Bis Law Ch. 4,5,

plaintiff

In a litigation process, the party who files a complaint is called the ________.

True

In federalism, the federal government and the state governments share powers.

A group of plaintiffs collectively brings a lawsuit against a defendant.

In which of the following cases does a class action occur?

TRUE

T or F A pretrial hearing is also known as a settlement conference.

True

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Which of the following is established by the Supremacy Clause of the U.S. Constitution?

motion for summary judgment

Which of the following motions asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Interrogatories

________ are written questions submitted by one party to a lawsuit to another party.

False

Checks and balances built into the Constitution ensure that amendments to the Constitution do not contradict existing laws.

2

Each state has ________ senators in the U.S. Senate

The federal government imposes an additional hundred percent tax only on Fierra cars being sold in North Carolina.

Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

The federal government and the 50 state governments share powers. When the states ratified the Constitution, they delegated certain powers (enumerated powers) to the federal government. Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments. These are called reserved powers. State governments are empowered to deal with local affairs. Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas.

How is power divided between the federal government and the state governments?

The federal government is divided into three branches: Legislative branch: The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives). Executive branch: The part of the U.S. government that enforces the federal law. It consists of the president and vice president. Judicial branch: The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts. Checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. Examples of some of the checks and balances in our system of government are as follows: The judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional. The executive branch can enter treaties with foreign governments only with the advice and consent of the Senate.

How is the federal government divided? Why are checks and balances necessary? Explain with instances.

A defendant does not file a written response to a plaintiff's complaint.

In which of the following cases is a default judgment entered?

Federalism

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

Georgia should appeal to the federal authority which can stop imports from Kingsland.

Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?

summons

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

False

Reserved powers are delegated to the judiciary by the President of the United States.

State Governments

Reserved powers remain with the ________.

Indian Gaming Regulatory Act (1988)

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino on the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?

True

State governments do not have the power to regulate commerce with foreign nations.

FALSE

T or F A class action is a court order directing the defendant to appear in court and answer the complaint.

TRUE

T or F A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

TRUE

T or F A defendant can answer a complaint and file a cross-complaint at the same time.

FALSE

T or F A deposition is oral testimony given by a party or witness during the trial.

FALSE- A defendant who believes that he or she has been injured by the defendant can file a cross-complaint against the plaintiff

T or F A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

TRUE

T or F A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

TRUE

T or F A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

TRUE

T or F An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

TRUE

T or F If the defendant does not answer the complaint, a default judgment is entered against him or her.

TRUE

T or F In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

FALSE

T or F In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

FALSE

T or F Interventions are written questions submitted by one party to a lawsuit to the other party.

TRUE

T or F Motions for summary judgment are supported by evidence outside of the pleadings.

TRUE

T or F Once a default judgment is established, the plaintiff only has to prove damages.

FALSE

T or F The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

TRUE

T or F The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

FALSE

T or F Upon request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

FALSE

T or F When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

False

The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

True

The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.

False

The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the United States of America.

Federalism

The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.

True

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Legislative

The ________ branch of the U.S. government is responsible for making federal law.

Legislative Branch

The ________ is responsible for making federal law.

plaintiff

The ________ is the party who files a complaint.

Preemption Doctrine

The ________ provides that federal law takes precedence over state or local law.

Articles of Confederation

The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce.

consolidation

The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

intervention

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

intervention

The act of others joining as parties to an existing lawsuit is called ________.

witness/party/deponent

The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.

Bill of Rights

The first ten amendments to the U.S. Constitution are collectively known as the

bicameral

The legislative branch of the U.S. federal government is ________.

Electoral College

The president is selected by the

False

The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes

litigation

The process of bringing, maintaining, and defending a lawsuit is called ________.

Graham is not allowed to sue Alice, having lost his right to sue her.

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

plaintiff must bring a lawsuit against a defendant

The statute of limitations establishes the period within which a ________.

deposition

The term ________ refers to the oral testimony given by a party or witness prior to trial.

facilitating the settlement of a case before it goes to trial

What is the purpose of a pretrial hearing?

True

When the states ratified the Constitution, they delegated certain powers—called enumerated powers—to the federal government.

answer

Which of the following can be filed by the defendant in a lawsuit?

personal property laws

Which of the following is enacted under state police power?

A default judgment establishes the defendant's liability.

Which of the following statements is true about the pretrial litigation process?

A deponent is allowed to correct his or her answers before signing the deposition.

Which of the following statements is true of a deposition?

The states are given the authority to enact laws that regulate the conduct of business within their borders.

Which of the following statements is true of states' police power?

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

Regulation of foreign commerce by state governments is unconstitutional.

Which of the following statements is true of the United States' Foreign Commerce Clause?

to prevent any one of the three branches of the government from becoming too powerful

Why have checks and balances been built into the U.S. Constitution?

enumerated powers

are powers delegated to the federal government by the states.

motion for judgment on the pleadings

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

class action

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ________.

statute of limitations

A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

reply

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

deposition

A(n) ________ is oral testimony given by a party or witness prior to trial.