federal question jurisdiction.
When both state and federal courts have jurisdiction over a case,
exists.
diversity jurisdiction
a forum selection
... [Show More] clause concurrent jurisdiction venue
a federal question jurisdiction
"This contract shall be governed by the laws of the State of California. Any claim or dispute must be resolved exclusively by a state or a federal court located in Santa Clara County,
California." The above is an example of
a fact finder.
a motion for removal.
a statement of concurrent jurisdiction. a case of limited jurisdiction.
a forum selection clause
One way in which state trial courts differ from courts of limited jurisdiction is that
one has original jurisdiction, while the other has appellate jurisdiction. decisions in courts of limited jurisdiction are always made by a jury.
they are not governed by the same limits on civil damages or criminal penalties. trial courts are limited by greater subject-matter restrictions.
only courts of limited jurisdiction keep detailed records of hearings, trials, and other proceedings.
The two most important bases of federal court jurisdiction are
in personam and federal question jurisdiction. federal question and in rem jurisdiction. federal question and diversity jurisdiction.
in personam jurisdiction and in rem jurisdiction. in personam and federal question jurisdiction.
In personam jurisdiction is based on
the type of dispute involved in the case. the citizenship of both parties.
the residence, location, or activities of the defendant. the presence of property within the forum state. venue.
State courts can establish in personam jurisdiction over out-of-state defendants by
proving that federal due process is being violated. showing that property in dispute is located within the state.
establishing that plaintiff engaged in business with defendant's home state. showing that the amount in controversy exceeds $75,000.
applying a long-arm statute.
Whether a case is brought in one county or another is a question of
appeal. venue. jurisdiction. citizenship. claim.
Contract clauses stating that disputes between the parties must be litigated in the courts of a
particular state are known as
clauses of limited jurisdiction. venue requirements.
motions for removal.
statements of concurrent jurisdiction. forum selection clauses.
One way in which state trial courts differ from courts of limited jurisdiction is that
decisions in courts of limited jurisdiction are always made by a jury. trial courts have greater limits on civil damages and criminal penalties. trial courts are limited by greater subject-matter restrictions.
one has original jurisdiction, while the other has appellate jurisdiction.
trial courts are courts of record that keep detailed records of hearings, trials, and other proceedings.
Federal diversity jurisdiction requires a case to be between citizens of different states, and
concurrent jurisdiction with an appropriate state court.
the case to arise under the Constitution, laws, or treaties of the United States. the amount in controversy to exceed $75,000.
the amount in controversy to be under $5000.
any property in dispute to be located within district boundaries.
In rem jurisdiction is based on the presence of property within the forum state. the type of dispute involved in the case.
the citizenship of both parties. venue.
the residence, location, or activities of the defendant.
If a person who lives in one state does business within another state, contracts to supply goods or services within another state, or commits a tort (a civil wrong) in another state, that person may become subject to the jurisdiction of the other state's courts through
proof of a due process violation.
a property dispute within the state. plaintiff's motion for removal. application of a long-arm statute.
the amount in controversy requirement.
Venue normally determines
the amount in controversy. terms of service.
title to land.
the county in which a case is brought. the power of the court to hear the case.
Which of the following items are contained in the complaint?
The basis for the court's subject-matter jurisdiction over the case. The names of the parties to the case.
A request for a jury.
All of these are included in the complaint. The relief the plaintiff is seeking.
Preventing the case from going to trial is the purpose of which of the following step(s) in civil
litigation?
Only interrogatories Only a reply
Only a motion for judgment on the pleadings
A motion for judgment on the pleadings and a motion for summary judgment Only a motion for summary judgment
Which document initiates the lawsuit?
Answer
Motion for summary judgment Interrogatory
Reply Complaint
At the same time the parties filed interrogatories, they could have also filed a request for the
production of documents. Both of these filings are part of the process.
discovery pleadings ADR
voir dire hearing
In certain situations, lawsuits are not the best means for resolving civil disputes.
Accordingly, has assumed increasing importance in recent years.
the demurrer
the discovery process
alternative dispute resolution (ADR) the pretrial conference
litigiousness
The form of ADR that involves a contract whereby the defendant, without admitting liability, agrees to pay the plaintiff a sum of money in exchange for the plaintiff's promise to drop the claim against the defendant is called .
minitrial annexation mediation arbitration settlement
Filing interrogatories is part of the discovery process. Which of the following is also part of
the discovery process?
Requests for admission
Motions for a court order requiring that the opponent undergo physical or mental examination All of these
Depositions
Requests for production of documents
A(n) is a request for the court to decide the outcome of the case based on only the information contained in the complaint, answer, counterclaim, and reply.
motion for summary judgment motion for judgment on the pleadings
None of these (a case cannot be decided without a trial.) settlement request
interrogatory
Which of the following does not occur at a pretrial conference?
The parties provide a list of witnesses they are going to call to testify at the trial. The parties attempt to narrow the legal issues to be determined at trial.
Facts that both sides agree upon are stipulated.
The judge and lawyers for the parties attempt to settle the case without a trial. All of the listed actions occur at the pretrial conference.
Which of the following could result in the dismissal of a complaint?
Lack of proper response to interrogatories A finding of contempt
Failure to assert an affirmative defense Failure to file a reply
Inadequate service of process
In this form of ADR, judicial review or appeal is generally limited to cases involving fraud, corruption, or misconduct by the neutral party. In all other situations, the decision of the neutral party remains binding on the litigants.
Settlement Mediation Arbitration Conciliation Minitrial
What is the difference between a motion for a judgment on the pleadings and a motion for
summary judgment?
I. Only a plaintiff can file a motion for summary judgment, while only a defendant may file a motion for judgment on the pleadings.
II. In a motion for summary judgment, the moving party may use affidavits, relevant documents, and depositions or interrogatories to support his/her motion, but in a motion for judgment on the pleadings, he/she cannot.
III. Filing a motion for a summary judgment eliminates the need for a pretrial conference, but the filing of a motion for judgment on the pleadings does not.
IV. In a motion for summary judgment, the moving party may ask the court to use its equitable powers to grant the motion, but in a motion for judgment on the pleadings, he/she may not.
I only
II and IV II only
I, II, III, and IV
I and III
A(n) filed by the defendant is analogous to the complaint filed by the plaintiff.
motion for judgment on the pleadings motion for summary judgment interrogatory
counterclaim reply
A(n) allows one or more persons to sue on behalf of themselves and all others
who have suffered similar harm from substantially the same wrong.
class action
writ of execution interlocutory appeal directed verdict remand motion
A primary difference between arbitration and mediation is that
mediation, unlike arbitration, does not result in a decision that bind the parties. only mediation binds the parties.
arbitration results in an agreement rather than a decision. only arbitration can be court-annexed.
mediation requires the use of a judge as mediator.
Which is not considered a part of the pleadings stage of the pretrial?
Filing a counterclaim Filing a reply
Filing an answer
Filing a motion for summary judgment Filing a complaint
Upon receiving the complaint, a defendant could file instead of filing
an answer.
a motion for a new trial a demurrer
a motion for a clarification of plaintiff's complaint None of the motions listed
a motion for a judgment notwithstanding the verdict
Quiz
Minor criminal cases and civil disputes are originally decided in the appellate courts. True
False
Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.
True False
Which of the following takes the case away from the jury and provides a judgment to one party before the jury gets a chance to decide the case?
Discovery General verdict Directed verdict
Pretrial conference
For federal district court diversity jurisdiction to exist, the amount in controversy must exceed
$75,000.
True False
In a(n) , a neutral third party helps parties reach a cooperative resolution of their dispute by facilitating communication between them; however he/she generally cannot make decisions that bind the parties.
arbitration settlement minitrial mediation
Which of the following is the most important type of “motion to dismiss”?
Demurrer Affirmative defense Interrogatory
Counterclaim
During a trial, a enables the removal of jurors without having to show bias or other causes.
summary judgment peremptory challenge demurrer
directed verdict
Which of the following describes depositions?
Written questions directed to a party, answered in writing, and signed under oath. Documentary evidence introduced at trial.
Oral examinations of a party by the opposing party’s attorney. Written statements made during arbitration. [Show Less]