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