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

Fact Pattern 3-1 Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he 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 Bruce's claim that the lawsuit could only be appropriately filed in a state court?

Fact Pattern 3-2 Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the employer committed sex discrimination. Sally says that she has heard 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?

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

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

When a lawsuit is originally filed,the case name appears as appellant v appellee.

The process of questioning potential jurors is called discovery.

Assuming that more than one forum has jurisdiction over a lawsuit,the doctrine of ____________ involves a determination of which forum is more appropriate.

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

The party appealing a case is referred to as which of the following?

Robert had a dispute with his neighbor regarding the location of the property line. Robert's attorney suggests to Robert 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?

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

Federal courts are commonly referred to as courts of limited jurisdiction.Over what three types of cases do federal district courts have jurisdiction?

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

Which of the following is a term referencing the method used for determining the citizenship of a corporation for purposes of diversity of citizenship?

Which of the following was the result at the U.S.Supreme Court level in Wal-Mart Stores,Inc.v.Dukes,the case in the text involving the issue of whether the plaintiffs could proceed with a class action against Wal-Mart alleging sex discrimination?

There are thirteen federal courts of appeal.

For diversity jurisdiction to exist there must be litigants from at least three different states.

What is the inscription on the front of the U.S.Supreme Court building in Washingto,D.C.?

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.

Court opinions are published in collections of court opinions called reporters.