EXAM QUESTIONS AND
ANSWERS | 100% PASS
Nick is walking to work along a sidewalk next to a road in Tuscaloosa, AL
where he resides. A TTT truck driven by William accidentally swerves off
the road and strikes Nick, causing injuries that result in more than
$100,000 in medical expenses. TTT has its principal place of business,
and its incorporated, in SC. In which state(s) and court(s) may Nick sue
TTT? - ANSWER ✔✔Nick would be able to sue TTT in the federal or
state courts because the amount being sued is over $75,000. Nick would
also be able to sue in AL. Because of the jurisdiction over corporations
and being that TTT is incorporated in SC, TTT would be protected by the
state of SC because there is an out of state resident suing the company.
,to find a person guilty of a crime, the judge or jury must find that the
prepoderance (majority) of the evidence is against the accused -
ANSWER ✔✔false
the US constitution created three branches of the federal government
(executive, judicial, and ...) - ANSWER ✔✔legislative
the US common law originated in - ANSWER ✔✔england
when judges use decisions from earlier legal cases for guidance in legal
principles to solve current cases it is referred to as - ANSWER
✔✔stare decisis
with the exception of the US supreme court, congress has the power to
abolish and create federal courts - ANSWER ✔✔true
most federal court of appeals cases are reviewed by the supreme court -
ANSWER ✔✔false
in blimka v. my web wholesalers, which involved a dispute between an
ID resident who ordered jeans from a Maine website-based seller, the ID
court held that since the Maine seller had no physical presence in ID it
was not subject to ID court jurisdiction - ANSWER ✔✔false
federal judges are appointed for a term of - ANSWER ✔✔none of the
choices (4 years, 7 years, 10 years, 14 years)
,the doctrine of judicial immunity means judges may - ANSWER
✔✔not be sued for damages that result from their judicial acts
which court(s) in the federal court system uses juries - ANSWER
✔✔the US district courts
an en banc proceeding is when - ANSWER ✔✔all the judges in a
circuit hear a case
if the US supreme court accepts a case on appeal it - ANSWER
✔✔grants a writ of certiorari
like most european countries, france is - ANSWER ✔✔a civil-law
country
the party who files a law suit is the - ANSWER ✔✔plaintiff
although states are free to develop their own procedural rules, many
have adopted rules similar to - ANSWER ✔✔the federal rules of civil
procedures
federal courts have the judicial power to hear cases involving -
ANSWER ✔✔all of the choices are correct (case involving US
internal revenue code, dispute between citizens of 2 diff states and
amount is above $75,000, case involving a treaty between the US and
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3
, canada, dispute between a US citizen and foreigner with amount over
$75,000)
besides having personal jurisdiction over a case, the court must also
have - ANSWER ✔✔subject-matter jurisdiction
an arbitrator's decision may be appealed based on an error of law only -
ANSWER ✔✔false
the defendant's reply to the complaint, in which the defendant admits or
denies the allegations, is known as - ANSWER ✔✔an answer
sworn testimony, outside of the courtroom, of a witness recorded by a
court official is a - ANSWER ✔✔deposition
in barabin v. astenjohnson, where barabin sued for damages suffered
from exposure to asbestos, the appeals court held that - ANSWER
✔✔when the qualification of a potential expert witness is challenged by
the opposing side, a Daubert hearing must be held outside of the
presence of the jury for the judge to determine if the witness qualifies as
an expert
if a party refuses to comply with a court order to produce documents or
answer written interrogations - ANSWER ✔✔the court can find the
party in contempt of court, which can result in fines or imprisonment