Chapter 2 Flashcards
To successfully appeal, the party must show that an error was made, even a trivial error.
True or False?
False
Many cities have courts designed to handle civil matters involving a limited amount of money. These courts are called:
Multiple Choice
Small claims court
Court of appeals
Municipal courts
Courts of record
Small claims court
If parties to a dispute are from different states, and the amount involved in the dispute is $75,000 or more, the plaintiff may choose to bring suit in either state or federal court.
True or False?
True
A mediator merely facilitates negotiation; no award or opinion on the merits of the dispute is given by the mediator.
True or False?
True
A lawsuit cannot proceed if the Plaintiff lacks standing.
True or False?
True
Nancy, while at home in Florida, entered into a contract to purchase a diamond ring valued at $50,000 from Erik, who lives in New York. If Erik breaches the contract, Nancy may choose to sue Erik in federal court.
True or False?
False
Appellate courts hear evidence and determine facts.
True or False?
False
Jill properly receives proper notification of a civil complaint filed against her in federal court. This makes her very anxious; so, she puts the complaint in a desk drawer and tries to forget about it. If Jill fails to respond to the complaint as required, which of the following is the most likely result?
Multiple Choice
The plaintiff will be granted a default judgment.
The judge will enter a show cause order against Jill.
The plaintiff will be required to refile the complaint.
The judge will order that Jill be picked up by local law enforcement and brought to court.
The plaintiff will be granted a default judgment
Which of the following is served on a defendant giving the defendant notice of a lawsuit filed against him or her?
Multiple Choice
A demurrer
A demand
A summons
An allegation
A summons
Molly sues retired General Smith, a highly decorated local war hero whose statue is on the lawn of the courthouse where her suit was filed. Molly is concerned about having a fair and unbiased jury. Which of the following should she consider?
Multiple Choice
Asking for a disqualification of potential jurors who have lived in the county for over ten years.
Making a motion for recusal.
Making a motion for a change of venue.
Asking for a dismissal of the lawsuit.
Making a motion for a change of venue.
Al runs an appliance store in Georgia where he lives. Betty bought a freezer from Al at his store in Georgia. Betty later moved to Florida taking the refrigerator with her. Shortly after the move, the refrigerator malfunctioned resulting in a fire destroying Betty’s home. She sues Al in state court in Florida alleging that he made misrepresentations regarding the quality of the refrigerator. Which of the following motions should Al’s lawyer best pursue?
Multiple Choice
A motion for change of venue.
A motion to dismiss based on a lack of personal jurisdiction.
A motion to dismiss on the basis that the case is moot.
A motion to remove the case to federal court.
A motion to dismiss based on a lack of personal jurisdiction.
A United States court of appeals is empowered to:
Multiple Choice
review legal conclusions reached by lower federal courts.
accept appeals only from other districts.
hear cases that have been appealed from U.S. Supreme Court decisions.
assume final responsibility for interpretation of the U.S. Constitution and federal statutes.
review legal conclusions reached by lower federal courts.
Which of the following is a method or type of discovery?
Multiple Choice
Trial
Pretrial conference
Deposition
Complaint
Deposition
Ann was sued for defamation. A few days ago, a jury rendered a substantial verdict against her. Ann claims that, over her attorney’s objection, the judge inappropriately admitted evidence that should have been excluded from the trial. Which of the following is true regarding the best course of action for Ann?
Multiple Choice
She should appeal under the theory that a defendant against whom a large judgment is entered is automatically entitled to a new trial by the appellate judges.
There is nothing she can do because the jury has already returned a verdict.
She should appeal under the theory that an appellate court should reverse and remand for further proceedings when a trial court improperly admits evidence constituting material error.
She should appeal under the theory that an appellate court should reverse and enter a verdict in favor of a party against whom a trial court judge improperly admitted material or immaterial evidence.
She should appeal under the theory that an appellate court should reverse and remand for further proceedings when a trial court improperly admits evidence constituting material error.
An attorney may be sued by their client for malpractice if the attorney fails to properly assert a defense for the client or fails to attend a court hearing.
True or False
True
