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Exam 3: The Us Legal System

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Question 41

Multiple Choice

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[Revenge] Tamra, a first year law student, slipped on a freshly mopped floor while walking to class. She bumped into Anton, another first year law student, breaking his glasses. He was very angry with Tamra and slashed all of her car tires causing damages of $1,500. Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Anton sued Tamra in state court. Tamra, in the same lawsuit, brought an action against Anton for slashing her tires. At the trial in state court, Tamra told the judge that a friend, Aimee, told Tamra that she saw Anton slash all of Tamra's tires. The judge disallowed Tamra's testimony on that issue. Aimee also came to court and testified about seeing Anton slashing all of Tamra's tires. The state court judge ruled in favor of Tamra awarding her $1,500 in damages. Anton said that he was not giving up and that he would seek double damages on appeal in federal court. Tamra and Anton live in different states when not attending school. After the trial, Tamra reported Anton's action of slashing her tires to the police, who said that they would proceed with a criminal action against Anton. Anton goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal. -Tamra's action against Anton for the tires is called a ________.

A) Counterclaim
B) Cross-Claim
C) Third-party claim
D) Discovery claim
E) Service claim

F) A) and C)
G) D) and E)

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Question 42

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

A) True
B) False

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Question 43

Multiple Choice

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Which of the following properly notifies a defendant that they are being sued and explains how and when to respond to a complaint?

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

[Puppy Woes] Ronaldo promised to sell Linda a Dalmatian puppy for $700 but backed out of the deal. Linda sued Ronaldo in state court for breach of contract and asked for a jury to hear the case. During jury selection, one juror, Mika, said that she did not think she could be fair to Linda because Linda did not appear to be a dog lover. Linda's lawyer asked that Mika not hear the case on the basis that she could not be fair, and the judge excused Mika. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so, without a reason given, Linda's lawyer asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda's lawyer made a statement to the jury, as did Ronaldo's lawyer. Linda's lawyer then called to the witness stand Jules, a friend of Linda, who heard the discussion held between Linda and Ronaldo regarding the purchase of the puppy. Jules testified under questioning by Linda's lawyer that she heard Linda say that she would pay $700 for the puppy and that she also heard Ronaldo say that he would sell the dog for that amount. Unfortunately for Linda, Jules also testified in response to questioning by Ronaldo's lawyer that Ronaldo distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Ronaldo had already sold the dog to someone else. The judge ruled in favor of Ronaldo. -The challenge Linda's lawyer made to Mika is referred to as a[n] ________.

[Puppy Woes] Ronaldo promised to sell Linda a Dalmatian puppy for $700 but backed out of the deal. Linda sued Ronaldo in state court for breach of contract and asked for a jury to hear the case. During jury selection, one juror, Mika, said that she did not think she could be fair to Linda because Linda did not appear to be a dog lover. Linda's lawyer asked that Mika not hear the case on the basis that she could not be fair, and the judge excused Mika. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so, without a reason given, Linda's lawyer asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda's lawyer made a statement to the jury, as did Ronaldo's lawyer. Linda's lawyer then called to the witness stand Jules, a friend of Linda, who heard the discussion held between Linda and Ronaldo regarding the purchase of the puppy. Jules testified under questioning by Linda's lawyer that she heard Linda say that she would pay $700 for the puppy and that she also heard Ronaldo say that he would sell the dog for that amount. Unfortunately for Linda, Jules also testified in response to questioning by Ronaldo's lawyer that Ronaldo distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Ronaldo had already sold the dog to someone else. The judge ruled in favor of Ronaldo. -Once Linda's attorney presented all the evidence, Ronaldo's attorney could ask for a[n] ________.

Minimum contact requirements:

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

Cases heard by the Supreme Court of China (Taiwan) are presented to how many judge(s) ?

To minimize extra costs, businesses will sometimes include in their contracts a forum selection clause.

The legal concepts of case or controversy and ripeness are closely related legal concepts needed for a judge to make a decision on a case. Explain these two concepts and how they are closely linked.

Any person can bring a case to court if they believe they have been harmed.

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

Lilly and Jorge are parties to a contract dispute. Lilly's attorney is questioning Jorge under oath and in the presence of a court reporter. This is known as a(n) ________.

Written questions that one party sends to another to answer under oath are called ________.

Matthew, who attends a local state college in his home state, is prevented from wearing a T-shirt with a gun picture on it to his public school. He wants to sue because he believes his First Amendment rights are being violated. Which court could Matthew sue in?

Which of the following is a question of fact?

Jill and Joe are in business and designed a new technology in which they received a patent from the U.S. Patent and Trademark Office. Both Jill and Joe are New Mexico residents but spend the summer months in Minnesota. They find out a competitor has violated their patent. In which court would they want to bring a lawsuit?

The US legal system has one main court system.

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