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Exam 3: The Uslegal System

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Question 1

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Which of the following is true regarding the use of peremptory challenges based on gender?

A) Peremptory challenges may not be based on gender unless a sexually based crime, such as rape, is involved.
B) Only one peremptory challenge per party may be based on gender.
C) Peremptory challenges may be based on gender only so long as lawyers for all parties agree.
D) Peremptory challenges may be based on gender.
E) Peremptory challenges may not be based on gender.

F) A) and B)
G) A) and C)

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Question 2

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For purposes of diversity-of-citizenship,where does a corporation reside?

A) The state of incorporation only.
B) Only the state in which the corporation has its principal place of business.
C) The state in which the corporation has its principal place of business and the state of incorporation.
D) Any state in which the corporation does business.
E) Any state in which the corporation has done business within the last five years.

F) B) and E)
G) A) and B)

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Question 3

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Which of the following is true regarding state courts of appeal?

Peremptory challenges in jury selection may not be racially based.

The challenge to the juror who seemed grumpy is referred to as a[n] _______.

Define the term "in personam" jurisdiction and discuss where corporations and individuals are generally subject to that type of jurisdiction.Include in your answer a discussion of long-arm jurisdiction.

In some cases,the U.S.Supreme Court functions as a trial court of limited jurisdiction.

How many circuits does the U.S.Court of Appeals have?

Usually the issue of ripeness arises when one party claims that a case is moot.

Bob sued Jane over a motor vehicle accident.Bob and Jane settled the case prior to the trial for $1,000.The lawsuit is now ______.

The questioning of Brenda by Linda's lawyer is called ______,and the questioning of Brenda by Sam's lawyer is called ______.

What are the trial courts in the federal court system called?

Juries decide questions of law.

Which of the following is typically an appropriate venue in a lawsuit?

Which of the following are written questions that one party sends to another to answer under oath?

Which of the following is a question of fact?

Billy,a witness to a motor vehicle accident,is gravely ill with cancer.Pat,who was injured in the accident,would like to preserve his testimony for trial in case he dies before the trial date.What should Pat do?

Marilyn,a resident of Ohio,suffered personal injury while operating her tractor in Ohio.She filed suit in state court against the manufacturer,Company A,incorporated in Delaware with its principal place of business in Illinois,and also against the seller,Company B,incorporated in Ohio with its principal place of business in Ohio.Marilyn and Company B informally agreed to settle out of court,but the agreement was subject to the agreement of Company B's insurer.Before a final agreement was reached in regard to settlement with Company B,Company A filed a motion in state court to remove the case to federal court.Although Marilyn opposed removal,the state court granted Company A's motion.After the case was removed to federal court,Marilyn and Company B finalized their settlement agreement and Company B was dismissed from the lawsuit.The federal district court proceeded to hear the case and ruled in favor of Company A. Marilyn appealed on the basis that because diversity between the parties was lacking, the federal district court had no jurisdiction over the case. She claims that the case should be remanded to state court for a new trial. What should the appellate court rule regarding whether the state trial court properly granted the petition for removal and what will be the likely outcome on appeal? Following the Caterpillar case discussed in the text, the appellate court will likely rule that the state court should not have granted Company A's initial motion to remove the case because the settlement was not complete, Company B was still in the case, and there was no diversity of citizenship. The ruling in favor of Company A, however, should be upheld because the settlement agreement was later approved, Company B was dismissed, and the case satisfied jurisdictional requirements by the time the federal district court issued its decision. Requiring the federal district court to send the case back to the state system would be an undue waste of judicial resources.

A[n] ______ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint,and the plaintiff's complaint alleges facts that would support such a judgment.

On average,the U.S.Supreme Court hears 300 cases a year.