Question 1

The process of requesting and transporting a prisoner from one state to another is called _____.

Accepted Answer

A)  res judicata 
B)  garnishment 
C)  execution 
D)  ratio decidendi 
E)  extradition 
A)  res judicata 
B)  garnishment 
C)  execution 
D)  ratio decidendi 
E)  extradition

Question 2

_____ is a method of enforcement that involves having a portion of a debtor's wages paid to a court,which in turn pays a creditor.

Accepted Answer

A)  A caucus 
B)  Garnishment 
C)  A deposition 
D)  Submission 
E)  A subpoena 
A)  A caucus 
B)  Garnishment 
C)  A deposition 
D)  Submission 
E)  A subpoena

Question 3

The person against whom a criminal charge is filed by the prosecuting state is called the respondent.

Accepted Answer

A) True 
 B)False

Question 4

What is standing to sue,and what must a plaintiff allege to establish required standing?

Accepted Answer

A court's power to resolve a controversy

Question 5

Why are class-action suits settled based on cost-benefit analysis?

Accepted Answer

One legal commentator has described the

Question 6

The presence of standing to sue is determined by the nature and source of a plaintiff's allegations.

Accepted Answer

A) True 
 B)False

Question 7

Maria has been sued in federal court by her former roommate,Theresa,who is a lawyer.Maria and her lawyer look at the complaint and see that it is vindictive and lacks any legitimate claims.Maria's lawyer determines that Theresa is merely bullying Maria and that the lawsuit is frivolous.In this case,Theresa is most likely to be __________.

Accepted Answer

A)  arrested after the statute of limitations runs out 
B)  extradited if a motion in limine is filed 
C)  sanctioned under Rule 11 of the Federal Rules of Civil Procedure 
D)  extradited if a motion for judgment notwithstanding the verdict is filed 
E)  disciplined under Rule 37 of the Uniform Commercial Code 
A)  arrested after the statute of limitations runs out 
B)  extradited if a motion in limine is filed 
C)  sanctioned under Rule 11 of the Federal Rules of Civil Procedure 
D)  extradited if a motion for judgment notwithstanding the verdict is filed 
E)  disciplined under Rule 37 of the Uniform Commercial Code

Question 8

How is personal jurisdiction over a defendant who resides in the same state as the court in which the suit is filed obtained?

Accepted Answer

Personal jurisdiction over a defendant u

Question 9

The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information __________.

Accepted Answer

A)  will lead to evidence admissible during a trial 
B)  will be indicative of guilt or innocence of a party in a trial 
C)  is a clear and convincing evidence of negligence 
D)  will be important enough to both of the disputing parties during a trial 
E)  is protected by lawyer-client confidentiality 
A)  will lead to evidence admissible during a trial 
B)  will be indicative of guilt or innocence of a party in a trial 
C)  is a clear and convincing evidence of negligence 
D)  will be important enough to both of the disputing parties during a trial 
E)  is protected by lawyer-client confidentiality

Question 10

Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.

Accepted Answer

A) True 
 B)False

Question 11

If one of the potential jurors is the brother of a defendant,the only way for a plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

Accepted Answer

A) True 
 B)False

Question 12

If a defendant does not respond to a complaint by the date provided in the summons in any way,the court is most likely to enter an order of _____.

Accepted Answer

A)  judicial restraint 
B)  stare decisis 
C)  discovery 
D)  voir dire 
E)  default 
A)  judicial restraint 
B)  stare decisis 
C)  discovery 
D)  voir dire 
E)  default

Question 13

A(n)_____ occurs when a court official,such as a sheriff or marshal,seizes some property of a debtor,sells it at public auction,and applies the proceeds to a creditor's claim.

Accepted Answer

A)  execution of a judgment 
B)  libel 
C)  judgment 
D)  caucus 
E)  extradition 
A)  execution of a judgment 
B)  libel 
C)  judgment 
D)  caucus 
E)  extradition

Question 14

Why are class-action suits popular?

Accepted Answer

A class-action suit is one in which one

Question 15

In jury selections,challenges for cause are also called peremptory challenges.

Accepted Answer

A) True 
 B)False

Question 16

Standing to sue depends upon the merits of a plaintiff's contention that particular conduct is illegal.

Accepted Answer

A) True 
 B)False

Question 17

Briefly describe the two standards to which the burden of proof is subject to in civil cases.

Accepted Answer

In civil cases,a party with the burden o

Question 18

Briefly describe the most revealing and expensive method of discovery.

Accepted Answer

The most expensive method of discovery i

Question 19

Briefly explain the function of jury instructions.

Accepted Answer

Following the closing arguments,a judge

Question 20

If a court has original jurisdiction over some claims in a class-action suit,which of the following jurisdictions is the court most likely to exercise over additional claims that are part of the same case including those that do not independently satisfy the amount-in controversy requirement?

Accepted Answer

A)  Supplemental jurisdiction 
B)  Personal jurisdiction 
C)  Diversity jurisdiction 
D)  Subject matter jurisdiction 
E)  Federal question jurisdiction 
A)  Supplemental jurisdiction 
B)  Personal jurisdiction 
C)  Diversity jurisdiction 
D)  Subject matter jurisdiction 
E)  Federal question jurisdiction

Exam 4: Litigation

The process of requesting and transporting a prisoner from one state to another is called _____.

_____ is a method of enforcement that involves having a portion of a debtor's wages paid to a court,which in turn pays a creditor.

The person against whom a criminal charge is filed by the prosecuting state is called the respondent.

What is standing to sue,and what must a plaintiff allege to establish required standing?

Why are class-action suits settled based on cost-benefit analysis?

The presence of standing to sue is determined by the nature and source of a plaintiff's allegations.

How is personal jurisdiction over a defendant who resides in the same state as the court in which the suit is filed obtained?

The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information __________.

Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.

If one of the potential jurors is the brother of a defendant,the only way for a plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

If a defendant does not respond to a complaint by the date provided in the summons in any way,the court is most likely to enter an order of _____.

A(n)_____ occurs when a court official,such as a sheriff or marshal,seizes some property of a debtor,sells it at public auction,and applies the proceeds to a creditor's claim.

Why are class-action suits popular?

In jury selections,challenges for cause are also called peremptory challenges.

Standing to sue depends upon the merits of a plaintiff's contention that particular conduct is illegal.

Briefly describe the two standards to which the burden of proof is subject to in civil cases.

Briefly describe the most revealing and expensive method of discovery.

Briefly explain the function of jury instructions.

If a court has original jurisdiction over some claims in a class-action suit,which of the following jurisdictions is the court most likely to exercise over additional claims that are part of the same case including those that do not independently satisfy the amount-in controversy requirement?

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