blaw chapter 2 questions

The number of justices on the United States Supreme Court is:

9

The percentage of cases that are settled through some form of ADR is approximately

90%

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured but the Johnsons' car suffered $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?

Because the Johnsons live in the same state and the damages are too small

Concurrent jurisdiction exists in lawsuits involving

Diversity of Citizenship

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, she is asserting that

Mack did not state a claim for which relief can be granted

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, and the court grants it:

Mack will be given more time to file an amended complaint

The power of judicial review has remained unchallenged since it was established by which United States Supreme Court decision?

Marbury v. Madison

The CM/ECF system allows attorneys to:

electronically file litigation-related documents in the federal court system

Under what circumstances will a judge grant a motion for a new trial?

When the jury clearly misapplied the law or misunderstood the evidence

The difference between original and appellate jurisdiction is whether:

a case is being heard for the first time

A writ of certiorari issued by the U.S. Supreme Court indicates that:

a court will hear a case

Which one of the following is NOT one of the two pleadings of a lawsuit?

a judgment

A federal court can exercise jurisdiction if a case involves

a treaty, the U.S. Constitution, or a federal law

part of the contract that provides that, in the event of the dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in the court

arbitration clause

neutral third party or panel of experts that hears a dispute in arbitration

arbitrator

Your attorney prepares a (blank) to present to the appellate court when you decide to appeal the trial court's decision

brief

The electronic filing system for the federal court system is called:

cm/ecf

Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is:

complaint

When both federal and state courts have the power to hear a case, these courts have:

concurrent jurisdiction

Nathan, who was served with a complaint and summons, decided not to go to court, believing that if he just refused to go, nothing could happen. Instead, the judgment entered against him was:

default judgement

Some court clerks post online the schedule of cases to be heard by the court. This schedule is called the:

docket

T/F: A federal court judge is an elected official

false

T/F: After a decision is rendered in a case, no party can file an appeal

false

T/F: Appellate court decisions are never posted online

false

T/F: Attorneys may file pretrial motions. Two common motions are the defendant's answer and motion for a judgment n.o.v.

false

T/F: Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant

false

T/F: Only a plaintiff may file a motion for judgment on the pleadings

false

T/F: The Federal Arbitration Act established a set arbitration procedure

false

T/F: The U.S. Constitution expressly gives the courts the power of judicial review

false

T/F: The U.S. Constitution expressly gives the power of judicial review to the executive branch of government

false

T/F: The U.S. Constitution expressly gives the power of judicial review to the legislative branch of government

false

T/F: The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable

false

T/F: The United States Supreme Court hears all cases sent to it for review

false

T/F:A function of the congress is to interpret and apply the law

false

The body of American law includes:

federal and state constitutions, statutes, administrative laws, and case decisions

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a

federal district court to exercise original jurisdiction

Possible benefits of cyber courts and cyber proceedings include:

greater efficiency and lower costs

Baker loses at trial. Baker's attorney can make a motion for

judgement notwithstanding the verdict

the process of resolving a dispute through the court system

litigation

Venue refers to the:

most appropriate location for a trial

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point, is referred to as a:

question of fact

Standing to sue requires that a controversy must be

real and substantial

Which of the following is NOT part of the discovery process?

selecting the jury

Inferior Company sells products that are poorly made. Jack, who has never bought or used an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have:

standing

Baker runs into the back of Li's car. Baker appears to be at fault. Baker will be the defendant and will probably receive a

summons

The doctrine of judicial review allows

the judicial branch to decide whether laws or actions of the other two branches are constitutional

The essential role of the judiciary is:

to interpret and apply the law

Filing the appeal - appealing party files a notice of appeal with the clerk of the

trial court

T/F: A court can exercise jurisdiction over all of the property located within the boundaries of the court's geographic area

true

T/F: A function of the courts is to interpret and apply the law

true

T/F: A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a judgment in favor of the non-prevailing party

true

T/F: Bankruptcy courts are an example of a federal court with original, but special (or limited), jurisdiction.

true

T/F: The U.S. Constitution does not mention the power of judicial review

true

T/F: The U.S. Supreme Court has its own official Web site

true

T/F: To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

true

T/F: Venue is different from jurisdiction, in that venue refers to the court's geographic location

true

T/F: When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in rem.

true

T/F: a federal case typically originates in a federal district court

true

Which of the following does the United States Supreme Court have to issue before it hears a case?

writ of certiorari