Question 1

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

Accepted Answer

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

Question 2

In what state is XYZ Bank,a federally chartered bank,considered a citizen?

Accepted Answer

A)  The bank is considered a citizen of any state in which it is located,meaning any state in which the bank has branches.
B)  The bank is considered a citizen of Washington D.C.and also of the state in which it does its largest volume of business.
C)  The bank is considered a citizen of the state in which it is located,meaning the state in which its main office,as specified in its articles of incorporation,is located.
D)  The bank is considered a citizen only of Washington D.C.
E)  The bank is considered a citizen only of the state in which it does its largest volume of business.F) C) and E)
G) B) and D)

Question 3

Should the judge have disallowed Tamra's testimony about what Aimee told her about the tire?

Accepted Answer

A)  Yes,the judge was correct to disallow the testimony but only because Aimee was in the courtroom and could testify herself;otherwise,it should have been allowed.
B)  No,the judge was wrong and should have considered that testimony.
C)  Yes,the judge was correct to disallow the testimony because it involved a possible criminal action.
D)  Yes,the judge was correct to disallow the testimony because it was hearsay.
E)  Yes,the judge was correct to disallow the testimony but only because it purportedly came from an admitted friend of the defendant,not an independent witness;otherwise,it should have been allowed.F) All of the above
G) B) and E)

Question 4

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

Accepted Answer

A)  Preemptory courts
B)  Federal jurisdictional courts
C)  U) S.district courts
D)  U) S.circuit courts
E)  Federal circuit courtsF) B) and C)
G) All of the above

Question 5

If after reviewing the evidence in the case,there is no factual dispute and one party is entitled to judgment prior to trial,the court may grant which of the following?

Accepted Answer

A)  Motion for production
B)  Motion for summary judgment
C)  Motion for sanctions
D)  Motion for judgment on the pleadings
E)  Motion for discoveryF) B) and D)
G) C) and D)

Question 6

Neville knows that he can bring his case against Bob Ramona in a state court in Tennessee.He is unsure,however,of but he doesn't know which the correct county in which to proceed.Which of the following address the proper county?

Accepted Answer

A)  Venue
B)  In personam jurisdiction
C)  Long-arm jurisdiction
D)  Subject-matter jurisdiction
E)  Diversity jurisdictionF) A) and B)
G) A) and C)

Question 7

Regardless of the court involved,can DeShaun act as plaintiff for the employees?

Accepted Answer

A)  Yes,so long as he gives any money he receives to them.
B)  No,because he lacks standing.
C)  No,because venue is lacking.
D)  Yes,so long as no employee files an objection.
E)  Yes,so long as he gets permission slips from all of them.F) A) and B)
G) A) and C)

Question 8

Only one party may appeal from a final judgment.

Accepted Answer

A) True 
 B)False

Question 9

Under federal statutory law,Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Accepted Answer

A) True 
 B)False

Question 10

If a plaintiff files a case in state court that could also have been filed in federal court,does the defendant have any say in where the case is heard?

Accepted Answer

A)  The defendant can have the case moved to federal court only if the state trial court judge grants permission at his or her discretion.
B)  The defendant has a right to move the case to federal court.
C)  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.
D)  The defendant can have the case moved to federal court only if federal jurisdiction question is involved.
E)  The defendant has no choice,and the case will stay in state court.F) C) and D)
G) A) and E)

Question 11

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

Accepted Answer

A)  Only the trial court where the defendant resides.
B)  Only the location where the dispute occurred if the lawsuit focuses on a particular incident.
C)  The trial court where the defendant resides and also 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)  Only the trial court where the plaintiff resides.F) C) and D)
G) B) and C)

Question 12

What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time,a default judgment will be entered?

Accepted Answer

A)  Summons
B)  Answer
C)  Instructional guide
D)  Transactional analysis
E)  ComplaintF) C) and D)
G) A) and D)

Question 13

Jurisdiction refers to:

Accepted Answer

A)  The power of a defendant to have a case removed to an unbiased court.
B)  The courts' power to render binding decisions on parties before them.
C)  The plaintiff's interest in having a case heard in district court.
D)  A defendants interest in having an impartial jury preside over a case
E)  The power of the plaintiff to file a lawsuit in any court of his choosing.F) None of the above
G) B) and E)

Question 14

The plaintiff must provide the defendant in a lawsuit with a copy of the complaint.That process is called ________.

Accepted Answer

A)  Service delivery
B)  Summons issuance
C)  Service of process
D)  Subpoena delivery
E)  In personam serviceF) A) and E)
G) C) and E)

Question 15

When lawyers choose a jury,it is called ________.

Accepted Answer

A)  Ven dere
B)  Shadowing
C)  Voir dire
D)  Jury review
E)  Jury analysisF) A) and D)
G) B) and D)

Question 16

Which of the following do appellate courts primarily handle?

Accepted Answer

A)  Questions of fact
B)  Questions of law
C)  Cases when they initially enter the legal system
D)  Questions of law and fact
E)  Questions of law and fact,and also cases when they initially enter the legal systemF) C) and E)
G) A) and E)

Question 17

Which of the following is true regarding tools of discovery?

Accepted Answer

A)  Depositions are the only tool of discovery available to plaintiffs,but defendants may use both interrogatories and depositions.
B)  Interrogatories and depositions are tools of discovery available to all parties,but summary motions and requests to produce documents are not tools of discovery.
C)  The only tool of discovery is interrogatories.
D)  Interrogatories,depositions,and requests to produce documents are all tools of discovery available to all parties.
E)  Summary motions,interrogatories,and depositions,are tools of discovery available to all parties.F) B) and E)
G) C) and D)

Question 18

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Accepted Answer

A) True 
 B)False

Question 19

The federal court system derives its power from:

Accepted Answer

A)  The U.S.Senate
B)  The U.S.House of Representatives
C)  The U.S.Constitution
D)  The U.S.Congress
E)  The PresidentF) All of the above
G) A) and E)

Question 20

Within the U.S. ,courts may issue advisory opinions.

Accepted Answer

A) True 
 B)False

Exam 3: The Uslegal System

What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time,a default judgment will be entered?

Correct AnswerverifiedShow Answer

In what state is XYZ Bank,a federally chartered bank,considered a citizen?

Correct AnswerverifiedShow Answer

Which of the following do appellate courts primarily handle?

Correct AnswerverifiedShow Answer

Which of the following is true regarding tools of discovery?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Jurisdiction refers to:

Correct AnswerverifiedShow Answer

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Correct AnswerverifiedShow Answer

The plaintiff must provide the defendant in a lawsuit with a copy of the complaint.That process is called ________.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Neville knows that he can bring his case against Bob Ramona in a state court in Tennessee.He is unsure,however,of but he doesn't know which the correct county in which to proceed.Which of the following address the proper county?

Correct AnswerverifiedShow Answer

If a plaintiff files a case in state court that could also have been filed in federal court,does the defendant have any say in where the case is heard?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Within the U.S. ,courts may issue advisory opinions.

Correct AnswerverifiedShow Answer

When lawyers choose a jury,it is called ________.

Correct AnswerverifiedShow Answer

The federal court system derives its power from:

Correct AnswerverifiedShow Answer

Should the judge have disallowed Tamra's testimony about what Aimee told her about the tire?

Correct AnswerverifiedShow Answer

Under federal statutory law,Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Correct AnswerverifiedShow Answer

Regardless of the court involved,can DeShaun act as plaintiff for the employees?

Correct AnswerverifiedShow Answer

Only one party may appeal from a final judgment.

Correct AnswerverifiedShow Answer

If after reviewing the evidence in the case,there is no factual dispute and one party is entitled to judgment prior to trial,the court may grant which of the following?

Correct AnswerverifiedShow Answer

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