Ch 03 - Sources of Law, Courts, and Dispute Resolution

A federal court of appeals in one circuit must follow an earlier decision on an issue made by a federal court of appeals in another circuit.

False

A judge is always compelled to follow restatements of law in making a decision.

False

A main benefit of mediation is that the mediator can pronounce a final judgment and definitively put the dispute to rest.

False

A motion for a directed verdict is the same thing as a summary judgment.

False

Any corporate employee can communicate with corporate counsel and be protected by the attorney-client privilege

False

Federal diversity jurisdiction cases may be brought in state courts for cases exceeding $75,000.

False

Federal judges are appointed for 10-year renewable terms.

False

In cases involving Internet communication or transaction, the sliding scale that courts have adopted considers a passive Web site that just posts information to be grounds for personal jurisdiction.

False

Jury challenges for cause are called pretrial challenges.

False

Negotiating business contracts with an out-of-state individual via text messaging is insufficient to provide a court with personal jurisdiction over that individual.

False

The arbitration process involves the two disputing parties trying to reach agreement or, barring agreement, submitting to a solution as determined by a mediator.

False

The minimum monetary requirement for lawsuits involving a federal question is $2,500.

False

The process of questioning the witnesses in a trial is called voir dire.

False

1. An interrogatory would be a tool used by attorneys in the discovery process.

True

A case involving a federal question may be brought in state court, but the defendant has the right to remove the case to federal court.

True

A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for the Federal Circuit.

True

A cite such as 2004 WL 1208516 may be found on Westlaw.

True

Both the U.S. Congress and state legislatures may adopt statutes.

True

Court opinions are published in collections called reporters.

True

Personal jurisdiction is based on the residence or activities of a person being sued.

True

The federal court system has thirteen courts of appeal.

True

The silicone breast implant case against Dow Corning, as well as cases involving smoking and securities fraud, is an example of a class action lawsuit.

True

In 2002 the European Union adopted the __________ to standardize rules for determining where suits involving e-commerce may be brought. a. Brussels Conventions b. European E-commerce Rules c. European Commerce Standards d. French Conventions

a. Brussels Conventions

Under the __________ doctrine, the outcome of a diversity case in federal court will be similar to the outcome in a state court because the same substantive law will govern either adjudication. a. Erie b. common law c. venue d. substantial activity

a. Erie

The _____ control the civil trial practices in all U.S. district courts. a. Federal Rules of Civil Procedure b. Universal Rules of Civil Procedure c. National Rules of Civil Court Conduct d. Common Rules of Civil Procedure

a. Federal Rules of Civil Procedure

In order to file a lawsuit, a plaintiff must have standing to sue. Which of the following does not pertain to standing? a. Plaintiff has the resources to pay his legal and court costs. b. Plaintiff is the proper party to file the suit. c. Plaintiff has a personal interest in the outcome of the suit. d. Plaintiff will benefit from a favorable ruling.

a. Plaintiff has the resources to pay his legal and court costs.

___________ are issued by administrative agencies to interpret and implement statutes enacted by a legislature. a. Regulations b. Interpretations c. Reviews d. Acknowledgements

a. Regulations

__________ which notifies the __________ of the filing of a lawsuit, has traditionally been accomplished by mail or by personally handing a complaint to the receiving party. a. Service of process; defendant b. Service of process; plaintiff c. In personam jurisdiction; plaintiff d. Choice of forum; defendant

a. Service of process; defendant

Riley had a dispute with a neighbor regarding the location of the property line. Riley's attorney suggests to Riley that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict. Which of the following is the appropriate term for that type of procedure? a. Summary jury trial b. Nonbinding jury trial c. Private jury trial d. Procedural jury trial

a. Summary jury trial

The defendant may put forth a(n) _____ which admits the defendant acted in a certain way but claims that the defendant's conduct was not the _____ of harm to the plaintiff, or that that defendant's conduct was excused. a. affirmative defense; legal cause b. motion for summary judgment; legal cause c. counterclaim; legal cause d. affirmative defense; proximate cause

a. affirmative defense; legal cause

If the defendant does not file an answer within the time required, a(n) __________ may be entered in favor of the plaintiff. a. default judgment b. answer pro se c. concession judgment d. coercive judgment

a. default judgment

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is whether the a. defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. b. out-of-state defendant has ever visited the state. c. out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts. d. out-of-state defendant has ever lived in the state.

a. defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

A motion for summary judgment will be granted where there is: a. no disputed issue of material fact. b. no legal issue of questionable fact. c. no material issue of fact. d. no factual issue of legal fact.

a. no disputed issue of material fact.

The doctrine of stare decisis means a. to abide by decided cases. b. let the courts decide. c. let the superior argument prevail. d. to decide the case on its merits.

a. to abide by decided cases.

For purposes of diversity jurisdiction in federal court, which of the following is true regarding a person's citizenship? a. A person is a citizen of the state where that person has his or her legal residence or domicile, and there is no limit to the number of states in which a person may be a citizen so long as the person has a house in every state in which citizenship is claimed. b. A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may be a citizen of only one state. c. A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may be a citizen in a maximum of two states. d. A person is considered a citizen of the state in which a lawsuit is brought because the person automatically becomes subject to that state's laws.

b. A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may be a citizen of only one state.

___________ rules prescribe which law a state court should apply in a multistate litigation. a. Conflict-of-dispute b. Conflict-of-law c. Litigant d. Forum-shopping

b. Conflict-of-law

What was the central question in CASE 3.1, Wal-Mart Stores, Inc. v. Dukes (2011)? a. Could Wal-Mart be properly sued in federal or in state court? b. Could sufficient commonality among Wal-Mart employees be shown to certify the group as a class? c. Could one Wal-Mart employee represent more than 1 million other employees? d. Did the employees waive their rights to arbitration under the Federal Arbitration Act?

b. Could sufficient commonality among Wal-Mart employees be shown to certify the group as a class?

____ references the method used for determining the citizenship of a corporation for purposes of diversity of citizenship. a. Locality determination b. Nerve-center test c. Prime location test d. Conflict determination

b. Nerve-center test

Carson and Carson's employer are currently involved in a dispute regarding whether in denying Carson a promotion, the employer committed sex discrimination. Carson mentions both mediation and arbitration and asks you which would result in a quicker judgment in her favor; Carson is not particularly interested in the time and expense involved in a court action. Carson also asks if, as a friend, you would be present at a consultation with a lawyer. Refer to Fact Pattern 3-2. What would you tell Carson regarding the request that you attend the consultation with a lawyer? a. That you would be glad to do so because you want to provide emotional support. b. That you should not go because your presence would destroy the attorney-client privilege. c. That you should not go because your presence would destroy the work-product privilege. d. That you should not go because your presence would destroy both the attorney-client privilege and the work-product privilege.

b. That you should not go because your presence would destroy the attorney-client privilege.

CASE 3.2, Morris v. Ernst & Young (2017) before the U.S. Supreme Court, involved a question of whether: a. plaintiffs waived class arbitration by bringing suit initially as individuals. b. an employer violates the National Labor Relations Act when it requires employees to sign a concerted action waiver. c. employee arbitration is legal under state employment laws. d. the employer participated in civil rights discrimination against its workers.

b. an employer violates the National Labor Relations Act when it requires employees to sign a concerted action waiver.

Hadley has filed a lawsuit against Memo Marketing for nonpayment of contracted fees for Hadley's freelance services. In this situation, Hadley is the _____ and Memo Marketing would receive notice of the suit in the form of a _____. a. defendant; summons b. plaintiff; complaint c. respondent; deposition d. plaintiff; writ of certiorari

b. plaintiff; complaint

The common law doctrine of ______ means to "abide by decided cases." a. subject matter jurisdiction b. stare decisis c. choice-of-law d. standing

b. stare decisis

To notify a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days, a court issues a: a. subpoena. b. summons. c. complaint. d. suggestion.

b. summons.

When a case is dismissed _____, the _____ is precluded from asserting the same claim in another case. a. without prejudice; plaintiff b. with prejudice; plaintiff c. without prejudice; defendant d. with prejudice; defendant

b. with prejudice; plaintiff

Carson and Carson's employer are currently involved in a dispute regarding whether in denying Carson a promotion, the employer committed sex discrimination. Carson mentions both mediation and arbitration and asks you which would result in a quicker judgment in her favor; Carson is not particularly interested in the time and expense involved in a court action. Carson also asks if, as a friend, you would be present at a consultation with a lawyer. Refer to Fact Pattern 3-2. What would you tell Carson about choosing mediation or arbitration? a. That mediation and arbitration are essentially the same thing. b. That a mediator would actually decide the case whereas an arbitrator would not. c. That an arbitrator would actually decide the case whereas a mediator would not. d. That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer whereas a mediator is not.

c. That an arbitrator would actually decide the case whereas a mediator would not.

In which of the following situations would a judge NOT dismiss a complaint? a. The plaintiff failed to state a claim on which relief can be granted. b. The court lacks jurisdiction over the subject matter or the parties involved. c. The plaintiff failed to provide the defendant with an offer of settlement. d. The plaintiff failed to properly serve the complaint on the defendant.

c. The plaintiff failed to provide the defendant with an offer of settlement.

Under stare decisis, courts generally follow the decisions previously rendered in similar cases by other courts in the same jurisdiction. This practice is known as: a. English law. b. civil law. c. common law. d. disputed law.

c. common law.

Assuming that more than one forum has jurisdiction over a lawsuit, the courts use the doctrine of _____ to determine which forum is more appropriate. a. jurisdiction non conveniens b. convenient state proceeding c. forum non conveniens d. subject matter jurisdiction

c. forum non conveniens

A __________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor. a. directed verdict b. summary judgment c. judgment n.o.v. d. judgment on the pleadings

c. judgment n.o.v.

Most states have __________ statutes, which can subject an out-of-state defendant to jurisdiction within the state. a. in personam b. in rem c. long-arm d. diversity

c. long-arm

The judge in Niall's case has just granted a(n) _____, which means that the lawsuit has been resolved and no trial will be necessary. a. judgment notwithstanding the verdict b. interlocutory judgment c. motion to dismiss d. request for production of documents

c. motion to dismiss

When the U.S. Supreme Court decides to hear a case, it issues a writ of certiorari, which: a. asks for the case to be refiled, asserting the initial claims. b. forms a contract between the Supreme Court and lower courts to abide by the Supreme Court's decision. c. orders the lower court to certify the record of proceedings below and send it to the Supreme Court. d. places all parties in the process of binding arbitration.

c. orders the lower court to certify the record of proceedings below and send it to the Supreme Court.

Documents used as evidence in a case are not properly introduced into court. If that improper introduction risks potential damage to the nonproducing party, then the jury is instructed to consider those documents subject to: a. voir dire. b. negotiation. c. spoliation inference. d. arbitration.

c. spoliation inference.

In which of the following is federal diversity jurisdiction present? a. A lawsuit involves citizens of different states. b. The amount in controversy, exclusive of interest and all costs, exceeds $75,000. c. A lawsuit involves citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000. d. A lawsuit involves citizens of different states, and the amount in controversy, exclusive of interest and all costs, exceeds $75,000.

d. A lawsuit involves citizens of different states, and the amount in controversy, exclusive of interest and all costs, exceeds $75,000.

Beck lived in Tennessee and had an appliance store in Tennessee. Beck's residence and the appliance store, however, were within twenty miles of the Virginia state line. Beck advertised heavily in both Tennessee and Virginia. Sydney, one of Beck's customers from Virginia, had an unfortunate experience with a refrigerator purchased from Beck in that the refrigerator caught on fire and burned down Sydney's house, which was worth $200,000. Sydney obtained proof that the refrigerator had actually been returned to Beck because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Beck sold the refrigerator to Sydney as new without repairs. Sydney sued Beck in federal district court in Virginia on a number of theories. Beck opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that Beck was not subject to jurisdiction in Virginia. Refer to Fact Pattern 3-1. Which of the following is the most likely result in regard to Beck's claim of not being subject to jurisdiction in a court located in Virginia? a. Beck would not be subject to jurisdiction in a Virginia court because Beck did not live there nor was Beck's store located there. b. Beck would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities c. Beck would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state. d. Beck would be subject to the jurisdiction of courts in Virginia because Beck's contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

d. Beck would be subject to the jurisdiction of courts in Virginia because Beck's contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

__________ is the voluntary give-and-take parties engage in when coming to terms with each other. a. Litigation b. Arbitration c. Mediation d. Negotiation

d. Negotiation

The case discussed in the text, Upjohn Co. v. United States, involved an attorney-client privilege in the corporate setting. The U.S. Supreme Court crafted the ______ test to determine whether the privilege applied. a. Confidential Memo b. Corporate Confidentiality c. Corporate Counsel d. Subject Matter

d. Subject Matter

The courts returned a verdict against Finch who had sued Toby over a breach of the contract. Finch is quite unhappy about this verdict and has decided to appeal the decision. After filing this appeal, Finch will be referred to as the: a. plaintiff. b. respondent. c. appellee. d. appellant.

d. appellant.

Jules has incorporated a business, The Spree Chocolatier. It has facilities in five major cities in California, Arizona, and Washington. After fulfilling a contract for 500 fancy desserts for a banquet, The Spree Chocolatier's client in Seattle, Washington, refused to pay. Jules brought suit. According to federal diversity purposes, The Spree Chocolatier would be considered a citizen of: a. the state of incorporation. b. the state of its principal place of business. c. neither location but of the United States in general. d. both the state of incorporation and the state of its principal place of business.

d. both the state of incorporation and the state of its principal place of business.

The two coexisting federal and state judicial systems are a result of the system of _____ created by the U.S. Constitution, giving them different _____ jurisdiction. a. standing; subject matter b. diversity; in personam c. duality; in rem d. federalism; subject matter

d. federalism; subject matter

Beck lived in Tennessee and had an appliance store in Tennessee. Beck's residence and the appliance store, however, were within twenty miles of the Virginia state line. Beck advertised heavily in both Tennessee and Virginia. Sydney, one of Beck's customers from Virginia, had an unfortunate experience with a refrigerator purchased from Beck in that the refrigerator caught on fire and burned down Sydney's house, which was worth $200,000. Sydney obtained proof that the refrigerator had actually been returned to Beck because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Beck sold the refrigerator to Sydney as new without repairs. Sydney sued Beck in federal district court in Virginia on a number of theories. Beck opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that Beck was not subject to jurisdiction in Virginia. Refer to Fact Pattern 3-1. Which of the following is the most likely result in regard to Beck's claim that the lawsuit could only be appropriately filed in a state court? a. The court would likely rule that federal court jurisdiction failed to exist because the parties were not all residents of the same state. b. The court would likely rule that federal court jurisdiction failed to exist because the amount in controversy was excessive. c. The court would likely rule that federal court jurisdiction existed based on the presence of a consumer complaint. d. the court would likely rule that federal court jurisdiction existed based on diversity of citizenship.

d. the court would likely rule that federal court jurisdiction existed based on diversity of citizenship.