A) The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than Georgia, then the case may be properly removed to federal court.
B) The amount in controversy satisfies diversity requirements; and because Company A is incorporated and has its headquarters in a state other than Georgia, the case may be properly removed to federal court.
C) Because the amount in controversy satisfies diversity requirements and Company A is incorporated in a state other than Georgia, the case may be properly removed to federal court regardless of where Company A's headquarters, nerve center, or principal place of business is located.
D) Because the amount in controversy satisfies diversity requirements and Company A is headquartered in a state other than Georgia, the case may be properly removed to federal court regardless of where Company A is incorporated and regardless of the location of its nerve center.
E) Because the amount in controversy fails to satisfy jurisdictional requirements, regardless of the location of Company A, the case may not be removed to federal court.
Correct Answer
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Multiple Choice
A) Peremptory challenge
B) Challenge for cause
C) Stipulated challenge
D) Fairness challenge
E) Approved challenge
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True/False
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Multiple Choice
A) Only that the plaintiff not reside in the same state as the defendant.
B) Only that the plaintiff reside in the same state as the defendant.
C) Only that the controversy concern an amount in excess of $75,000.
D) Only that the controversy concern an amount in excess of $100,000.
E) That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
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Multiple Choice
A) In rem jurisdiction
B) Personal jurisdiction
C) Subject-matter jurisdiction
D) Equitable jurisdiction
E) Quasi in rem jurisdiction
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Multiple Choice
A) The only tool of discovery is interrogatories.
B) Depositions are the only tool of discovery available to plaintiffs, but defendants may use both interrogatories and depositions.
C) Summary motions, interrogatories, and depositions, are tools of discovery available to all parties.
D) Interrogatories and depositions are tools of discovery available to all parties, but summary motions and requests to produce documents are not tools of discovery.
E) Interrogatories, depositions, and requests to produce documents are all tools of discovery available to all parties.
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Multiple Choice
A) No, the judge was wrong and should have considered that testimony.
B) Yes, the judge was correct to disallow the testimony because it involved a possible criminal action.
C) Yes, the judge was correct to disallow the testimony because it was hearsay.
D) Yes, the judge was correct to disallow the testimony but only because Susie was in the courtroom and could testify herself; otherwise, it should have been allowed.
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.
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True/False
Correct Answer
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True/False
Correct Answer
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Multiple Choice
A) Secondary answer
B) Pleading defense
C) Affirmative defense
D) Formal answer
E) Personam answer
Correct Answer
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Multiple Choice
A) It depends on the nature and quality of commercial activity that an entity conducts over the Internet.
B) Yes, for any type of action.
C) Yes, but only if the defendant consented to jurisdiction in the plaintiff's home state.
D) Yes, but only if the defendant has actually physically been in the plaintiff's home state within the 180 days prior to the filing of the complaint.
E) No, not under any circumstances.
Correct Answer
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Essay
Correct Answer
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View Answer
Essay
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View Answer
True/False
Correct Answer
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Multiple Choice
A) Yes, so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.
B) Yes, but only if Jim can prove that he would have had to wait at least a year for a trial at the trial court level.
C) Yes, but only if Jim files his case in state court as opposed to federal court.
D) Yes, but Jim is not entitled to a jury.
E) No, because Jim is required to first file the case in the appropriate trial court.
Correct Answer
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Multiple Choice
A) No, jurors are not used at the appellate court level.
B) Yes, but only if he had a jury first at the trial court level.
C) Yes, if he satisfies the requirements to initially bring the case in appellate court, he is entitled to a jury.
D) Yes, but only if the employer agrees to a jury.
E) Yes, because appellate courts decide questions of fact while questions of law are decided at the trial court level.
Correct Answer
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Multiple Choice
A) Counterclaim
B) Cross-Claim
C) Third-party claim
D) Discovery claim
E) Service claim
Correct Answer
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Multiple Choice
A) There is no exclusive federal jurisdiction in civil matters.
B) If a case falls within the federal jurisdiction, it may not fall within state jurisdiction.
C) Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction.
D) Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters.
E) Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.
Correct Answer
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Multiple Choice
A) The lawyer should make a motion for summary judgment.
B) The lawyer should make a motion for additional discovery.
C) The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
D) The lawyer should file a motion for judgment on the pleadings.
E) The lawyer should proceed to trial.
Correct Answer
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Multiple Choice
A) Admiralty cases only
B) Bankruptcy cases only
C) Federal copyright cases only
D) Admiralty, bankruptcy, and federal copyright cases
E) The federal court system has no exclusive jurisdiction
Correct Answer
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