing that if he just refused to go, nothing could happen. Instead, the judgment entered against him was:
default judgement
Some court clerks post online the schedule of cases to be heard by the court. This schedule is called the:
docket
T/F: A federal court judge is an elected official
false
T/F: After a decision is rendered in a case, no party can file an appeal
false
T/F: Appellate court decisions are never posted online
false
T/F: Attorneys may file pretrial motions. Two common motions are the defendant's answer and motion for a judgment n.o.v.
false
T/F: Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant
false
T/F: Only a plaintiff may file a motion for judgment on the pleadings
false
T/F: The Federal Arbitration Act established a set arbitration procedure
false
T/F: The U.S. Constitution expressly gives the courts the power of judicial review
false
T/F: The U.S. Constitution expressly gives the power of judicial review to the executive branch of government
false
T/F: The U.S. Constitution expressly gives the power of judicial review to the legislative branch of government
false
T/F: The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable
false
T/F: The United States Supreme Court hears all cases sent to it for review
false
T/F:A function of the congress is to interpret and apply the law
false
The body of American law includes:
federal and state constitutions, statutes, administrative laws, and case decisions
Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a
federal district court to exercise original jurisdiction
Possible benefits of cyber courts and cyber proceedings include:
greater efficiency and lower costs
Baker loses at trial. Baker's attorney can make a motion for
judgement notwithstanding the verdict
the process of resolving a dispute through the court system
litigation
Venue refers to the:
most appropriate location for a trial
In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point, is referred to as a:
question of fact
Standing to sue requires that a controversy must be
real and substantial
Which of the following is NOT part of the discovery process?
selecting the jury
Inferior Company sells products that are poorly made. Jack, who has never bought or used an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have:
standing
Baker runs into the back of Li's car. Baker appears to be at fault. Baker will be the defendant and will probably receive a
summons
The doctrine of judicial review allows
the judicial branch to decide whether laws or actions of the other two branches are constitutional
The essential role of the judiciary is:
to interpret and apply the law
Filing the appeal - appealing party files a notice of appeal with the clerk of the
trial court
T/F: A court can exercise jurisdiction over all of the property located within the boundaries of the court's geographic area
true
T/F: A function of the courts is to interpret and apply the law
true
T/F: A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a judgment in favor of the non-prevailing party
true
T/F: Bankruptcy courts are an example of a federal court with original, but special (or limited), jurisdiction.
true
T/F: The U.S. Constitution does not mention the power of judicial review
true
T/F: The U.S. Supreme Court has its own official Web site
true
T/F: To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.
true
T/F: Venue is different from jurisdiction, in that venue refers to the court's geographic location
true
T/F: When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in rem.
true
T/F: a federal case typically originates in a federal district court
true
Which of the following does the United States Supreme Court have to issue before it hears a case?
writ of certiorari