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Law
Q:
Article V of the Constitution makes the Constitution, laws, and treaties of the United States Supreme over state law.
Q:
The exercise of the power of judicial review depends on the court's reading of the Constitution.
Q:
Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?
A. Minitrial
B. Summary judgment
C. Directed verdict
D. Peremptory challenges
Q:
What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.
Q:
Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas. Ned has never been to Texas in his life, has never had any contacts of any kind with the state, and refuses to appear in Texas to defend against Greg's suit. Later, after Greg wins a default judgment against Ned, Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas, hence Texas courts had no jurisdiction over him, and for this reason they could not affect his rights to the land. Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.
Q:
Dee sues Gerry for defamation. Dee thinks that the facts clearly are not as stated in Gerry's complaint and that, given Dee's version of the facts, Gerry cannot recover for defamation. What motion gives Gerry the best chance of winning the case early? What does it involve?
Q:
What are the consequences of document alteration or destruction that interferes with legitimate discovery requests?
Q:
A party may win a judgment even after the jury has reached a verdict against it through the procedure of:
A. mens rea.
B. non obstante veredicto.
C. demurrer.
D. habeas corpus.
Q:
Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely:
A. will be considered valid by federal courts.
B. will be considered unenforceable by all courts.
C. will result in employees having to mediate their employment-related claims against Dillon's.
D. will require an employee to mediate employment-related disputes.
Q:
A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called:
A. conciliation.
B. mediation.
C. minitrial.
D. arbitration.
Q:
In the form of alternative dispute resolution (ADR) called court-annexed arbitration:
A. a neutral third party is called in to mediate.
B. courts decide on certain types of criminal lawsuits.
C. the losing party has the right to a regular trial.
D. civil lawsuits are sent to the Supreme Court for a hearing.
Q:
Abby gets a state court civil judgment against Casey, but Casey does not pay. Which of the following is one of the tools available to Abby to enforce the judgment against Casey?
A. Mediation
B. Long-arm jurisdiction
C. Writ of execution
D. In rem jurisdiction
Q:
Harvey is planning to file a case against a petrochemical giant which has a plant in his town. The petrochemical plant is dumping toxic wastes into its surrounding areas. Harvey is mobilizing the residents of the town, all of whom have suffered from various health problems due to the activities of the plant. Which of the following would be of most help to Harvey and the other residents?
A. Demurrer
B. Class action
C. Directed verdict
D. Affirmative defense
Q:
Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party?
A. Class action
B. Garnishment
C. Non obstante veredicto
D. Settlement
Q:
The American legal system gives considerable power to the jury; however, it also has devices for limiting that power. The _____ provides a judgment to one party before the jury gets a chance to decide the case.
A. motion to dismiss
B. motion for a new trial
C. motion for summary judgment
D. motion for a directed verdict
Q:
Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule?
A. A request for written questions directed at the opponent.
B. Requests for admission directed at the opponent.
C. A request for a physical or mental examination of the opponent.
D. Requests for the production of documents in civil cases.
Q:
Malcolm has brought a lawsuit against Will. Malcolm feels that there is no genuine issue of material fact in dispute, and also that he is entitled to win this case as a matter of law. What legal procedure would allow Malcolm to win this case as quickly as possible?
A. Discovery
B. Voir dire
C. Jury trial
D. Summary judgment
Q:
At a _____, the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate, or agree to, a resolution of certain issues in order to simplify the trial.
A. demurrer
B. directed verdict
C. pretrial conference
D. minitrial
Q:
Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the:
A. motion to dismiss.
B. motion for summary judgment.
C. motion for judgment notwithstanding the verdict.
D. motion for a directed verdict.
Q:
The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:
A. deposition.
B. demurrer.
C. interrogatory.
D. directed verdict.
Q:
The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.
A. demurrer
B. counterclaim
C. discovery
D. affirmative defense
Q:
Which of the following characterizes discovery?
A. It begins before the pleadings are completed.
B. Information may be subject to discovery only if it is ultimately be admissible at trial under the legal rules of evidence.
C. It is an efficient and time-saving remedy for litigants.
D. Interrogatories are a commonly utilized form of discovery.
Q:
What are depositions?
A. Written questions directed to a party, answered in writing, and signed under oath.
B. Documentary evidence introduced at a trial.
C. Oral examinations of a party by the opposing party's attorney.
D. Written statements made during arbitration.
Q:
Which of the following notifies the defendant that he, she, or it is being sued?
A. Summons
B. Motion to Dismiss
C. Deposition
D. Interrogatories
Q:
The _____ are the documents that the parties file with the court when they first state their respective claims and defenses.
A. summons
B. pleadings
C. appeals
D. clauses
Q:
A(n) _____ must state the remedy requested in the case.
A. summons
B. interrogatory
C. affirmative defense
D. complaint
Q:
Which of the following may contain an affirmative defense?
A. Summons
B. Interrogatory
C. Complaint
D. Answer
Q:
A counterclaim differs from an affirmative defense in that, a counterclaim:
A. is a new claim by the plaintiff.
B. does not permit a defendant to claim for damages caused by a fraud.
C. is merely an attack on the plaintiff's claims.
D. attempts legal relief for the defendant.
Q:
In a case where concurrent jurisdiction exists, a state court may decide a case involving federal questions if:
A. it is a criminal case.
B. it is a civil case.
C. the plaintiff asserts so.
D. the defendant belongs to that state.
Q:
Today, most appealable decisions from the lower courts fall within the Supreme Court's _____ jurisdiction, under which the Court has discretion whether to hear the appeal.
A. appellate
B. certiorari
C. original
D. exclusive
Q:
In which of the following cases will the U.S. Supreme Court have original, but not exclusive, jurisdiction?
A. When the validity of any treaty has been questioned.
B. When the validity of a federal statute has been questioned.
C. When there is a controversy between two or more states.
D. When a state proceeds against citizens of another state.
Q:
Patent cases being litigated in the federal system are an example of:
A. concurrent jurisdiction.
B. original jurisdiction.
C. exclusive jurisdiction.
D. certiorari jurisdiction.
Q:
For federal "diversity" jurisdiction to exist:
A. the case must begin in a federal court of appeals.
B. the amount in controversy must exceed $75,000.
C. both the plaintiff and the defendant must be citizens of the same state.
D. the case must pertain to the Constitution, laws, or treaties of the United States.
Q:
In federal courts, a corporation is:
A. a citizen of only the place where is has been incorporated.
B. a citizen of only it principal place of business.
C. a citizen of both its place of incorporation and the state where it has its principal place of business.
D. a citizen of that state which has enacted a "long-arm" statute and thus has jurisdiction.
Q:
_____ jurisdiction exists when the case arises under the Constitution, laws, or treaties of the United States.
A. Original
B. Federal question
C. Diversity
D. Exclusive
Q:
Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of:
A. long-arm jurisdiction.
B. in personam jurisdiction.
C. venue.
D. standing.
Q:
Infobox Online, an Internet services provider, includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online. This clause will most likely be:
A. unenforceable because it was not the result of bargaining.
B. unenforceable against a subscriber in another state.
C. enforceable if the subscriber does not file a motion to dismiss.
D. enforceable if it is considered reasonable by a court.
Q:
Jurisdiction based on the presence of property within the state is called _____ jurisdiction.
A. in rem
B. personam
C. sui iuris
D. subject-matter
Q:
Jack, a resident of Texas, sued Jill, a resident of Kentucky, alleging breach of contract. Jack may attach Jill's bank account in Kentucky to recover the amount of the judgment from the account, if his suit is successful. This is an example of:
A. in rem jurisdiction.
B. in personam jurisdiction.
C. quasi in rem jurisdiction.
D. venue.
Q:
In general, a court has _____ if it is a territorially fair and convenient forum in which to hear the case.
A. venue
B. original jurisdiction
C. limited jurisdiction
D. standing
Q:
Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?
A. Choice of law clause
B. Forum selection clause
C. Substantive clause
D. Minimum contacts clause
Q:
Bob is a merchant in New York and Betty is a merchant in California. Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction, he might have to travel to California and hire a California litigation lawyer to litigate the dispute. What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues, it will take place in New York?
A. Confession of judgment clause
B. Forum selection clause
C. Choice of law clause
D. Substantive clause
Q:
The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.
Q:
What is a court's power to hear a case and to issue a decision binding on the parties called?
A. Jurisdiction
B. Prerogative
C. Venue
D. Assignment
Q:
A "long-arm" statute allows:
A. criminal courts jurisdiction over civil cases.
B. state courts more power than federal ones.
C. court's jurisdiction over out-of-state defendants.
D. appellate courts to hear new cases.
Q:
Calvin, a resident of South Park, Colorado, creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories. Ted, a resident of Northridge, California, posts a story on the website. Stu, another California resident from San Diego, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his website. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?
A. No, Ted's posting alone is not enough to create sufficient "minimum contacts."
B. Yes, Ted's posting creates sufficient "minimum contacts."
C. Yes, by creating a website that is accessible in California, Calvin has sufficient minimum contacts with that state.
D. Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.
Q:
Bubble Wrap Co. (BWC), an Atlanta corporation, has its principal place of business in New York. John, a resident of Florida, asserted on his website that BWC is engaged in ongoing criminal activity, scams, and phishing. BWC sued John in the U.S. District Court for the District of New York, alleging defamation and injury to BWC's business in New York. John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed. The court granted the defendant's motion and dismissed the case because:
A. BWC could not meet its burden of establishing sufficient minimum contacts.
B. BWC did not have subject-matter jurisdiction.
C. BWC neither had subject-matter jurisdiction nor in personam jurisdiction.
D. publishing of those statements did not amount to defamation and thus no injury was caused to BWC's business.
Q:
Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.
Q:
As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify.
Q:
Normally, a motion for summary judgment requires that a court decide there are genuine questions of fact and questions of law.
Q:
For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $500,000.
Q:
The doctrine of certiorari jurisdiction makes it mandatory for the U.S. Supreme Court to hear appeals from federal and state courts.
Q:
Brennan sues Melissa for breach of contract. In her reply, Melissa claims, among other things, that she should not be liable as she only entered the contract because Brennan defrauded her. This assertion is called an affirmative defense.
TRUE
Q:
The defendant must wait until after the pleadings have been completed before making a motion to dismiss.
Q:
In rem jurisdiction is based only on the fact that property of the defendant is located within the state.
Q:
Generally, forum selection clauses in form agreements are unenforceable.
Q:
In general, a court has venue if it is territorially fair and convenient for both parties to litigate the case in that court.
Q:
Minor criminal cases and civil disputes are decided in the appellate courts.
Q:
The plaintiff can sue the defendant in whatever court, and in whatever locale that the plaintiff wishes.
Q:
For a state trial court to have the power to decide a civil case, it must have in personam jurisdiction or in rem jurisdiction.
Q:
The assertion of specific in personam jurisdiction satisfies federal or state due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.
Q:
Explain the position adopted by legal positivists regarding law.
Q:
Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should pay attention to changing social values and let the law reflect those new values. How is this different from the natural law approach, which also talks about values?
Q:
Evan plans to open a Company named "Maryland" for which her trademark is "M". This trademark in no way resembles the famous McDonald's Trademark. However, she fears that the latter might think otherwise and sue her in future. Evan wants to take no risk and hence seeks the court's judgment on the issue. Can she do it?
A. Yes, she can do it because she wishes to seek the court's opinion.
B. Yes, she can do it under state and federal declaratory judgment statutes.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two marks are not similar.
Q:
Which technique of statutory interpretation was most emphasized (and used) in the Weber case in the text (Problem 2)?
A. The plain meaning rule.
B. Interpreting a statute consistent with its purpose.
C. Following prior interpretations of a statute.
D. Maxims of statutory construction.
Q:
What do statutes and administrative regulations have in common?
Q:
Cases are said to be _____ when there no longer is a real dispute between the parties.
A. ripe
B. moot
C. feigned
D. intangible
Q:
The doctrine of standing to sue implies that:
A. the lawsuit must benefit the public in general.
B. the plaintiff have a substantial stake in the litigation.
C. cases must be genuine controversies.
D. courts must not issue any advisory opinions in cases.
Q:
Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed, so long as there is a real case or controversy between them?
A. No liability outside privity of contract rule
B. Ejusdem generis
C. A declaratory judgment statute
D. Public law
Q:
Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary?
A. Ejusdem generis
B. Standing to sue
C. Declaratory judgment
D. Precedents
Q:
The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race. Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?
A. Maxims
B. Precedents
C. General public purposes
D. Standing to sue
Q:
Which of the following is false about the power of courts?
A. Courts are not absolutely bound to favor one technique of statutory interpretation over another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Courts can make or interpret law in the absence of a case.
Q:
What is the main argument for avoiding a statute's plain meaning or legislative history of, and instead following prior interpretation in a case?
A. Plain meaning is subject to debate
B. Promoting stability and certainty
C. Legislative history can be contentious
D. Saving the court's valuable time
Q:
_____ are general rules of thumb employed in statutory interpretations.
A. Idioms
B. Phrases
C. Quotations
D. Maxims
Q:
What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case?
A. Keep the particular statute aside
B. Fill in the details on a case-to-case basis
C. Refer to a different statute
D. Initiate a debate in the legislature
Q:
What do courts begin their interpretation of a clearly worded statute with?
A. Its plain meaning
B. Its legislative history
C. Records of legislative debates
D. Its different amendments
Q:
Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility. Marina, aged 55 years, was provided transport facility. However Henry, aged 46 years, was denied the same. Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the old. Will Henry succeed in the court of law?
A. Yes, as per the plain meaning rule of statutory interpretation.
B. Yes, as per the rule of general public purpose.
C. No, as per the rule of legislative purpose.
D. No, as per federal law.
Q:
What are legal rules in prior cases called?
A. Statutes
B. Precedents
C. First impressions
D. Uniform laws
Q:
Henry and Barbara were sharing a Kool-Aid, and they were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital. On a doctor's suggestion, they underwent several tests. In the meantime, in an action for torts, Kool-Aid analysts proved that the object found in the bottle was indeed a sugar mould. Under the given circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no damage has occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from injuries sustained in an impact. There was no injury in this case.
B. No. They should have checked the cold drink before consuming it; the company is hence, not liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact.
D. Yes. The company is liable to its consumers because the impact rule does not apply in such a case.
Q:
In which of the following circumstances, under the doctrine of stare decisis, does the common law rule stated in an earlier judgment not apply to a present case?
A. Only when the case concerns a government agency.
B. Only when the court distinguishes the earlier decision.
C. Only when the parties involved jointly appeal to the courts to do so.
D. The doctrine of stare decisis does not allow this kind of a situation.