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

The Supreme Court has found a national policy expressed by Congress disfavoring arbitration agreements.

A judge will grant a motion to dismiss the complaint on all but the following grounds:

Under what circumstances should a judge grant a motion for summary judgment?

Cases before federal courts of appeal are usually presented before a panel of nine judges.

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?

Which of the following is true regarding age and citizenship requirements of federal judges?

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.

An affirmative defense ________ that the defendant has acted in a certain way but claims that the defendant's conduct was not the legal cause of harm to the plaintiff.

Diversity jurisdiction exists when

Which of the following are rules that prescribe which state's law should be applied to a particular kind of case?

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

The two coexisting judicial systems are a result of the ______ created by the U.S.Constitution,which gives certain powers to the federal government while reserving other powers to the states.

The ______ Amendment to the U.S.Constitution generally protects a state (or an agency thereof)from being sued without its consent in a federal court.

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

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

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

Jury challenges for cause are called preemptory challenges.

The process of questioning the witnesses is called voir dire.

Set forth when courts in the United States will honor a choice-of-forum clause.

Explain how a federal court hearing a diversity case would apply conflict-of -law rules.