Question 1

The jury's verdict in a summary jury trial is not binding on the parties.

Accepted Answer

A) True 
 B)False

Question 2

The decisions of the U.S.Courts of Appeals are binding on the other federal courts except for the U.S.Supreme Court.

Accepted Answer

A) True 
 B)False

Question 3

Diversity of citizenship exists when:

Accepted Answer

A)  the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens. 
B)  a foreign country brings an action against citizens of the United States. 
C)  the controversy is between citizens of the United States and citizens of a foreign country. 
D)  All of these. 
A)  the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens. 
B)  a foreign country brings an action against citizens of the United States. 
C)  the controversy is between citizens of the United States and citizens of a foreign country. 
D)  All of these.

Question 4

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Accepted Answer

A) True 
 B)False

Question 5

Jean is called for jury duty.However, the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males.The defendant's attorney:

Accepted Answer

A)  will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror. 
B)  will succeed in keeping Jean off the jury because his defendant is a male. The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean. 
C)  may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional. 
D)  may not have the privacy of his theory of a case as manifested in peremptory challenges invaded by a judge. 
A)  will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror. 
B)  will succeed in keeping Jean off the jury because his defendant is a male. The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean. 
C)  may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional. 
D)  may not have the privacy of his theory of a case as manifested in peremptory challenges invaded by a judge.

Question 6

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?
​

Accepted Answer

A)  The defendant prevails in the class action, so individual members must bring their own suits to obtain relief. 
B)  The defendant prevails in the class action, but each individual member may appeal. 
C)  The plaintiff prevails and each member of the class may choose between recovery or bringing an individual suit. 
D)  The plaintiff prevails and each member of the class is eligible to recover according to the criteria of the case. 
A)  The defendant prevails in the class action, so individual members must bring their own suits to obtain relief. 
B)  The defendant prevails in the class action, but each individual member may appeal. 
C)  The plaintiff prevails and each member of the class may choose between recovery or bringing an individual suit. 
D)  The plaintiff prevails and each member of the class is eligible to recover according to the criteria of the case.

Question 7

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

Accepted Answer

A) True 
 B)False

Question 8

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

Accepted Answer

A) True 
 B)False

Question 9

Discuss the provisions regarding arbitration of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
 ​

Accepted Answer

In the Dodd-Frank Wall Street Reform and

Question 10

Appellate judges can reverse a decision of the trial court:

Accepted Answer

A)  where any error below is found. 
B)  only where there was a prejudicial error that substantially affected the appellant's rights and duties. 
C)  only where the outcome of the case is clearly wrong. 
D)  where the losing party desires a new trial. 
A)  where any error below is found. 
B)  only where there was a prejudicial error that substantially affected the appellant's rights and duties. 
C)  only where the outcome of the case is clearly wrong. 
D)  where the losing party desires a new trial.

Question 11

Explain how state courts are affected by federal court decisions under the doctrine of stare decisis.

Accepted Answer

A United States Supreme Court decision o

Question 12

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

Accepted Answer

A) True 
 B)False

Question 13

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution, and what are their advantages and disadvantages?

Accepted Answer

Alternative dispute resolution refers to

Question 14

Describe how a civil case is commenced and how it proceeds through the court system.Be sure to use appropriate terminology in describing the various stages of a lawsuit.

Accepted Answer

The three stages in a lawsuit are: (1) t

Question 15

Briefly discuss enforcement of a judgment.

Accepted Answer

Enforcement faces the winning party if t

Question 16

Harris was awarded $4 million in damages in a malpractice case against Dr.Kelsoe.The doctor's attorney filed a motion for a new trial.The motion may be granted if:

Accepted Answer

A)  the damages are excessive. 
B)  the verdict was against the weight of the evidence. 
C)  the trial was unfair. 
D)  All of these. 
A)  the damages are excessive. 
B)  the verdict was against the weight of the evidence. 
C)  the trial was unfair. 
D)  All of these.

Question 17

The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following are pleadings?

Accepted Answer

A)  Complaint, summons, answer, reply. 
B)  Interviews, discovery, witness list. 
C)  Summons, depositions, voir dire . 
D)  Arbitration, written interrogatories 
A)  Complaint, summons, answer, reply. 
B)  Interviews, discovery, witness list. 
C)  Summons, depositions, voir dire . 
D)  Arbitration, written interrogatories

Question 19

Patricia has a valid judgment against David, which she now wishes to execute.David has no assets in the state where the judgment was entered.He has now moved to California where rumor has it he owns thousands of acres of beach-front property.Patricia may execute her judgment in California based on what type of jurisdiction?

Accepted Answer

A)  Subject matter jurisdiction. 
B)  Concurrent federal jurisdiction. 
C)  Quasi in rem jurisdiction. 
D)  Diversity of citizenship jurisdiction. 
A)  Subject matter jurisdiction. 
B)  Concurrent federal jurisdiction. 
C)  Quasi in rem jurisdiction. 
D)  Diversity of citizenship jurisdiction.

Question 20

In AT&T Mobility LLC v.Concepcion , the U.S.Supreme Court held t hat the FAA preempted state law that would have prohibited the enforcement of a consumer arbitration clause requiring consumer complaints to be arbitrated individually instead of on a class-action basis.

Accepted Answer

A) True 
 B)False

Exam 3: Civil Dispute Resolution

The jury's verdict in a summary jury trial is not binding on the parties.

The decisions of the U.S.Courts of Appeals are binding on the other federal courts except for the U.S.Supreme Court.

Diversity of citizenship exists when:

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Jean is called for jury duty.However, the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males.The defendant's attorney:

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome? ​

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

Discuss the provisions regarding arbitration of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. ​

Appellate judges can reverse a decision of the trial court:

Explain how state courts are affected by federal court decisions under the doctrine of stare decisis.

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution, and what are their advantages and disadvantages?

Describe how a civil case is commenced and how it proceeds through the court system.Be sure to use appropriate terminology in describing the various stages of a lawsuit.

Briefly discuss enforcement of a judgment.

Harris was awarded $4 million in damages in a malpractice case against Dr.Kelsoe.The doctor's attorney filed a motion for a new trial.The motion may be granted if:

The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Which of the following are pleadings?

In AT&T Mobility LLC v.Concepcion , the U.S.Supreme Court held t hat the FAA preempted state law that would have prohibited the enforcement of a consumer arbitration clause requiring consumer complaints to be arbitrated individually instead of on a class-action basis.

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?

Discuss the provisions regarding arbitration of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.