BUL Ch 3

types of discovery

1. depositions 2. interrogatory 3. e-evidence

at every stage in a trial either party can file

1. motion to dismiss 2. motion for summary judgement 3. motion for a directed verdict

state court trial process

1. select jurors & swear them in 2. opening statement (plaintiff 1st) 3. plaintiffs calls & questions first witness (direct examination) 4. defendants attorney ?'s witness (cross examination) 5. defendants witness & evidence 6. closing argument 7. verdict

complaint

1. statement of facts for the court to take jurisdiction 2. facts necessary to show that the plaintiff is legally entitled to a remedy 3. statement of the desired remedy

federal- intermediate court of appeals

12/13 federal judicial circuits hear appeals from fed district courts located w/in circuit 13th circuit-> federal circuit - national jurisdiction (patent law)

concurrent jurisdiction

2 different courts have the power to hear a case most involve federal questions & diversity of citizenship

how many legal systems do we have

52

All state trial courts have general jurisdiction.

F

If a party does not deny the truth of a complaint, he or she is in default.

F

In mediation, a mediator makes a decision on the matter in dispute.

F

Pleadings consist of a complaint, an answer, and a motion to dismiss.

F - they consist of a complaint & an answer

Federal courts may refuse to enforce a state or federal statute that violates the U.S. Constitution.

T

Generally, a court can exercise jurisdiction over the residents of the state in which the court is located.

T

The United States Supreme Court can hear appeals on federal questions from state and federal courts.

T

The decisions of a state's highest court on all questions of state law are final.

T

The typical state court system is made up of trial courts and a. criminal courts. b. appellate courts. c. administrative law courts. d. family law courts.

b. appellate courts.

A traditional and formal method of ADR where disputes are settled by a neutral third party who renders a decision that is legally binding is called a. online dispute resolution. b. arbitration. c. negotiation. d. mediation.

b. arbitration.

The "Tabulauet" was a tablet computer made by Tabulauet, Ltd., a technology startup company in California. Doug Smith, a citizen of Florida, read an ad for the Tabulauet while searching the Internet and pre-ordered a Tabulauet from the company's website for $499 plus tax. Tabulauet was unable to raise enough funds to manufacture the product and went out of business. Doug was unable to contact the company as the phone line had been disconnected and emails were returned undelivered. He filed suit in federal court in Florida for breach of contract. Tabulauet responded to the suit and asked the court to dismiss the case, arguing that the federal court in Florida did not have jurisdiction over Tabulauet. The court most likely a. refused to dismiss the case because the defendant had placed the product in the stream of commerce in Florida and was subject to being sued in Florida. b. dismissed the case because the federal court diversity-of-citizenship requirements had not been met. c. refused to dismiss the case because it was not fair to make Doug travel to California for trial. d. dismissed the case because Florida did not have personal jurisdiction over the defendant.

b. dismissed the case because the federal court diversity-of-citizenship requirements had not been met.

attorneys for both sides file ____

briefs

Harold files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. A court of limited jurisdiction and a court of general jurisdiction differ in a. how many defendants are named in the lawsuit. b. whether an individual or a business brings the case. c. whether the court is exercising in personam or in rem jurisdiction. d. the subject matter or types of cases that the court can decide.

d. the subject matter or types of cases that the court can decide.

US district courts

federal cases originate in district courts 13 federal judicial circuits subdivided into districts

A federal court can exercise jurisdiction if a case involves which of the following a. a federal law. b. state law and more than three parties who are all from the same state. c. a matter of state law only. d. more than five defendants.

federal law

Jurisdiction

geological area w/in which a court has the right and power to decide cases must have jurisdiction over the person whom the lawsuit is brought over

Before a person can bring a lawsuit before the court, the party must a. file a writ of cert. b. file a motion. c. file an answer. d. have standing to sue.

have a standing to sue

US supreme court

highest level- review case w/in its discretion

how is minimum contacts test met

if corp advertises or sells its products w/in the state or an ongoing relationship with a party w/in the state

special claims court

inferior trial courts that hear only civil cases less than $2500 most conducted informally (no lawyers)

pleadings

inform each party of the claims of the other and specify issues gather evidence & prepare arguments removes element of surprise

federal question

issue based on federal law

A dispute arises between Calvin and Patrick, who own a business together. They have tried but are unable to work it out between themselves, but they value their business relationship and want to be able to continue to work together. How should they go about settling their dispute? a. Mediation b. Arbitration c. Negotiation d. Filing a complaint in cour

mediation

A traditional type of ADR by which a third party works with both sides to facilitate a resolution is called a. mediation. b. negotiation. c. online dispute resolution. d. arbitration.

mediation

what do courts apply to determine if they can exercise jurisdiction over out-of-state corporations

minimum contacts test

summons- must respond by filing a

motion to dismiss or answer

Courtney files a lawsuit against Albert. If her case is like most lawsuits filed in this country, it will be a. appealed. b. settled. c. arbitrated. d. litigated.

settled

online dispute resolution are best for

small-medium business liability claims

state- limited trial court

special inferior trial courts or minor judiciary courts small claims courts domestic relations court local municipal court (traffic, wills, estate)

Playtime, Inc., manufactures the Whirligig, a toy that the company discovers can cause serious harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Whirligig, files a suit against Playtime. In seeking to have the suit dismissed, Playtime's best argument is that Anne does not have a. jurisdiction. b. certiorari. c. standing to sue. d. judicial review

standing to sue.

Ricky loses his breach-of-contract case against Glenn in an Oklahoma state trial court. Ricky appeals to the state court of appeals. Losing again, he files his next appeal with a. the United States Supreme Court. b. a U.S. district court. c. a U.S. circuit court of appeals. d. the state supreme court.

state supreme court

federal district court is equivalent to

state trial court of general juris

highest appellate court in a state

supreme court

depositions

sworn testimony by the opposing party or any witness - recorded by an official any evidence verified by oath

court's power is limited to the _________ __________

territorial boundaries

Cobb and Roberts submit their dispute to binding arbitration. A court can set aside the arbitrator's award if Cobb is not satisfied with the award. Roberts is not satisfied with the award. the award involves at least $75,000. the award violates public policy.

the award violates public policy

Ann sues Carla in a state trial court. Ann loses the suit. If Ann wants to appeal, the most appropriate court in which to file the appeal is the state appellate court. the nearest federal district court. the nearest federal court of appeals. the United States Supreme Court.

the state appellate court

pretrial motions: Motion for summary judgement

think the party doesn't have a valid case

federal court system

trial court intermediate courts of appeals US supreme court

state court system

trial courts appellate courts

state- trial courts

trials are held & testimony is taken general & limited

interrogatory

written ?'s & answers prepared and signed under oath

briefs

written summary by a party to explain its case facts summary, law summary, argument

federal- trial courts

US district courts

The purposes of discovery include saving time. narrowing the issues. preventing surprises at trial. all of the above.

all

One of the first pleadings filed by the defendant in a typical lawsuit is a. pre-trial motions. b. an answer c. interrogatories. d. an appeal.

an answer

The party who appeals a trial court's judgment is known as the a. appellant. b. appellee. c. plaintiff. d. defendant.

appellant

state- general trial court

county, district, superior, or circuit size of the county

Serena and Cliff are getting a divorce. Cliff is suing Serena for custody of their two young sons. This case will be heard in a(n) a. court of limited jurisdiction. b. federal court. c. appellate court. d. court of general jurisdiction

court of limited jurisdiction

state- appellate courts

courts of appeal & review every state has at least one appellate court 1/2 of states have intermediate appellate courts

National Computers, Inc., was incorporated in Nebraska, has its main office in Kansas, and does business in Missouri. National is subject to the jurisdiction of Nebraska, Kansas, and Missouri. Nebraska and Kansas, but not Missouri. Nebraska and Missouri, but not Kansas. Kansas and Missouri, but not Nebraska.

Nebraska, Kansas, and Missouri

Jim and Bill are involved in an automobile accident. Sue is a passenger in Bill's car. Jim's attorney wants to ask Sue, as a witness, some questions concerning the accident. Sue's answers to the questions are given in a deposition. a response to interrogatories. a pretrial motion. none of the above.

a deposition.

long arm statute

a state statute that permits jurisdiction over non resident defendants

Bob is a resident of Ohio and borrows $50,000 from a bank in New York. When he defaults on the loan, the bank sues Bob in federal court. The federal court has a. no jurisdiction. b. concurrent jurisdiction. c. diversity jurisdiction. d. in rem jurisdiction.

a. no jurisdiction. federal court- has to be 75k, state court would claim jurisdiction

summons

after complaint if filed, defendant is served w/ a summons & a copy of the complaint

The first step in a lawsuit is the filing of pleadings, and the first pleading filed is the complaint. The complaint contains a statement alleging jurisdictional facts. a statement of facts entitling the complainant to relief. a statement asking for a specific remedy. all of the above.

all

Corina was a five-year-old girl when her uncle bought a handgun manufactured by Aldo Uberti and Co., an Italian company. The uncle wrapped the gun in a towel and placed it under the seat of his car. Corina was helping her uncle clean out his car when the gun fell out of the towel, hit the pavement, and discharged. The bullet struck Corina in the head and killed her. Corina's parents filed a suit in an Arizona state trial court against Uberti. Uberti asked the court to dismiss the case on the ground that the parents lacked standing to sue. The court probably a. dismissed the case because Corina's parents lacked standing. b. refused to dismiss the case, because Corina's parents had standing. c. refused to dismiss the case, because venue was proper. d. dismissed the case because the court lacked original jurisdiction.

b. refused to dismiss the case, because Corina's parents had standing.

Gates worked for Arizona Brewing Co. and was a member of a union. A contract between Arizona Brewing and the union (an association of employees) stated that in the event of a dispute, the parties were to try to settle their differences, and if they could not, the matter was to be decided by arbitration. Gates contended that Arizona Brewing owed him wages, which Arizona Brewing denied. Rather than submitting his dispute to arbitration, Gates filed a lawsuit. An Arizona statute recognized the validity of arbitration clauses in most contracts. Gates claimed that the arbitration clause in his contract was void under an exception in the statute that stated "this act shall not apply to collective contracts between employers and . . . associations of employ[ees]." Arizona Brewing argued that Gates had to arbitrate the claim before filing suit. On the question of whether the arbitration requirement would be enforced, the court found that a. employment disputes are federal questions and that the state court did not have the authority to make the decision. b. the Arizona statute was unconstitutional. c. the Arizona statute specifically applied to the situation, and thus Gates did not have to submit to arbitration. d. the Arizona statute did not apply, and thus Gates was bound by the clause to have the claim arbitrated

c. the Arizona statute specifically applied to the situation, and thus Gates did not have to submit to arbitration.

A lawsuit begins when a lawyer files a a. default judgment. b. motion. c. complaint. d. deposition.

complaint

Ace Corporation, which is based in Texas, advertises on the Web. A court in Illinois would be most likely to exercise jurisdiction over Ace if Ace conducted substantial business with Illinois residents at its website. interacted with any Illinois resident through its website. only advertised passively on its website. all of the above.

conducted substantial business with Illinois residents at its website

constitution gives ______ the power to control _______

congress; inferior courts except supreme court cases- congress regulates

summons- no answer

default judgement

A judgment entered by a court against a defendant who fails to file an answer or make an appearance before the court is called a a. summary judgment. b. default judgment. c. motion for directed verdict. d. motion to dismiss.

default judgment

jurisdiction in cyberspace

defendants *only* connection to a state is though over the internet a "sliding scale" standard determines when the exercise of jurisdiction is proper *only if its substantial* website w/ no interactivity (*passive adv*)

Transpac Corp. and Alliance, Inc., agree to a contract that includes a binding arbitration clause. After a dispute arises between the parties, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made a minor error in her findings of fact. The court will likely a. set aside the arbitrator's award. b. review the merits of the dispute. c. do none of these actions. d. review the sufficiency of the award.

do none of these actions -arbitrators reward is normally final decision, b/c parties freely entered into arbitration - only look if they acted in bad faith

In a lawsuit against Sharon Fruit Distributors, the plaintiff's lawyer requests access to the company president's laptop in order to obtain information about the files stored there: who created them, when they were created, and when they were accessed. This information is a. e-evidence. b. an interrogatory. c. a deposition. d. direct examination.

e-evidence

A lawsuit can be brought in a federal court if it involves a question under the Constitution, a treaty, or a federal law. citizens of different states, a foreign country and a U.S. citizen, or a foreign citizen and an American citizen, and the amount in controversy is more than $75,000. either a or b. none of the above.

either a or b

After the entry of a judgment, who can appeal? Only the winning party. Only the losing party. Either the winning party or the losing party. None of the above.

either the winning party or the losing party

procedural law

establishes rules & standards for determining disputes in courts

Brad, a homeowner, files a lawsuit against Ed, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as a. negotiation. b. early neutral case evaluation. c. a summary jury trial. d. arbitration

negotiation

The simplest form of alternative dispute resolution (ADR) is a. arbitration. b. online dispute resolution. c. mediation. d. negotiation.

negotiation

alternative dispute resolution

negotiation mediation arbitration online dispute resolutions

arbitration

neutral third party imposes a resolution arbitrators decision: an award (usually final word) usually legally binding

mediation

neutral third party works w/ both sides proposes solution - no decision is made not as adversarial as litigation

Abraham, Inc., sues Ballard, Inc., in a state court. Abraham loses and files an appeal with the state appeals court. The appeals court will not retry the case, because the appropriate place for the retrial of a state case is a federal court. not retry the case, because an appeals court examines the record of a case, looking at questions of law and procedure for errors by the trial court. retry the case, because after a case is tried a party has a right to an appeal. retry the case, because Abraham and Ballard do not agree on the result of the trial.

not retry the case, because an appeal examines the record of the state, looking at questions of law and procedure for errors by the trial court

discovery

obtain info & evidence prevents surprises narrows the issues

exclusive jurisdiction

only one court has power to hear a case federal court: fed crimes, bankruptcy, patents etc states: divorce, adoption

Jurisdiction over property (rem jurisdiction)

over property w/in its boundaries

negotiation

parties attempt to settle their dispute informally w/ or w/o attorney

diversity of citizenship

parties of lawsuits are citizens of different states or countries more than 75k

defendant

party against whom a complaint is filed

motion for a directed verdict

party asks the judge to direct a verdict in favor of the moving party- insufficient evidence

appellee

party in opposition to the appellant

appellant

party who appeals includes trial testimony & evidence

plaintiff

party who files the complaint

personal jurisdiction (personam)

residents of the state & anyone else w/in its boundaries