Question 3 The court acquires jurisdiction over the defendant: In every lawsuit.
ID: 2419860 • Letter: Q
Question
Question 3
The court acquires jurisdiction over the defendant:
In every lawsuit.
Only if the defendant lives within the state where the court sits.
By virtue of the defendant’s residence in the United States.
When it gives him a copy of the complaint and a summons.
All of the above.
1 points
Question 4
What do most states hold as sufficient to allow the state to serve a defendant?
Only a defendant’s current physical presence within the state will suffice.
So long as the defendant had at one time been physically present in the state.
Acts like committing a tort or doing business in the state are sufficient.
The defendant need only be a U.S. citizen.
The defendant need only be present within the continental United States.
1 points
Question 5
What type of jurisdiction would allow a plaintiff to file suit against a person’s property?
Subject matter jurisdiction.
En personam jurisdiction.
Appellate jurisdiction.
In rem jurisdiction.
All of the above.
1 points
Question 6
A state may derive personal jurisdiction through the internet:
If the defendant committed knowing and repeated transmission of computer files with residents of that state.
If defendant maintained a passive web site that was viewed by residents of that state.
If the defendant has internet access.
In all situations.
Never.
1 points
Question 7
What determines which court system may hear a particular type of case?
In rem jurisdiction.
Exclusive federal jurisdiction.
State jurisdiction.
Concurrent federal jurisdiction.
Subject-matter jurisdiction.
1 points
Question 8
Concurrent jurisdiction covers two types of cases:
Foreign and domestic cases.
Federal-question and diversity-of-citizenship cases.
Criminal and civil cases.
State and local cases.
Pleasant and unpleasant cases.
1 points
Question 9
Each year, the American Tort Reform Association attempts to eliminate some legal guesswork for businesses by creating:
Tort reform.
A uniform court system.
A list of the country’s best attorneys.
A list of the nation’s top “judicial hellholes.”
All of the above.
1 points
Question 10
What determines which trial court will hear a case once it has been filed in the proper court system?
Venue.
Lottery.
Assignment.
Special judicial expertise.
Luck.
1 points
Question 11
How many circuit courts exist in the federal system?
5.
9.
12.
13.
17.
1 points
Question 12
State trial courts of limited jurisdiction:
Exist in every state.
Can grant only certain remedies.
Never conduct trials.
Are the only courts that conduct trials.
Do not exist.
1 points
Question 13
The American legal system requires that a plaintiff have a personal stake:
In the outcome of the case.
In the ownership of land within the court’s jurisdiction.
For dinner before trial.
To stab any vampires that rear their ugly heads.
In a business before they can be sued by that business.
1 points
Question 14
Courts can give final judgments that solve existing problems; they cannot provide:
For the payment of money.
Jail time.
The winner with a satisfactory remedy.
Rulings about hypothetical situations.
A solution to every lawsuit.
1 points
Question 15
Possible drawbacks to an adversary litigation system include:
The time and expense each lawsuit requires.
The damage a suit may cause to the litigating parties’ relationship.
The unfair advantage to those with wealth and experience using the court system.
All of the above.
None of the above.
1 points
Question 16
What prevents surprises at trial by allowing attorneys to prepare arguments to counter the other side’s claims?
Pleadings.
The rule of no surprises.
Federal law.
The Federal Rules of Civil Procedure.
The steps in civil litigation.
1 points
Question 17
A party may move, or request, that the court do:
Nothing; it is the Court’s job to initiate actions.
Everything; the Court will do nothing without the plaintiff’s request.
Almost anything pertaining to the case.
Something about the smell in the courtroom.
Push-ups and sit-ups.
1 points
Question 18
A motion for summary judgment asserts:
That the plaintiff should win.
That the defendant should win.
That the judge must recuse herself from the lawsuit.
That the opposing council is unfit for trial.
That no factual disputes exist.
1 points
Question 19
Some plaintiffs’ attorneys are now sending:
Litigation-hold demand letters to potential defendants.
Gift baskets to the judge before the trial begins.
A limousine to transport the plaintiff to the courthouse.
A limousine to transport the defendant to the courthouse.
The defendant a one-way bus ticket out of town.
1 points
Question 20
If the parties have waived their right to a jury:
A judge serves as the fact finder in the case.
Then there can be no trial.
Then the defendant automatically wins the case.
Then the plaintiff automatically wins the case.
The jury will only meet for the discovery process.
1 points
Question 21
The plaintiff bears the burden of proving the case, meaning:
That the plaintiff must provide doughnuts for the jury.
They have no preemptory challenges.
That the shadow jury cannot be used.
If neither side presents a convincing case, the jury must rule in favor of the defendant.
All of the above.
1 points
Question 22
In most civil cases, the plaintiff must prove her case by:
Showing the judge that she really deserves to win.
Showing that her claim is more likely to be true than the defendant’s claim.
Persuading every single juror that she is absolutely right.
Showing that there is no reasonable doubt that she should win.
Looking the prettiest.
1 points
Question 23
A judge often grants a motion for a new trial when:
The parties discover new evidence.
The judge mad an erroneous ruling.
Misconduct during the trial may have prevented the jury from reaching a fair decision.
All of the above.
None of the above.
1 points
Question 24
How many decisions may an appellate court render?
1.
2.
3.
4.
5.
1 points
Question 25
An appellate court usually has a bench:
Made of ivory.
Made out of wood.
Made out of copper.
That will never wear out.
With at least three judges.
In every lawsuit.
Only if the defendant lives within the state where the court sits.
By virtue of the defendant’s residence in the United States.
When it gives him a copy of the complaint and a summons.
All of the above.
Explanation / Answer
Answer 3
The court acquires jurisdiction over the defendant:=> All of the above
Answer 5
In rem Jurisdiction type of jurisdiction would allow a plaintiff to file suit against a person’s property
Asnwer 6
A state may derive personal jurisdiction through the internet=> If defendant maintained a passive web site that was viewed by residents of that state.
Answer 7
Subject matter jurisdiction court system may hear a particular type of case
Answer 8
Concurrent jurisdiction covers two types of cases: Criminal an Civil Cases.
Answer 9
Each year, the American Tort Reform Association attempts to eliminate some legal guesswork for businesses by creating: => A list of the nation’s top “judicial hellholes.”
Answer 10
trial court will hear a case once it has been filed in the proper court system on the basis of assignemnt
Answer 11
13 circuit courts exist in the federal system
Answer 12
State trial courts of limited jurisdiction:=> exist in every state and hear thos ecases where damages are less than ceratin amount as fixed by statue.
Answwr 13
The American legal system requires that a plaintiff have a personal stake: => In the outcome of the case
Answer 14
Courts can give final judgments that solve existing problems; they cannot provide: rulings about hypothetical situations.
Answer 15
Possible drawbacks to an adversary litigation system include:=> All of the above
Answer 16
Pleading prevents surprises at trial by allowing attorneys to prepare arguments to counter the other side’s claims?
Answer 17
A party may move, or request, that the court do: => Almost anything pertaining to the case.
Answer 18
A motion for summary judgment asserts:=> That no factual isputes exist it means that the parties agree on all the material facts.
Answer 19
Some plaintiffs’ attorneys are now sending=> Litigation-hold demand letters to potential defendants.
Answer 20
If the parties have waived their right to a jury => A judge serves as the fact finder in the case.
Answer 21
The plaintiff bears the burden of proving the case, meaning: => If neither side presents a convincing case, the jury must rule in favor of the defendant.
Answer 22
In most civil cases, the plaintiff must prove her case by: => Showing that her claim is more likely to be true than the defendant’s claim.
Answer 23
A judge often grants a motion for a new trial when: => All of the above
Answer 24
4 decisions may an appellate court render
Answer 25
An appellate court usually has a bench:With at least three judges.
Answer 16
Pleading prevents surprises at trial by allowing attorneys to prepare arguments to counter the other side’s claims?
Answer 17
A party may move, or request, that the court do: => Almost anything pertaining to the case.
Answer 18
A motion for summary judgment asserts:=> That no factual isputes exist it means that the parties agree on all the material facts.
Answer 19
Some plaintiffs’ attorneys are now sending=> Litigation-hold demand letters to potential defendants.
Answer 20
If the parties have waived their right to a jury => A judge serves as the fact finder in the case.
Answer 21
The plaintiff bears the burden of proving the case, meaning: => If neither side presents a convincing case, the jury must rule in favor of the defendant.
Answer 22
In most civil cases, the plaintiff must prove her case by: => Showing that her claim is more likely to be true than the defendant’s claim.
Answer 23
A judge often grants a motion for a new trial when: => All of the above
Answer 24
4 decisions may an appellate court render
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