Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

What is the process of selecting the jury called? What two types of challenges to jurors can be made? For what two reasons is it unconstitutional to remove a juror?

Accepted Answer

The process of jury selection

Question 3

When it decides to hear a case,the U.S.Supreme Court issues a ____________ ordering the lower court to certify the record of proceedings below and send it up to the Supreme Court.

Accepted Answer

A) commandment 
B) writ of order 
C) writ of certiorari 
D) writ of expo facto 
A) commandment 
B) writ of order 
C) writ of certiorari 
D) writ of expo facto

Question 4

Negotiating business contracts by means of telephone calls or the mail is insufficient to provide state court with personal jurisdiction over an individual so long as the individual is out-of-state when such contacts are made.

Accepted Answer

A) True 
 B)False

Question 5

Standing means that the party seeking relief

Accepted Answer

A) is the proper party to advance the litigation 
B) has a personal interest in the outcome of the suit 
C) will benefit from a favorable ruling 
D) all of the responses are correct 
A) is the proper party to advance the litigation 
B) has a personal interest in the outcome of the suit 
C) will benefit from a favorable ruling 
D) all of the responses are correct

Question 6

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

Accepted Answer

A) directed verdict 
B) summary judgment 
C) judgment n.o.v. 
D) judgment on the pleadings 
A) directed verdict 
B) summary judgment 
C) judgment n.o.v. 
D) judgment on the pleadings

Question 7

A motion for summary judgment will be granted where there is no triable issue of

Accepted Answer

A) fact 
B) law 
C) evidence 
D) all of the responses are correct 
A) fact 
B) law 
C) evidence 
D) all of the responses are correct

Question 8

Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction.

Accepted Answer

A) True 
 B)False

Question 9

Fact pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether sexual discrimination was in issue in her being denied a promotion she wanted.Sally says that she has hear about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action.Sally also asks if as a friend you will go with her when she consults with a lawyer.
-Refer to fact pattern 3-2.What would you tell Sally regarding her request that you go with her,as her friend,to see her lawyer?

Accepted Answer

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. 
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.

Question 10

If the defendant does not file an answer within the time required,a(n)____________ may be entered in favor of the plaintiff.

Accepted Answer

A) default judgment 
B) answer pro se 
C) concession judgment 
D) coercive judgment 
A) default judgment 
B) answer pro se 
C) concession judgment 
D) coercive judgment

Question 11

The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

Accepted Answer

A) Subpoena 
B) Summons 
C) Complaint 
D) Suggestion 
A) Subpoena 
B) Summons 
C) Complaint 
D) Suggestion

Question 12

Which of the following is not a test that Federal courts usually apply in determining where a company engaged in multi-state operations has its principal place of business?

Accepted Answer

A) The majority-of-the-corporation's-customers test 
B) The nerve-center test 
C) The majority-of-the-corporation's-physical-operations test 
D) The total-activity test 
A) The majority-of-the-corporation's-customers test 
B) The nerve-center test 
C) The majority-of-the-corporation's-physical-operations test 
D) The total-activity test

Question 13

In 2002 the European Union adopted the _____________ to standardize the rules for determining where suits involving e-commerce may be brought.

Accepted Answer

A) Brussels Conventions 
B) European E-commerce Rules 
C) European Commerce Standards 
D) French Conventions 
A) Brussels Conventions 
B) European E-commerce Rules 
C) European Commerce Standards 
D) French Conventions

Question 14

Fact pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether sexual discrimination was in issue in her being denied a promotion she wanted.Sally says that she has hear about both mediation and arbitration and asks you which would result in a quicker judgment in her favor because she does not particularly want to go to the time and expense of a court action.Sally also asks if as a friend you will go with her when she consults with a lawyer.
-Refer to fact pattern 3-2.What would you tell Sally regarding whether she should choose mediation or arbitration?

Accepted Answer

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. 
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.

Question 15

When deciding a case,a federal court of appeals may ________ the final decision of the lower court.

Accepted Answer

A) vacate and remand 
B) reverse 
C) affirm 
D) all of the responses are correct 
A) vacate and remand 
B) reverse 
C) affirm 
D) all of the responses are correct

Question 16

For diversity purposes,a corporation is deemed a citizen of

Accepted Answer

A) the state of incorporation. 
B) the state of its principal place of business. 
C) either the state of incorporation or the state of its principal place of business. 
D) both the state of incorporation and the state of its principal place of business. 
A) the state of incorporation. 
B) the state of its principal place of business. 
C) either the state of incorporation or the state of its principal place of business. 
D) both the state of incorporation and the state of its principal place of business.

Question 17

Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.

Accepted Answer

The attorney work-product doctrine prote

Question 18

Paul is a resident of StateA.Paul recently purchased a new car manufactured by Motors,Inc.After only two weeks,his brakes failed and caused an accident.Paul wishes to sue Motors,Inc.for a defective brake system.Motors,Inc.is headquartered in State Y where it also does a significant amount of business,and manufactures the vehicles in State Z.Which court or courts would have jurisdiction over the case and why? Discuss.

Accepted Answer

Personal jurisdiction over Motors, Inc.

Question 19

The ______________ control the civil trial practices in all of the U.S.district courts.

Accepted Answer

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 
B) Universal Rules of Civil Procedure 
C) National Rules of Civil Court Conduct 
D) Common Rules of Civil Procedure

Question 20

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is:

Accepted Answer

A) Whether the 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)  Whether the out-of-state defendant has ever visited the state. 
C) Whether the out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts. 
D) Whether the out-of-state defendant has ever lived in the state. 
A) Whether the 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)  Whether the out-of-state defendant has ever visited the state. 
C) Whether the out-of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not offend liberty concepts. 
D) Whether the out-of-state defendant has ever lived in the state.

Exam 3: Courts, sources of law, and dispute resolution

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

What is the process of selecting the jury called? What two types of challenges to jurors can be made? For what two reasons is it unconstitutional to remove a juror?

When it decides to hear a case,the U.S.Supreme Court issues a ____________ ordering the lower court to certify the record of proceedings below and send it up to the Supreme Court.

Negotiating business contracts by means of telephone calls or the mail is insufficient to provide state court with personal jurisdiction over an individual so long as the individual is out-of-state when such contacts are made.

Standing means that the party seeking relief

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 motion for summary judgment will be granted where there is no triable issue of

Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction.

If the defendant does not file an answer within the time required,a(n)____________ may be entered in favor of the plaintiff.

The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

Which of the following is not a test that Federal courts usually apply in determining where a company engaged in multi-state operations has its principal place of business?

In 2002 the European Union adopted the _____________ to standardize the rules for determining where suits involving e-commerce may be brought.

When deciding a case,a federal court of appeals may ________ the final decision of the lower court.

For diversity purposes,a corporation is deemed a citizen of

Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.

The ______________ control the civil trial practices in all of the U.S.district courts.

The critical test under the Due Process Clause in determining whether jurisdiction over an out-of-state defendant exists is:

law, value creation, and risk management

Ethics ant the law

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales, licensing, and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

executive compensation and employee benefits

Criminal law

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters