Question 1

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 the above. D

Question 2

The definition of in rem jurisdiction is jurisdiction based on claims against property.

Accepted Answer

A) True 
 B)False  True

Question 3

A Virginia court reached a verdict in favor of Maddock, but he was unable to collect the judgment from Brise with Brise's property located within Virginia.Brise does, however, have a bank account in Maryland sufficient to pay the judgment.Maddock:

Accepted Answer

A)  cannot reach Brise's Maryland property.
B)  can bring an action in Maryland on the Virginia judgment.Because of the constitutional requirement of full faith and credit, Maddock will be able to obtain a Maryland judgment that may be enforced by garnishment.
C)  can automatically collect on the judgment with Brise's property located in Maryland.
D)  must file a motion for a new trial in Maryland, seeking a special verdict, in order to collect the judgment with Brise's Maryland property. B

Question 4

Explain the process of jury selection and the differences in challenges for cause and peremptory challenges.In addition, discuss the implications of race-based exclusions from a jury by a state prosecutor and by a private defense attorney.

Accepted Answer

The answer of Explain the process of jury selection and...

Question 5

Which of the following are pleadings?

Accepted Answer

A)  Complaint, summons, answer, reply.
B)  Interviews, discovery, witness list, arbitration.
C)  Summons, depositions, written interrogatories, voir dire.
D)  Both (a)  and (b) .

Question 6

The procedural stage of a lawsuit after the pleadings but before trial is the:

Accepted Answer

A)  peremptory challenge stage.
B)  discovery stage.
C)  special verdict stage.
D)  offer of proof stage.

Question 7

A quorum for the United States Supreme Court consists of any three justices.

Accepted Answer

A) True 
 B)False

Question 8

The pleadings in a lawsuit include:

Accepted Answer

A)  the complaint.
B)  an answer.
C)  written interrogatories.
D)  Both (a)  and (b)  above.

Question 9

B & B, Inc.is incorporated in Delaware, but it has its principal place of business in Minnesota.It does much of its business in California.For purposes of diversity of citizenship, B & B is a resident of:

Accepted Answer

A)  Delaware.
B)  Minnesota.
C)  Both Delaware and Minnesota.
D)  Delaware, Minnesota, and California.

Question 10

Janet's husband, John, is called for jury duty and is selected for possible service on a jury.However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news.If the defendant asks the judge to excuse John from serving on the jury and the judge agrees:

Accepted Answer

A)  this is a valid challenge for cause.
B)  this is a valid peremptory challenge.
C)  this is not a valid challenge.
D)  the plaintiff's attorney can have John serve by making an offer of proof to the judge.

Question 11

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

Accepted Answer

A)  one
B)  two
C)  three
D)  four

Question 12

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals.He would like to have the United States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

Accepted Answer

A)  forum non conveniens.
B)  writ of certiorari.
C)  en banc appeal.
D)  motion for supreme judgment.

Question 13

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

Accepted Answer

A) True 
 B)False

Question 14

Jared, a citizen of Missouri, brings suit in federal court against Cryden Corp., which has its principal place of business in Kansas.The court in this diversity of citizenship suit must apply federal substantive law and procedural rules.

Accepted Answer

A) True 
 B)False

Question 15

The U.S.Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Accepted Answer

A)  Patent and Trademark Office.
B)  Tax Court.
C)  Bankruptcy Courts.
D)  All of the above.

Question 16

Define and describe alternative dispute resolution.Discuss the advantages and disadvantages of the various alternative dispute resolution methods.

Accepted Answer

The answer of Define and describe alternative dispute resolution.Discuss the...

Question 17

Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.In this case:

Accepted Answer

A)  Alice can attach Bill's automobile in Ohio to satisfy her court judgment.
B)  Alice must go to Kentucky to satisfy her judgment.
C)  Alice has no recourse against Bill because he has left the state.
D)  Ohio has no jurisdiction over Bill because he is a resident of Kentucky.

Question 18

A state may only obtain jurisdiction over defendants that reside within that state.

Accepted Answer

A) True 
 B)False

Question 19

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.In this case:

Accepted Answer

A)  the defendant's attorney 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)  the attorney 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)  the defense attorney's use of the peremptory challenge to exclude Jean from the jury could be successfully contested and disallowed because it is unconstitutional.
D)  a judge may not invade the privacy of an attorney's theory of a case as manifested in peremptory challenges.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 3: Civil Dispute Resolution

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 definition of in rem jurisdiction is jurisdiction based on claims against property.

A Virginia court reached a verdict in favor of Maddock, but he was unable to collect the judgment from Brise with Brise's property located within Virginia.Brise does, however, have a bank account in Maryland sufficient to pay the judgment.Maddock:

Explain the process of jury selection and the differences in challenges for cause and peremptory challenges.In addition, discuss the implications of race-based exclusions from a jury by a state prosecutor and by a private defense attorney.

Which of the following are pleadings?

The procedural stage of a lawsuit after the pleadings but before trial is the:

A quorum for the United States Supreme Court consists of any three justices.

The pleadings in a lawsuit include:

B & B, Inc.is incorporated in Delaware, but it has its principal place of business in Minnesota.It does much of its business in California.For purposes of diversity of citizenship, B & B is a resident of:

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals.He would like to have the United States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

Jared, a citizen of Missouri, brings suit in federal court against Cryden Corp., which has its principal place of business in Kansas.The court in this diversity of citizenship suit must apply federal substantive law and procedural rules.

The U.S.Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Define and describe alternative dispute resolution.Discuss the advantages and disadvantages of the various alternative dispute resolution methods.

Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.In this case:

A state may only obtain jurisdiction over defendants that reside within that state.

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.In this case:

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