Question 1

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Accepted Answer

Tony has the option to file the lawsuit either in an Arizona state court or in a federal district court in Arizona. Since the damages exceed $75,000 and there is diversity of citizenship between the parties, the federal courts would have diversity jurisdiction in this case. However, Tony is not required to file the lawsuit in federal court and may choose to file it in state court instead. Therefore, both options (a and b) are available to him.

Question 2

After ansing a summons and complaint,Mike was questioned under oath in the presence of his lawyer and the plaintiff's lawyer.This discovery technique is called:

Accepted Answer

The scenario described is that of a deposition, where a witness is questioned under oath in the presence of both parties' lawyers. Option A refers to a request for admission, which is a written statement asking a party to admit or deny certain facts. Option B refers to a request for the production of documents, which is a request for specific documents to be provided. Option D refers to interrogatories, which are written questions that a party must answer in writing.

Question 3

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

Accepted Answer

The judge conducted an in camera inspection, which refers to the reviewing of confidential or sensitive information by a judge in private to determine its admissibility or relevance to a case. In this case, the judge reviewed the interrogatories alone to decide if they could be shared with the plaintiff.

Question 4

The most accurate statement regarding appellate courts is:

Accepted Answer

Appellate courts generally do not hear new evidence or testimony, but rather review the record of the trial court to determine if there were errors in the application of the law or procedures. They also typically give deference to the factual findings of the trial court. Both state and federal court systems have appellate courts. Appellate courts hear both criminal and civil cases.

Question 5

During discovery,Haskins Co.has been asked to produce all e-mails relating to a current lawsuit against it.Haskins Co.will not have to produce:

Accepted Answer

Haskins Co. will not have to produce e-mails that contain privileged material, as they are protected from discovery by attorney-client privilege or work product doctrine. However, any non-privileged e-mails that are relevant to the lawsuit must be produced, including attachments. The cost of producing e-mails may be a valid objection, but Haskins Co. cannot refuse to produce them solely on that basis.

Question 6

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Accepted Answer

This is a federal question case because it involves the interpretation of the United States Constitution, which is a federal law. Therefore, the federal courts have jurisdiction to hear this case.

Question 7

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

Accepted Answer

An adversary system is a legal system where the parties with conflicting interests present their strongest possible case to a neutral factfinder. This is the position the United States has taken on legal issues.

Question 8

Which of the following is not a type of trial court of limited jurisdiction?

Accepted Answer

All of the other options, probate court, juvenile court, and small claims court, are examples of trial courts of limited jurisdiction. A general civil division court typically has more broad jurisdiction and can handle a wider range of civil cases.

Question 9

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

Accepted Answer

A case can be settled at any time, regardless of whether it has been filed with the court, whether discovery has commenced, or whether the jury has heard any testimony. Settlements can occur at any point during the legal process, even up to the point of a jury delivering a verdict.

Question 10

The law of evidence:

Accepted Answer

The law of evidence governs the admissibility of evidence in court, including the phrasing of questions, the admissibility of witness testimony, and the introduction of documents.

Question 11

In Jones v.Clinton,the court held:

Accepted Answer

The court held that Paula Jones did not demonstrate the essential elements for her claim, meaning that she did not provide sufficient evidence to prove her allegations of sexual harassment against President Clinton. Therefore, her case was dismissed.

Question 12

Randi,a resident of Oregon,was involved in an auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost of repairing her car.The most appropriate court in which she could file her lawsuit is a:

Accepted Answer

Since the accident occurred in Idaho, it would be most appropriate to file the lawsuit in an Idaho court. Both parties are also individuals, rather than federal entities, so a state court would be the best option. The other options of federal courts in Idaho, Wyoming, or Oregon are not necessary since a state court has jurisdiction over this matter.

Question 13

Federal jurisdiction based upon a "federal question" includes cases based on:

Accepted Answer

Federal jurisdiction based upon a "federal question" includes cases based on the United States Constitution, federal statutes, and federal treaties.

Question 14

A United States district court is:

Accepted Answer

A United States district court is the primary federal trial court, meaning it is responsible for hearing the initial trial in federal cases. It is not an appellate court, which would be responsible for hearing appeals of lower court decisions, nor is it a small claims court only.

Question 15

A civil case generally proceeds as follows:

Accepted Answer

The complaint is filed by the plaintiff, which is followed by the defendant's answer. After this, both parties engage in the discovery phase to gather evidence and information. Finally, the trial takes place, and a verdict is reached. Therefore, option C is the most accurate sequence of events in a civil case.

Question 16

When an appellate court hears a case,it may:

Accepted Answer

Appellate courts have the power to affirm, reverse or modify a lower court's decision. Therefore, all of the above options (A, B, and C) may be correct when an appellate court hears a case.

Question 17

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Accepted Answer

The U.S. Supreme Court generally has discretion as to which cases it hears. The Court receives thousands of petitions each year, but only selects a small number to grant certiorari and hear oral arguments. While certain factors, such as conflicting decisions between lower courts, may increase the likelihood of the Court taking a case, ultimately it is up to their discretion. The Court is not required to hear all cases, and there is no automatic right of appeal to the Supreme Court.

Question 18

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

Accepted Answer

Becoming part of a class action lawsuit would be the best course of action as it would allow Denzil to join a group of other plaintiffs who were also defrauded and increase their chances of recovering their money. It would also take off the burden of an individual lawsuit, as the case would be handled by a legal team on behalf of the class members.

Question 19

An appeals court:

Accepted Answer

An appeals court does not determine facts or hear new evidence. Its main function is to ensure that the lower court correctly applied the law to the facts presented in the case.

Question 20

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a:

Accepted Answer

If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a default judgment. This means that the court will automatically rule in favor of Roberto since Monica did not take any action or defend herself in the case.

Quiz 3: Dispute Resolution