Review Session Exam 1

Question 1

State trial courts that are called county, district, superior, or circuit courts are most likely to have

appellate jurisdiction.

general jurisdiction.

limited jurisdiction.

no jurisdiction.

Answer 1

general jurisdiction.

Question 2

Subject-matter jurisdiction can be limited by all except:

Stare Decisis

the subject matter of the lawsuit

the sum in controversy

whether the proceeding is a trial or appeal

Answer 2

Stare Decisis

Question 3

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

no court to exercise jurisdiction.

a federal court to exercise jurisdiction.

any court to exercise jurisdiction.

the United States Supreme Court to refuse jurisdiction.

Answer 3

a federal court to exercise jurisdiction.

Question 4

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

Answer 4

statutory law.

Question 5

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO’s policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Congress.

any state.

the President.

none of the choices.

Answer 5

Congress

Question 6

1. Negotiation:

Answer 6

A process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them

Question 7

2. Mediation:

Answer 7

A neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution or make a recommendation that works as a suggestion

Question 8

3. Arbitration:

Answer 8

The settling of a dispute by submitting it to a disinterested third party (other than court) who rends a decision. The decision may or may not be legally binding.

Question 9

Arbitration

Answer 9

A court will set aside an award only in the event of one of the following:
- The arbitrator’s conduct or bad faith substantially prejudiced the rights on one of the parties
- The award violates an establish public policy
- The arbitrator exceeded her or his powers
- That is, arbitrated issues that the parties did not agree to submit arbitration

Question 10

Motion to dismiss:

Answer 10

A motion that asks the court to dismiss the case for a specified reason such as lack of personal jurisdiction or failure to state a claim

Question 11

Motion to strike:

Answer 11

A defendant’s motion asking the court to strike (delete or remove) certain paragraphs from the complaint to better clarify the issues in dispute

Question 12

Motion to make more definite or certain:

Answer 12

A motion by the defendant when the complaint is vague that asks the court to compel the plaintiff to clarify the cause of action

Question 13

Judgement NOV

Answer 13

If the jury comes to an unreasonable outcome, judgement NOV often comes into play

Question 14

Discovery

Answer 14

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trail

Question 15

What if I delayed the request or altered evidence during the period of discovery?

Answer 15

Spoilation