FIU BUL 6810 quiz 3

Question 1

1. Which of the following is true regarding age and citizenship requirements of federal judges?

   		There are no age requirements nor is there any requirement that a federal judge be a naturally born citizen.
   		There are no age requirements but there is a requirement that a federal judge be a naturally born citizen.
   		A federal judge must be at least 45, but there is no requirement that a federal judge be a naturally born citizen.
   		A federal judge must be at least 45 and also a natural born citizen.

5 points

Question 2

1. For diversity purposes, a corporation is deemed a citizen of

   		the state of incorporation.
   		the state of its principal place of business.
   		either the state of incorporation or the state of its principal place of business, but not both.
   		both the state of incorporation and the state of its principal place of business.

5 points

Question 3

1. A motion for summary judgment will be granted where there is no triable issue of

   		fact
   		law
   		evidence
   		fact, law, or evidence

5 points

Question 4

1. The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.

   		Subpoena
   		Summons
   		Complaint
   		Suggestion

5 points

Question 5

1. The ______ Amendment to the U.S. Constitution generally protects a state (or an agency thereof) from being sued without its consent in a federal court.

   		Second
   		Eleventh
   		Fifteenth
   		Twenty-first

5 points

Question 6

1. A lawsuit may be resolved before trial by the judge granting a[n]

   		judgment notwithstanding the verdict
   		interlocutory judgment
   		motion to dismiss
   		request for production of documents

5 points

Question 7

1. In 2002 the European Union adopted the _____________ to standardize the rules for determining where suits involving e-commerce may be brought.

   		Brussels Conventions
   		European E-commerce Rules
   		European Commerce Standards
   		French Conventions

5 points

Question 8

1. Assuming that more than one forum has jurisdiction over a lawsuit, the doctrine of ____________ involves a determination of which forum is more appropriate.

   		Jurisdiction non conveniens
   		Convenient state proceeding
   		Forum non conveniens
   		Subject matter jurisdiction

5 points

Question 9

1. An affirmative defense ________ that the defendant has acted in a certain way but claims that the defendant's conduct was not the legal cause of harm to the plaintiff.

   		admits
   		denies
   		neither admits nor denies
   		may either admit or deny

5 points

Question 10

1. Robert had a dispute with his neighbor regarding the location of the property line. Robert's attorney suggests to Robert that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict. Which of the following is the appropriate term for that type of procedure?

   		Summary jury trial
   		Nonbinding jury trial
   		Private jury trial
   		Procedural jury trial

5 points

Question 11

1. The ______________ control the civil trial practices in all of the U.S. district courts.

   		Federal Rules of Civil Procedure
   		Universal Rules of Civil Procedure
   		National Rules of Civil Court Conduct
   		Common Rules of Civil Procedure

5 points

Question 12

1. The two coexisting judicial systems are a result of the ______ created by the U.S. Constitution, which gives certain powers to the federal government while reserving other powers to the states.

   		standing
   		diversity
   		duality
   		federalism

5 points

Question 13

1. Which of the following is true regarding citizenship of an individual for purposes of diversity jurisdiction in federal court?

   		An individual is a citizen of the state where that person has his or her legal residence or domicile, and there is no limit to the number of states in which an individual may be a citizen so long as the individual has a house in every state in which citizenship is claimed.
   		An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen of only one state.
   		An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen in a maximum of two states.
   		An individual is considered a citizen of the state in which a lawsuit is brought because the individual becomes subject to that state's laws.

5 points

Question 14

1. What is the inscription on the front of the U.S. Supreme Court building in Washington, D.C.?

   		Live free or die
   		Equal justice under the law
   		Due Process for all
   		Equal protection for all

5 points

Question 15

1. A ________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party's favor

   		directed verdict
   		summary judgment
   		judgment n.o.v.
   		judgment on the pleadings

5 points

Question 16

1. The party appealing a case is referred to as which of the following?

   		Plaintiff
   		Respondent
   		Appellee
   		Appellant

5 points

Question 17

1. A judge will grant a motion to dismiss the complaint on all but the following grounds:

   		The plaintiff has failed to state a claim on which relief can be granted.
   		The court lacks jurisdiction over the subject matter or the parties involved.
   		The plaintiff has failed to offer the defendant an offer of settlement.
   		The plaintiff has failed to properly serve the complaint on the defendant.

5 points

Question 18

1. Diversity jurisdiction exists when

   		a lawsuit is between citizens of different states.
   		the amount in controversy, exclusive of interest and all costs, exceeds $75,000.
   		either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000.
   		both that a lawsuit is between citizens of different states and that the amount in controversy, exclusive of interest and all costs, exceeds $75,000.

5 points

Question 19

1. Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were withintwenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience witha refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigeratorhad actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new withoutrepairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court andalso on the basis that he was not subject to jurisdiction in Virginia. Which of the following is the most likely result in regard to Bruce's claim that he was not subject to jurisdiction in a court located in Virginia?

   		Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there.
   		Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities.
   		Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state.
   		Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.

5 points

Question 20

1. Which of the following are rules that prescribe which state's law should be applied to a particular kind of case?

   		Conflict-of-dispute rules
   		Conflict-of-law rules
   		Litigant rules
   		Forum-shopping rules