BULW 3300 Exam 1 with complete solution
You recently had an accident on the job. Some equipment fell on you causing a
serious injury, and your medical bills alone are likely to be over $85,000. You
claim an outside vendor who was working on the equipment that day created the
problem that caused the injury, and you want to sue. You live and work in Texas,
and the outside vendor is a resident of Oklahoma. Where do you think you should
file the lawsuit?
in either state or federal court
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
What does venue refer to?
geographic location of the court
Which branch of government has the authority to enact law?
legislative
The federal and most state judicial branches have at least these three levels in
the court system:
trial court, intermediate appellate court, and highest appellate court.
When the parties in a dispute present their arguments and evidence to a neutral
third party who then renders a decision, it is called:
arbitration
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
What is a document called that is filed with the court to state the position of the
plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
After all pleadings are filed and discovery is completed, a party may ask the judge
to rule in their favor on the basis that there are no genuinely disputed facts and
the judge need only rule on the law. The motion asks the court for a:
summary judgement
What are the three steps of a civil trial?
closing arguments, opening arguments, and presentation of testimony and evidence
What is the process of interviewing prospective jurors and either approving of or
challenging a person's impartiality toward service on a particular jury?
voir dire
Mary and Hanna, who are Tennessee residents, were traveling through
Mississippi when they were involved in an automobile accident with Franco, who
is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal
court in Mississippi and asks for $100,000 to reimburse him for his medical bills
and lost wages. In deciding the case, what law will the federal district judge
apply?
state law
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty
textbooks to Yan's bookstore every month by the 15th raised to the th power of
the month. Six months after Sanchez and Yan entered into this contract, Sanchez
breached the contract by not delivering the textbooks to Yan's bookstore. After
, Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must
choose the appropriate court in which to file her lawsuit. To do this, Yan needs to
be sure the court has:
both subject matter and in personam jurisdiction in the case.
For the past year, Zegrida has been writing a historical fiction novel based on the
experiences of her family as they immigrated to the United States from Latvia
during World War II. When finished, she contacted a publisher and was shocked
to discover that her book had just been published two weeks ago with Fran, a
business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida
had asked Fran to review the book and give feedback, but instead, Fran published
the book under her own name. Zegrida plans to sue Fran for copyright
infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue.
Andre is involved in a business dispute with his former partner, Ned. Instead of
filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR)
to settle their dispute. Andre and Ned choose to present their case to a neutral
third party, and that third party will decide the case. The form of ADR that Andre
and Ned have decided to use is:
arbitration
Rando and Shania are involved in an automobile accident. Rando decides to sue
Shania for his injuries, so he files a complaint, a formal pleading that starts the
lawsuit and sets out the allegations that Rando has against Shania. Rando has
the complaint, along with a summons, served on Shania to give her notice of the
lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her.
Federal courts have exclusive subject matter jurisdiction over which of the
following?
Bankruptcies, Patents/trademark/copyright cases, Federal criminal prosecutions, and
cases against the US
A court has personal jurisdiction over a party in which of the following
circumstances?
- When the party's property at issue in the case exists within the geographic boundaries
of the authority of the court
- When a party brings a case in its court
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award.
Which of the following are the TWO types of ADR that result in parties voluntarily
signing a settlement agreement rather than proceeding to trial?
mediation and negotiation
Which of the following lists the steps of a trial in the correct chronological order
from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
What are two types of challenges an attorney can make during voir dire?
Peremptory challenges and challenges for cause
You play drums in a band that is very popular on your campus. In addition to
playing other groups' hit songs, your band plays music that you write. One of
You recently had an accident on the job. Some equipment fell on you causing a
serious injury, and your medical bills alone are likely to be over $85,000. You
claim an outside vendor who was working on the equipment that day created the
problem that caused the injury, and you want to sue. You live and work in Texas,
and the outside vendor is a resident of Oklahoma. Where do you think you should
file the lawsuit?
in either state or federal court
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
What does venue refer to?
geographic location of the court
Which branch of government has the authority to enact law?
legislative
The federal and most state judicial branches have at least these three levels in
the court system:
trial court, intermediate appellate court, and highest appellate court.
When the parties in a dispute present their arguments and evidence to a neutral
third party who then renders a decision, it is called:
arbitration
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
What is a document called that is filed with the court to state the position of the
plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
After all pleadings are filed and discovery is completed, a party may ask the judge
to rule in their favor on the basis that there are no genuinely disputed facts and
the judge need only rule on the law. The motion asks the court for a:
summary judgement
What are the three steps of a civil trial?
closing arguments, opening arguments, and presentation of testimony and evidence
What is the process of interviewing prospective jurors and either approving of or
challenging a person's impartiality toward service on a particular jury?
voir dire
Mary and Hanna, who are Tennessee residents, were traveling through
Mississippi when they were involved in an automobile accident with Franco, who
is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal
court in Mississippi and asks for $100,000 to reimburse him for his medical bills
and lost wages. In deciding the case, what law will the federal district judge
apply?
state law
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty
textbooks to Yan's bookstore every month by the 15th raised to the th power of
the month. Six months after Sanchez and Yan entered into this contract, Sanchez
breached the contract by not delivering the textbooks to Yan's bookstore. After
, Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must
choose the appropriate court in which to file her lawsuit. To do this, Yan needs to
be sure the court has:
both subject matter and in personam jurisdiction in the case.
For the past year, Zegrida has been writing a historical fiction novel based on the
experiences of her family as they immigrated to the United States from Latvia
during World War II. When finished, she contacted a publisher and was shocked
to discover that her book had just been published two weeks ago with Fran, a
business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida
had asked Fran to review the book and give feedback, but instead, Fran published
the book under her own name. Zegrida plans to sue Fran for copyright
infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue.
Andre is involved in a business dispute with his former partner, Ned. Instead of
filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR)
to settle their dispute. Andre and Ned choose to present their case to a neutral
third party, and that third party will decide the case. The form of ADR that Andre
and Ned have decided to use is:
arbitration
Rando and Shania are involved in an automobile accident. Rando decides to sue
Shania for his injuries, so he files a complaint, a formal pleading that starts the
lawsuit and sets out the allegations that Rando has against Shania. Rando has
the complaint, along with a summons, served on Shania to give her notice of the
lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her.
Federal courts have exclusive subject matter jurisdiction over which of the
following?
Bankruptcies, Patents/trademark/copyright cases, Federal criminal prosecutions, and
cases against the US
A court has personal jurisdiction over a party in which of the following
circumstances?
- When the party's property at issue in the case exists within the geographic boundaries
of the authority of the court
- When a party brings a case in its court
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award.
Which of the following are the TWO types of ADR that result in parties voluntarily
signing a settlement agreement rather than proceeding to trial?
mediation and negotiation
Which of the following lists the steps of a trial in the correct chronological order
from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
What are two types of challenges an attorney can make during voir dire?
Peremptory challenges and challenges for cause
You play drums in a band that is very popular on your campus. In addition to
playing other groups' hit songs, your band plays music that you write. One of
