Dynamic business law the essentials 2nd edition kubasek test bank.1.Dynamic Business Law The Essentials 2nd Edition Kubasek TEST BANKFull clear download (no error formatting) at:A court must have several types of jurisdiction to decide any particular case.True False2. In rem jurisdiction references jurisdiction over a person subject to an order of guardianship.True False3. Under federal statutory law Internet transactions cannot be the basis for a finding of in personamjurisdiction.True False4. Subject-matter jurisdiction is a court's power to hear certain kinds of cases.True False5. State courts have the power to hear all cases not within the exclusive jurisdiction of the federal courtsystem.True False6. Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.True False7.
Once a case is in the proper court system, venue determines which trial court in the system will hear thecase.True False8. A person who has the legal right to bring an action in court has standing.True False9. Under our system of justice, courts may issue advisory opinions.True False10. In some cases, the U.S. Supreme Court functions as a trial court.True False11. Intermediate courts of appeal exist in all states.True False12.
The defendant responds to a complaint with an answer.True False13. A defendant who believes that he or she has a claim against the plaintiff would include a counterclaimwith the answer.True False14. A reply is an answer to a counterclaim.True False15. A party only has a limited number of challenges for cause in jury selection.True False16. Peremptory challenges in jury selection may not be racially based.True False.17.
Only one party may appeal from a final judgment.True False.18. If an appellate judge agrees with the majority's decision but for different reasons, the judge may writea 'concurring' opinion.True False19. On average, the U.S. Supreme Court hears 300 cases a year.True False20. The term ADR refers to the resolution of legal disputes through methods other than litigation.True False21. Courts are generally critical and unsupportive of ADR methods.True False22.
A person must be a lawyer in order to serve as an arbitrator.True False23. An arbitrator is more likely to issue a compromise decision than a judge.True False24. Med-arb is a type of ADR method.True False25. Early neutral case evaluation provides a binding ruling by a neutral.True False26. Which of the following do appellate courts primarily handle?A.
Questions of lawB. Questions of factC.
Questions of law and factD. Cases when they initially enter the legal systemE. Questions of law and fact, and also cases when they initially enter the legal system27. Which of the following is a question of fact?A.
Whether a vehicle ran a traffic lightB. Whether premeditation is necessary for a first degree murder convictionC. Whether speech is protected by the First AmendmentD. What is necessary for service of processE.
Whether a vehicle ran a traffic light and also what is necessary for service of process28. A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint.
That process iscalled.A. Summons issuanceB. Service of processC. Service deliveryD.
Subpoena deliveryE. In personam service29. Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficientminimum contacts within the state and it seems fair to assert jurisdiction are called.A. Minimum contact statutesB.
Significant contact statutesC. Long-arm statutesD. In rem statutesE. There are no such laws.30.
Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece ofland left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is inGeorgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdictionover the dispute?A A court in Georgia would not have jurisdiction. The case would have to be brought in a state in which. At least one of the brothers lives.B.
A court in Georgia would have in rem jurisdiction over the dispute.C. A court in Georgia would have in personam jurisdiction over the dispute.D A court in Georgia would have jurisdiction over the dispute only if all brothers signed a consent form. Agreeing to bring the case in Georgia.E A court in Georgia would have original jurisdiction, but appellate jurisdiction would be in a state in. Which at least one of the brothers lives.31. Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damageto Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for afarm in Alabama.
Which of the following is true?AA court in Michigan can exercise in rem jurisdiction over the farm and authorize its sale. Over Paul's amount of damages would go Susan.BA court in Illinois can exercise quasi in rem jurisdiction over the farm and authorize its sale. Excess over Paul's amount of damages would go to Paul for his trouble.C A court in Alabama can exercise in rem jurisdiction over the farm and authorize its sale.
Over Paul's amount of damages would go Susan.DA court in Alabama can exercise quasi in rem jurisdiction over the farm and authorize its sale. Excess over Paul's amount of damages would go Susan.EA court in Alabama can exercise quasi in rem jurisdiction over the farm and authorize its sale. Excess over Paul's amount of damages would go to Paul for his trouble.32. Which of the following is true regarding state and federal court jurisdiction?A. State courts begin with exclusive jurisdiction until a federal court intervenes.B. In all cases state courts have concurrent jurisdiction with the federal courts.C.
Federal courts begin with exclusive jurisdiction until a state court intervenes.D In all cases state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction. To a federal court in the state.EIn some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent. Jurisdiction with the federal courts; and state courts also have the power to hear all cases not within theexclusive jurisdiction of the federal court system.33. Which of the following is true regarding federal jurisdiction?A.
Dynamic Business Law The Essentials Second Edition Answers
There is no exclusive federal jurisdiction in civil matters.B. If a case falls within federal jurisdiction, it may not also fall within state jurisdiction.C.Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federalcourt jurisdiction.D.
Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminalmatters.E Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has. Exclusive jurisdiction over some cases.34. Over which of the following does the federal court system have exclusive jurisdiction?A. Admiralty cases and bankruptcy cases, but not federal criminal prosecutionsB. Admiralty cases and federal criminal cases, but not bankruptcy cases.C. Federal criminal prosecutions and bankruptcy cases, but not admiralty cases.D. Diversity cases onlyE.
Admiralty cases, bankruptcy cases, and federal criminal prosecutions.35. Which of the following is needed for diversity-of-citizenship?A. Only that the plaintiff not reside in the same state as the defendant.B. Only that the plaintiff reside in the same state as the defendant.C. Only that the controversy concern an amount in excess of $75,000.D.
Only that the controversy concern an amount in excess of $100,000.E.Both that the plaintiff and the defendant reside in different states and that the controversy concerns anamount in excess of $75,000.36. For purposes of diversity-of-citizenship, where does a corporation reside?A. The state of incorporation only.B.
The state in which the corporation has its principal place of business only.C. Both the state in which the corporation has its principal place of business and the state ofincorporation.D. Any state in which the corporation does business.E. Any state in which the corporation has done business within the last five years.37. Assume a plaintiff files a case in state court that could also have been filed in federal court. Does thedefendant have any choice in the matter?A.
The defendant has no choice, and the case will stay in state court.B. The defendant can have the case moved to federal court only if federal question jurisdiction isinvolved.C. The defendant can have the case moved to federal court only if the state trial court judge grantspermission.D The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state. Court are paid by the defendant.E. The defendant has a right to remove the case to federal court.38. Which of the following is typically an appropriate venue in a lawsuit?A. Only the trial court where the defendant resides.B.
Only the trial court where the plaintiff resides.C. Only the location where the dispute occurred if the lawsuit focuses on a particular incident.D. Both the trial court where the defendant resides and the trial court where the plaintiff resides.E The trial court where the defendant resides and also the location where the dispute occurred if the. Lawsuit focuses on a particular incident.39. Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however,of which county in which to proceed. Which of the following address the proper county?A.
In personam jurisdictionB. Subject-matter jurisdictionD. Diversity jurisdictionE. Long-arm jurisdiction40.
Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that sheshould sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?A. Yes, so long as you give any money received to Yolanda.B. Yes, but only if Yolanda signs a permission slip at the court.C.
Yes, but only if the dispute is for an amount under $25,000.D. No, because there is no venue.E. No, because you have no standing.41.
Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial for $1,000. Thelawsuit is now.A. What are the trial courts in the federal court system called?A. District courtsB.
Circuit courtsC. Federal circuit courtsD. Federal jurisdictional courtsE.
Preemptory courts43. How many circuits does the U.C.
Courts of Appeal have?A. Assuming there are no vacancies, how many U.S. Supreme Court justices are there?A.
Which of the following is true of the Supreme Court in Japan?A. The Japanese system utilizes a well developed jury system.B. The Japanese discovery process is similar to that in the U.S.C.
The Japanese legal system has a distinct pretrial stage.D. At the first meeting between the parties, discovery is conducted.E. None of these46. Which of the following is true regarding state courts of appeal?A. States only have an intermediate court of appeals if there is no state supreme court.B. In states that do not have an intermediate court of appeal, appeals go to the federal court of appeals.C.
In states that do not have an intermediate court of appeal, there is no right of appeal to any court.D. All states in this country have intermediate courts of appeal.E. Not all states have intermediate courts of appeal; and in those states, appeals go to the state court oflast resort.47. The requirement ensures that courts do not render advisory opinions.A. Subject-matter jurisdictionC. Case or controversyD.
In persona48. A is a judgment in favor of the plaintiff that occurs when the defendant fails to answerthe complaint and the plaintiff's complaint alleges facts that would support such a judgment.A.
Default judgmentB. Automatic judgmentC. Delineated response judgmentD. Pleading judgment.49. A defendant uses an when her or his answer admits that the facts contained in thecomplaint are accurate but also includes additional facts that justify the defendant's actions and provide alegally sound reason to deny relief to the plaintiff.A.
Secondary answerB. Pleading defenseC.
Affirmative defenseD. Formal answerE.
Personam answer50. The court may properly grant a if after reviewing the pleadings, the judge determinesthat the only reasonable decision is in favor of the moving party.A.
Motion for judgment on the pleadingsB. Motion for summary judgmentC. Motion for sanctionsD.
Motion for discoveryE. Motion for production51. Which of the following are tools of discovery?A. Summary motionsD.
Both interrogatories and depositions, but not summary motionsE. Interrogatories, depositions, and summary motions52. Which of the following are written questions that one party sends to another to answer under oath?A.
Sworn assertions53. At an attorneys examine a witness under oath with a court reporter present.A. Pre-trial conferenceE. Pre-trial mediation54. Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in theaccident, would like to preserve his testimony for trial in case he dies before the trial date. What shouldPat do?A.
Send interrogatories to Billy.B. Take Billy's deposition.C.
Send a request to admit to Billy that the accident was the defendant's fault.D. Have a conference with the judge and Billy.E. There is nothing she can do.55. Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car. Onwhat basis is Amber's testimony objectionable?A. It is not objectionable.B.
Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance claiming that theneighbor plays music too late at night. Candy puts Ann on the stand and asks her questions. Candy isinvolved in which of the following?A. Direct examinationB. Judicial examinationD. Specific questioningE. Redirect questioning57.
Which of the following is a type of ADR?A. Case argumentD. Case analysisE. Focus grouping58. Which of the following is accurate regarding the speed and cost of ADR?A. It is usually faster and cheaper.B.
It is usually faster but more expensive.C. It is usually slower and more expensive.D. It is usually slower but cheaper.E. No studies have known, so the answer is unknown.59. Which of the following is an extension of negotiation?A. Neutral case evaluationsD. Private trials60.
Which of the following is an advantage of mediation?A. Only that it helps disputing parties preserve their relationships.B. Only that parties to mediation have a high level of autonomy.C. Only that the mediator solves the dispute if the parties are unable to do so.D. It helps disputing parties preserve their relationships, and also parties to mediation have a high level ofautonomy.EIt helps disputing parties preserve their relationships, parties to mediation have a high level of. Autonomy, and the mediator solves the dispute if the parties are unable to do so.61. The arbitrator typically provides a decision within days of an arbitration hearing.A.
When is an arbitrator's decision called an 'award'?A. Only if one party completely wins and there is no split decision.C. Only if a money award is involvedE.
Only if both parties had lawyers. That terminology makes it easier for the lawyers to be paid.63.
Which of the following are reasons that an arbitration award may be set aside under the FederalArbitration Act?A. The arbitrator failed to make a final and definite award.B. The award was the basis of fraud.C. The arbitrator displayed bias.D.The arbitrator failed to make a final and definite award, the award was the basis of fraud, or thearbitrator displayed bias.E. None of these.
There is no Federal Arbitration Act.64. Which of the following isare positive about arbitration?A. Arbitrators are assigned so parties do not have to pick them.B. Arbitration is less expensive generally than litigation.C.
Arbitrators are bound by the same rules as judges in applying precedent.D.Arbitrators are assigned so parties do not have to pick them, and arbitration is generally less expensivethan litigation.EArbitrators are assigned so parties do not have to pick them, arbitration is generally less expensive than. Litigation, and arbitrators are bound by the same rules as judges in applying precedent.65.
What is a provision in a contract mandating that all disputes arising under the contract be settled byarbitration called?A. A binding arbitration clauseB. A submission agreementC. A suggested arbitration sectionD. A nonbinding ADR sectionE.
A binding mediatory clause66. What type of dispute resolution process is med-arb?AA process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on.
One or more points, to move on to arbitration.BA process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on. One or more points, move on to court-annexed ADR.C. A process in which the parties agree to start in mediation and move to litigation if the mediation isunsuccessful.D. A process in which the parties agree to start in arbitration and move to litigation if the mediation isunsuccessful.E. None of these are contained within the umbrella of med-arb.67. What is a summary jury trial?A.
An abbreviated trial that leads to a nonbinding jury verdict.B. An unabbreviated trial that leads to a binding jury verdict.C. An unabbreviated trial that leads to a nonbinding jury verdict.D. An abbreviated trial in which only a few witnesses are called to the stand.E Both an abbreviated trial that leads to a nonbinding jury verdict and an abbreviated trial in which only a. Few witnesses are called to the stand.68.
In which of the following do parties select a neutral third party and explain their respective positions tothe neutral, who then evaluates the strengths and weaknesses of the case?A. Summary jury trialB. Early neutral case evaluationD.
Private trialsE. Neutral submission.69.
Which of the following is an ADR method in which a referee is selected and paid by the disputing partiesto offer a legally binding judgment in a dispute?A. Summary jury trialB. Early neutral case evaluationD. Private trialsE. Neutral submission70. Which of the following is the supreme court of appeal in England?A. The House of LordsB.
The Crown CourtC. The Supreme CourtD. The High CourtE. The Queen's Bench71. Which of the following did the U.S. Supreme Court rule in Hertz Corp. Friend as the appropriate testfor determining a corporation's principle place of business for purposes of diversity jurisdiction?A.
The 'predominance of business' activity testB. The 'nerve center' testC. The 'general business activities' testD.
The 'primary business' testE. The 'profit maximization' test72. Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather,accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses.He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Janefor negligence, claiming as damages $300 for his broken glasses. He decided that he already knewall about the law and did not need a lawyer. Greg sued Jane in state court.
Jane, in the same lawsuit,brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judgethat a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane'stestimony on that issue.
Susie, however, who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seekdouble damages on appeal in federal court.
Jane and Greg live in different states when not attendingschool. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said thatthey would proceed with a criminal action against Greg. Jane's action against Greg for the tire is calledan.A. Third party claimD. Discovery claimE. Service claim.73.
Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather,accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses.He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Janefor negligence, claiming as damages $300 for his broken glasses. He decided that he already knewall about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit,brought an action against Greg for letting the air out of her tire.
At trial in state court, Jane told the judgethat a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane'stestimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seekdouble damages on appeal in federal court. Jane and Greg live in different states when not attendingschool. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who saidthat they would proceed with a criminal action against Greg.
Was the judge correct in disallowing Jane'stestimony regarding what Susie told her about the tire?A. No, the judge was wrong and should have considered that testimony.B. Yes, the judge was correct to disallow the testimony because it involved a possible criminal action.C. Yes, the judge was correct to disallow the testimony because it was hearsay.D.Yes, the judge was correct to disallow the testimony because Susie's testimony was better evidence andshe was in the courtroom.E.Yes, the judge was correct to disallow the testimony because it was offered by a defendant, not anindependent witness.74. Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather,accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.
Greg also decided to sue Janefor negligence, claiming as damages $300 for his broken glasses. He decided that he already knewall about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit,brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judgethat a friend, Susie, told her that she saw Greg let the air out of Jane's tire.
The judge disallowed Jane'stestimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seekdouble damages on appeal in federal court. Jane and Greg live in different states when not attendingschool.
After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said thatthey would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate whohad just passed the bar, and asked Alex to represent him in a federal court appeal. What advice shouldAlex give to Greg regarding an appeal filed in federal court?A.He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg foran hourly rate of $400.B. He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she wasnegligent.C. He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person.D He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to. Certify the case to federal court.E He should tell Greg to forget about a federal court appeal because an appeal from a state trial court. Would not be transferred to federal court.75.
Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out ofthe deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint.During jury selection, one juror, Ann, said that they did not think they could be fair to Linda becauseLinda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excusedAnn. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked thejudge to excuse that juror from serving.
The judge did so. After the jury was chosen, Linda made astatement to the jury as did Sam.
Linda then called to the witness stand a friend of hers, Brenda, whoheard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testifiedunder questioning by Linda that she heard Linda say that she would pay $300 for the puppy and thatshe also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda alsotestified in response to questioning by Sam that Sam distinctly told Linda that he would only sell thepuppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with themoney for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam.In choosing the jury, Linda and Sam were engaged in.A. Jury analysisC. Jury reviewD.
Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out ofthe deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint.During jury selection, one juror, Ann, said that they did not think they could be fair to Linda becauseLinda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excusedAnn. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked thejudge to excuse that juror from serving.
The judge did so. After the jury was chosen, Linda made astatement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, whoheard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testifiedunder questioning by Linda that she heard Linda say that she would pay $300 for the puppy and thatshe also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda alsotestified in response to questioning by Sam that Sam distinctly told Linda that he would only sell thepuppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with themoney for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam.The challenge to the juror who said that they could not be fair is referred to as anA.
Peremptory challengeB. Challenge for causeC.
Stipulated challengeD. Fairness challengeE. Approved challenge.77. Reference - Puppy Woes.
Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out ofthe deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint.During jury selection, one juror, Ann, said that they did not think they could be fair to Linda becauseLinda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excusedAnn. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked thejudge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made astatement to the jury as did Sam.
Linda then called to the witness stand a friend of hers, Brenda, whoheard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testifiedunder questioning by Linda that she heard Linda say that she would pay $300 for the puppy and thatshe also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda alsotestified in response to questioning by Sam that Sam distinctly told Linda that he would only sell thepuppy to her if Linda came with cash for the puppy within seven days.
Linda did not show up with themoney for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam.The challenge to the juror who seemed grumpy is referred to as anA. Peremptory challengeB. Challenge for causeC. Stipulated challengeD.
Fairness challengeE. Approved challenge78. Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out ofthe deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint.During jury selection, one juror, Ann, said that they did not think they could be fair to Linda becauseLinda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excusedAnn.
Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked thejudge to excuse that juror from serving. The judge did so.
After the jury was chosen, Linda made astatement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, whoheard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testifiedunder questioning by Linda that she heard Linda say that she would pay $300 for the puppy and thatshe also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brendaalso testified in response to questioning by Sam that Sam distinctly told Linda that he would only sellthe puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up withthe money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor ofSam.
The statements made to the jury by Linda and Sam immediately after the jury was chosen were.A. Direct statementsB. Closing statementsC. Jury statementsD. Influential statementsE. Opening statements.79. Reference - Puppy Woes.
Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out ofthe deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint.During jury selection, one juror, Ann, said that they did not think they could be fair to Linda becauseLinda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excusedAnn. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked thejudge to excuse that juror from serving.
The judge did so. After the jury was chosen, Linda made astatement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, whoheard the discussion held between Linda and Sam regarding the purchase of the puppy.
Brenda testifiedunder questioning by Linda that she heard Linda say that she would pay $300 for the puppy and thatshe also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda alsotestified in response to questioning by Sam that Sam distinctly told Linda that he would only sell thepuppy to her if Linda came with cash for the puppy within seven days.
Linda did not show up with themoney for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam.The questioning of Brenda by Sam is called.A. Analysis examinationC. Trick examinationD. Direct examinationE. Reference - Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certainemployer in his town treats employees and that he is going to sue that employer in an effort to improvematters.
Jim also says that he is going to start his case at the appellate court level, skipping over allthose 'lesser' judges. Jim says that those justices will surely hear him out and that he will also seek ajury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that thejustices will appreciate his attempt to make things better for the employees involved. Regardless of whatcourt is involved, can Jim act as plaintiff for the employees?A. Yes, so long as he gets permission slips from them.B.
Yes, so long as they file no objection.C. Yes, so long as he gives any money he receives to them.D. No, because he lacks standing.E. No, because venue is lacking.81. Reference - Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certainemployer in his town treats employees and that he is going to sue that employer in an effort to improvematters.
Jim also says that he is going to start his case at the appellate court level, skipping over allthose 'lesser' judges. Jim says that those justices will surely hear him out and that he will also seek ajury.
Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that thejustices will appreciate his attempt to make things better for the employees involved. Will an appellatecourt initially hear Jim's case deciding issues such as whether he has a claim and can act as a plaintiff?A.Yes, so long as a state trial court judge approves and certifies the case for the appellate court withoutholding a trial first.B. Yes, but only if Jim can prove that he would have had to wait at least a year for a trial at the trial courtlevel.C.
No, because Jim is required to first file the case in the appropriate trial court.D. No, but only because Jim is not employed at the defending company.E. No, but only because Jim did not have a lawyer.82. Reference - Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certainemployer in his town treats employees and that he is going to sue that employer in an effort to improvematters.
Jim also says that he is going to start his case at the appellate court level, skipping over allthose 'lesser' judges. Jim says that those justices will surely hear him out and that he will also seek ajury.
Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that thejustices will appreciate his attempt to make things better for the employees involved. Will Jim get a juryat the appellate court level?A. Only if the opposing party agrees.B. In some states but not in others.C. Only if he is in federal courtD. Only if he is in state courtE. Reference - Sexual Harassment ADR.
Jenny is very angry with her supervisor, Sleaze, at the Mexicanfast-food restaurant at which she works which is owned by an international company located in Mexico.He has been making inappropriate sexual comments to her and other employees. Jenny decides to sueand retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jennysigned an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that ifshe wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice aboutother employees who had complained about sexual harassment and entered into mediation agreements.Brice promises her that he will get copies of all documents and everything that was taken down by thecourt reporter at those mediations. He also tells Jenny in response to her question about the possibility ofmediation in her case to forget it because mediation is pretty much the same thing as arbitration. What isthe effect of the arbitration agreement on Jenny's ability to file an action in court?AThe arbitration agreement would not affect Jenny's ability to file a court action in a sexual harassment.
Case although it would bar her right to file a court action in other types of cases.B. The arbitration agreement would completely bar Jenny's ability to file a court action.C. By law the arbitration agreement may only delay for 60 days Jenny's ability to file a court action.D. By law the arbitration agreement may only delay for 6 months Jenny's ability to file a court action.E More information is needed regarding the provisions of the arbitration agreement before it can be. Determined if it would bar an action in court.84. Reference - Sexual Harassment ADR.
Jenny is very angry with her supervisor, Sleaze, at the Mexicanfast-food restaurant at which she works which is owned by an international company located in Mexico.He has been making inappropriate sexual comments to her and other employees. Jenny decides to sueand retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jennysigned an agreement to arbitrate any claims.
Brice tells Jenny that it is completely up to her and that ifshe wishes, she can disregard the arbitration agreement and proceed to court. Jenny informed Brice aboutother employees who had complained about sexual harassment and entered into mediation agreements.Brice promises her that he will get copies of all documents and everything that was taken down by thecourt reporter at those mediations. He also tells Jenny in response to her question about the possibilityof mediation in her case to forget it because mediation is pretty much the same thing as arbitration.Can Brice obtain information from the previous mediators regarding what occurred at the previousmediations?A. Yes, but only if a court reporter was present.B. He can get copies of any written documents reviewed but not accounts of statements.C. He can get accounts of statements but not copies of written documents.D. He can get the information only if the mediators in the other cases want to cooperate.E He cannot get from the mediator copies of documents or accounts of what was said because of the.
Confidential nature of mediation proceedings.85. Reference - Sexual Harassment ADR. Jenny is very angry with her supervisor, Sleaze, at the Mexicanfast-food restaurant at which she works which is owned by an international company located in Mexico.He has been making inappropriate sexual comments to her and other employees.
Jenny decides to sueand retains a lawyer, Brice. Brice talks with the owners of the restaurant and is informed that Jennysigned an agreement to arbitrate any claims. Brice tells Jenny that it is completely up to her and that ifshe wishes, she can disregard the arbitration agreement and proceed to court.
Jenny informed Brice aboutother employees who had complained about sexual harassment and entered into mediation agreements.Brice promises her that he will get copies of all documents and everything that was taken down by thecourt reporter at those mediations. He also tells Jenny in response to her question about the possibilityof mediation in her case to forget it because mediation is pretty much the same thing as arbitration. DidBrice correctly tell Jenny that mediation is nearly the same as arbitration?A. No, he was incorrect. There are major differences between mediation and arbitration.B.
He was correct because the only difference between the two involves the length of the proceeding.C. He was correct because the only difference between the two involves cost.D. He was correct because the only difference between the two involves whether a court reporter ispresent.E. He was correct because the only difference between the two involves the type of evidence that may beconsidered.86. Define the term 'in personam' jurisdiction, discuss where corporations are generally subject to that typeof jurisdiction, and discuss long-arm jurisdiction.87. Alice, a resident of Michigan, claims that Pet Food Company Inc.
Put out some dog food that madeher dog, Champ, sick. Champ is a prize winning poodle. He survived the pet food fiasco but only aftertraveling to a veterinarian in Florida specializing in poodles and having two very expensive surgeries.Additionally, his ability to sire has been impaired, and Alice will have no more breeding fees fromChamp. Her damages are $80,000. Pet Food Company Inc., is incorporated in Delaware, with its principalplace of business in Michigan. Alice asks you whether she can sue in federal court.
What would you tellher and why?88. Identify the items that should appear in a complaint.89. Cindy ran over Hank in her company parking lot breaking his leg. That happened because, withoutwarning, Cindy's brakes failed. Hank was out of work as a bookkeeper for one week, but otherwiserecovered without incident.
Hank sued Cindy for one million dollars for his injuries. Cindy decides to donothing in response to the lawsuit because she sees no way that she can win. Is she right? Why or whynot? What would you suggest that she do in the civil litigation? Why is it important that Cindy proceedimmediately at this point in the litigation?90. Cindy who was riding her new bicycle accidentally ran over jogger Bruce's foot.
Cindy issuspicious that he is not hurt as badly as he claims. What would Cindy want to know for trial, and howcould she and her lawyer find out? Fully discuss and explain the discovery process and methods to obtaininformation.91. According to the text, what are four advantages of ADR over traditional litigation?92. How are arbitrations similar and dissimilar to a court trial?93. According to the text, what are three criticisms of arbitration when compared to traditional litigation?.94.
Jackie is hiring Ron to do clean up and maintenance as an independent contractor for her building whichhas several tenants. She is aware that Ron has sued some previous building owners. He does a good job,however, and she would like to hire him.
Ron has agreed to sign an arbitration agreement. How shouldJackie structure the agreement so that it will be enforced?95. Cindy and Clowie have a dispute regarding ownership of a dog, Rascal. Cindy removed Rascal's tags inorder to give him a bath. Knowing what was coming, Rascal made a run for it and ended up at Clowie'shome down the street. When Cindy saw Clowie walking Rascal, she demanded his return. A lawyer in the neighborhood suggested either an early neutral case evaluation or a mediation inan attempt to resolve the feud.
Describe mediation and neutral case evaluation. Which would you suggestand why?.1.(p.
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It can certainly help people to better understand the subject their studying. A candid and thoughtful conversation about families and family life. This text combines the personal touch and scholarly expertise of an outstanding teacher to explore the ways that family members and intimate partners interact, and how families adapt to stresses, changes and everyday challenges. We are all a product of our families of origin. How that influences who we are and who we become is a central theme woven throughout Family Life Now.
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Already one of the best-selling textbooks in algebra-based physics,The Fourth Edition strengthens both the conceptual foundations and the tools for problem solving to make the book even better suited to today’s students.ISBN-10: 032161111X. ISBN-13: 116.