introduction to law 3
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Hamline University *
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Course
102
Subject
Law
Date
Feb 20, 2024
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docx
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3
Uploaded by PrivateFire15329
CHAPTER THREE
True-False
Any element of falsity renders the statement false.
1. Most state court systems have only trial courts. Appeals from state courts go directly to the federal appellate courts. FALSE
2. Discovery includes the use of a group of formal methods to learn facts
about a dispute before trial.
TRUE
3. Disputes between parties transacting business over the Internet are subject to special tests regarding the existence of jurisdiction. TRUE
4. Exclusive jurisdiction occurs when only one court system has the power to hear a case. TRUE
5. A civil jury is instructed, among other things, to decide the facts in a dispute. TRUE
6. Diversity of citizenship jurisdiction applies only if one of the parties is a citizen of another country and does not apply if the parties are from different states. FALSE
7. A bankruptcy matter can be heard in either a federal or state court. FALSE
8. A jury trial is usually available in cases involving equity claims. FALSE
9. The burden of proof in a civil case rests on the defendant/respondent. FALSE
10. In a criminal case, discovery for the prosecution is limited because of
the defendant’s privilege against self-incrimination.
TRUE
Fill-ins
Complete each sentence or statement.
1.
Almost all legal disputes are resolved in a(n) supreme
court.
2.
The entire judicial process that is designed to resolve (i.e. decide or settle) legal controversies is called
jurisdiction
.
3.
The party appealing a case to a higher court is called appellant
and the other party is called
appellee
.
4.
“The power to speak the law” is a phrase used to describe the term jurisdiction
.
5. A(n) summons
is a document served on a defendant in a civil case, together with a(n) complaints
. It tells the defendant to respond or risk
losing the lawsuit without further
notification.
6. A(n) verdict
is the expressed opinion of the jury.
7. Proper venue
reflects a policy of geographic closeness prescribing that
a court
trying a suit should be close to where the incident or facts of the suit occurred, or, in the alternative, where the defendant resides.
8.
A Washington resident seeks jurisdiction over a Montana resident who was involved in an automobile accident while driving in Washington. The Washington resident may seek appropriate jurisdiction in the Washington court over a Montana resident through use of a(n) subject
matter jurisdiction.
9.
If both a federal court and a state court have the power to hear a case,
they are said to have concurrent
jurisdiction. When cases can be tried
only in federal courts or only in state courts, exclusive
jurisdiction exists.
10.
A(n) complaint briefly states the facts that a plaintiff believes justify his or her claim, the basis for jurisdiction of the court, and the request for damages or other relief.
Multiple Choice
Select the one best answer.
1. Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action she would need
A. in rem jurisdiction over Brian.
B. in personam jurisdiction over Brian.
C. precedent jurisdiction over Brian.
D. concurrent jurisdiction over Brian.
2. The inherent ability of a jury in a criminal case to decide a case contrary to the law is called
A. jury voir dire.
B. jury discovery.
C. jury nullification.
D. the Farmoné rule.
3. In a civil trial, the burden of proof is usually
A. higher than in a criminal trial because of relaxed evidence rules.
B. less than in a criminal trial unless in federal court.
C. unimportant compared to the need for privacy.
D. a preponderance of the evidence.
4. Which of the following is characteristic of a civil trial?
A. The process is begun by filing a complaint.
B. The burden of proof required is beyond a reasonable doubt and moral certainty.
C. In order to win, a plaintiff must obtain a unanimous jury verdict of twelve.
D. The moving party is a district attorney.
5. Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister,
the victim of the alleged crime, sues Fred in civil court to recover damages for civil conversion. The tort claim involves the same act for which Fred was found innocent in the criminal court. Which of the statements below is false?
A. Although such suits may be brought, plaintiffs seldom do so
because criminal defendants are often judgment proof.
B. The civil court filing must be dismissed because of the constitutional right against double jeopardy.
C. Fred could also be sued if he had been found guilty.
D. The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial.
6. Walter sues Jaime because Jaime failed to show up at the soccer game. In response to Walter’s complaint Jaime files a demurrer. This pleading means that Jaime
A. attended the soccer game.
B. does not understand what Walter is suing for and is seeking clarification from the court.
C. is saying that Walter selected the wrong court and Jaime is seeking to change venue.
D. claims that even if the facts are all true, Walter has no legal injury that the law will compensate.
7. A discovery tool that is useful to probe the merits of the opponent’s case consisting of written questions is called a:
A. interrogatory.
B. demurrer
C. summons.
D. deposition
8. Carla filed a lawsuit against her neighbor Brenda for damages related to a breach of contract. The trial began but ended when Carla made a motion
for a summary judgment and the judge granted it. Brenda appealed and the Supreme Court of Tennessee has remanded the case back to the trial court. At this point in the proceedings we know that
A. Carla has won because her success at the trial court.
B. Brenda has won because of the remand.
C. Neither party won the case because a remand is a dismissal to criminal court.
D. We do not know who wins at this point because the case has been returned to the trail court for further action.
9. Which of the following is an equitable remedy available in a civil proceeding?
A. money damages
B. a fine
C. a jail or prison sentence
D. an injunction
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