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Mike,a resident of Georgia,sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A strikes his pick-up truck in the rear.Company A is incorporated in Delaware,has its headquarters in New York,but does a substantial amount of business in Georgia.Company A seeks removal to federal district court,but Mike opposes the motion.Which of the following is true regarding whether the case may be properly removed to federal district court?


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.

F) A) and B)
G) B) and D)

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The challenge to the juror who said that they could not be fair is referred to as a[n] ________.


A) Peremptory challenge
B) Challenge for cause
C) Stipulated challenge
D) Fairness challenge
E) Approved challenge

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

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A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

A) True
B) False

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Which of the following is needed for diversity-of-citizenship?


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.

F) All of the above
G) A) and C)

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Which of the following is the same as attachment jurisdiction?


A) In rem jurisdiction
B) Personal jurisdiction
C) Subject-matter jurisdiction
D) Equitable jurisdiction
E) Quasi in rem jurisdiction

F) All of the above
G) A) and B)

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Which of the following is true regarding tools of discovery?


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.

F) A) and C)
G) A) and B)

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Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire?


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.

F) B) and E)
G) A) and E)

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A party only has a limited number of challenges for cause in jury selection.

A) True
B) False

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Under our system of justice,courts may issue advisory opinions.

A) True
B) False

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A defendant uses a[n] ______ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.


A) Secondary answer
B) Pleading defense
C) Affirmative defense
D) Formal answer
E) Personam answer

F) A) and E)
G) A) and B)

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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?


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.

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

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Cindy ran her car over Hank in her company parking lot breaking his leg.That happened because,without warning,Cindy's car brakes failed.Hank sues Cindy.Cindy decides to do nothing because she sees no way that she can win the lawsuit because she did indeed strike Hank.Is she right? Why or why not? What would you suggest that she do in the civil litigation? Why is it important that Cindy proceed correctly and immediately at this point in the litigation?

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Cindy is not correct in her thinking.She...

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Discuss the items that should appear in a complaint.

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The complaint states the names...

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Only one party may appeal from a final judgment.

A) True
B) False

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Will an appellate court hear Jim's case?


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.

F) C) and D)
G) B) and D)

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Assuming Jim ends up initially,or at some later point,at the appellate level,is he entitled to a jury at the appellate level?


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.

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

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Jane's action against Greg for the tire is called a ______.


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

F) None of the above
G) B) and D)

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Which of the following is true regarding federal jurisdiction?


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.

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

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Doctor Sally was sued for malpractice based on allegedly removing the wrong body part.Following discovery,it becomes clear that the plaintiff has no credible evidence against Doctor Sally and that no reasonable jury could rule in the plaintiff's favor.How should Sally's lawyer proceed?


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.

F) A) and C)
G) B) and C)

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Over which of the following does the federal court system have exclusive jurisdiction?


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

F) C) and D)
G) B) and E)

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