fina 2244 exam 1

Litigation in federal court often involves parties from different states. In addition, at least how much in dollar terms must be in controversy for a case to be heard in a federal court?

$75,000

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

Enter judgment in favor of the other party, impose sanctions on the party refusing to answer, impose fines on the party refusing to answer, send the party refusing to answer to jail

What did the US Constitution do?

Established and limited the powers of the US government

The US Constitution created these branches of the Federal government:

Executive, legislative and judicial

If a nonresident defendant is passing through the state where the plaintiff wishes to bring the lawsuit:

He can be legally served with a summons

Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of

How governments can use law to enforce different social norms

In an orderly society, law and the legal system help to:

Influence the behavior of members of society.

With a respect to the relation between morality and legality

Legality does not always imply morality

Besides having subject-matter jurisdiction over a case, the court must also have:

Personal Jurisdiction

The party who files a law suit is the:

Plaintiff

Which the the correct order of stages for a typical lawsuit:

Pleadings, discovery, pretrial, trial, appeals

When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:

Precedent

long arm statute

State law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants

Federal courts can review statutes passed by Congress to ensure:

That the statutes do not violate the US Constitution

The first amendment limits

Congress from making certain laws restricting freedom of speech

The US Supreme court was created by:

Constitution

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

arbitration

A restriction on advertising for a doctor's services is an example of

a violation of the first amendment right

In a criminal trial, to be found guilty, the standard is guilt:

beyond a reasonable doubt

For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:

beyond a reasonable doubt that the person committed the crime

a principal function served by the appellate courts is to:

ensure that the trial judge correctly applied the law

Opening statements give lawyers the opportunity to:

explain their client's view of the case to the jury, tell the jury who the witnesses will be, provide a road map of the trial

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called

garnishment

The commerce clause of the of US Constitution:

gives Congress power to regulate business

Statutory Law

law enacted by a legislative body

The term "common law" refers to:

law made and applied by judges

Federal judges are appointed for:

life

For a criminal conviction, it must be shown that the accused was found to have:

mens rea

As the Supreme Court has explained, for a state to have jurisdiction over an out-of-state business there must exist:

minimum contacts

In addition to raising revenue to pay for government services, taxes

can deter certain behaviors

diversity of citizenship cases are:

cases that go to federal court that involve disputes between citizens of different states

In a civil trial the parties must prove their contentions:

none of the other choices

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

The discovery state in the trial process is intended for the:

parties to obtain info about the facts before the trial starts

An amendment to the Constitution may be approved to become effective by:

passing 3/4 of the state legislatures after passing by a 2/3 vote in the senate and house

If a defendant does not respond to the plaintiff's complaint the court will:

presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint

In a criminal case, if evidence is not gathered properly, such as by a search that violates fourth amendment rights, then at trial the admission of that evidence is:

prohibited under the "exlusionary rule"

Ginger attacks richard and cuts him with a knife. He sues ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $100,000 is called:

punitive damages

The 5th amendment protects individuals against:

self-incrimination

Megan signs a contract saying she will sell Scott a rare Pokemon card for $5,000. She later reduses to sell the card. Scott sues Megan and the court orders Megan to sell the card to Scott for $5,000. This is an example of the equitable remedy of:

specific performance

When a federal court has exclusive jurisdiction over a matter:

state courts may not try cases on that matter

First 10 amendments are called

the Bill of Rights

Executive orders are issued by

the President

In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme court decided that:

the common law of the appropriate state must be applied in cases in federal courts

The first pleading is commonly called:

the complaint

If Congress imposes a regulation on business, the states:

usually add rules that strengthen the impact of the federal rule inside the state

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

compensatory damages

Wickard v. FIlburn concerned the ability of Congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use on the farm. The Supreme Court held that the controls were:

constitutional; while one farmer made no difference, all small farmers together could impact the wheat market

A counterclaim is:

the defendant's claim against the plaintiff

A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a:

writ of execution