LEB 320F final Exam Questions and Answers
Common law - Answer -all the rules and principles currently existing in any state that result from judicial decisions/ When a legal idea comes from a court case (judge made, case made, unwritten)
Statutory law - Answer -legal rules that have been formally adopted by legislative bodies
rather than courts (criminal and tax law)
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the Genetic Information Nondiscrimination Act. Which of these is/are a statute? - Answer -
Both of them
Appeals - Answer -appellate courts hear appeals from lower courts/ goes from district courts to one of the 11in their boundaries
writ of certiorari - Answer -an order of a higher court requiring a lower court to send to it the documentary of the trial
Trial level - Answer -federal, state, state courts of limited jurisdiction, specialized US Courts
Appellate level - Answer -state courts of appeal, US courts of appeal
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal his case to a ________________ court. If he loses there, he can seek to have his case reviewed by ________________ . - Answer -D. A U.S. Court of Appeals; the U.S. Supreme Court
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals. Which of the following can you say is definitely true? - Answer -B. Abner is bringing the appeal to the U.S. Court of Appeals.
Cases that go to state court - Answer -Justice of the peace courts, municipal courts, traffic courts, and domestic relations courts (divorce, custody, and child support)/ cases involving contract law, criminal law, and corporation law originate in general trial courts cases that go to federal court - Answer -tax cases, claims against the federal government
long arm statute - Answer -permits a court to gain personal jurisdiction over a defendant
even though the defendant has not made an appearance and has not been served with a summons within the forum state (requires substantial contact w the state)
Ways to have substantial contact - Answer -signing a contract in forum state, going into the state, or committing a tort
Paul Plaintiff, a resident of Texas, files a lawsuit in Texas against Don Defendant, a resident of California. Don receives notice of the lawsuit, and tells his lawyer, "I don't want to travel to Texas to be sued by this guy." Don's lawyer says, "Maybe you don't have to." The lawyer argues that the Texas court lacks personal jurisdiction over Don. Paul's lawyer asserts that the court does have personal jurisdiction, and that the case should proceed.
Six months before, Don travelled to Texas, signed a contract with Paul while he was there, and returned to California. He has made no other trips to Texas and has had no other interactions with the state.
In Paul's lawsuit, he alleges that Don has breached that contract.
Which of the following types of personal jurisdiction does the Texas court have over Don? - Answer -B. Specific personal jurisdiction
Arbitration - Answer -parties in a dispute sign a contract that selects an arbitrator given legal authority to reach a binding decision
Zena signs an arbitration agreement on her first day of her new job that if she has any disputes, she cannot sue only pursue remedy in arbitration. A year later she gets in a car accident with Barry and they sign an arbitration agreement.
Zena is mad at her boss for not giving her a promotion and Barry for the car accident. She wants to sue both of them and not go through arbitration. Can she do so? - Answer -D. No, she must arbitrate both disputes.
Mediation - Answer -where neutral third parties mediate and have no power to render a binding decision
Tina has a dispute with her next-door neighbor. The neighbor's tree fell over onto her garage roof and caused significant damage. The neighbor has been slow to agree to pay for the damage. Tina says, "I'd like to work this out quickly, and I hope that I can still
be friends with my neighbor later - it would be awkward to live next door to someone who is angry with me." - Answer -C. A mediation
Common law - Answer -all the rules and principles currently existing in any state that result from judicial decisions/ When a legal idea comes from a court case (judge made, case made, unwritten)
Statutory law - Answer -legal rules that have been formally adopted by legislative bodies
rather than courts (criminal and tax law)
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the Genetic Information Nondiscrimination Act. Which of these is/are a statute? - Answer -
Both of them
Appeals - Answer -appellate courts hear appeals from lower courts/ goes from district courts to one of the 11in their boundaries
writ of certiorari - Answer -an order of a higher court requiring a lower court to send to it the documentary of the trial
Trial level - Answer -federal, state, state courts of limited jurisdiction, specialized US Courts
Appellate level - Answer -state courts of appeal, US courts of appeal
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal his case to a ________________ court. If he loses there, he can seek to have his case reviewed by ________________ . - Answer -D. A U.S. Court of Appeals; the U.S. Supreme Court
Consider Abner v. Doubleday, a case that will be heard by a U.S. Court of Appeals. Which of the following can you say is definitely true? - Answer -B. Abner is bringing the appeal to the U.S. Court of Appeals.
Cases that go to state court - Answer -Justice of the peace courts, municipal courts, traffic courts, and domestic relations courts (divorce, custody, and child support)/ cases involving contract law, criminal law, and corporation law originate in general trial courts cases that go to federal court - Answer -tax cases, claims against the federal government
long arm statute - Answer -permits a court to gain personal jurisdiction over a defendant
even though the defendant has not made an appearance and has not been served with a summons within the forum state (requires substantial contact w the state)
Ways to have substantial contact - Answer -signing a contract in forum state, going into the state, or committing a tort
Paul Plaintiff, a resident of Texas, files a lawsuit in Texas against Don Defendant, a resident of California. Don receives notice of the lawsuit, and tells his lawyer, "I don't want to travel to Texas to be sued by this guy." Don's lawyer says, "Maybe you don't have to." The lawyer argues that the Texas court lacks personal jurisdiction over Don. Paul's lawyer asserts that the court does have personal jurisdiction, and that the case should proceed.
Six months before, Don travelled to Texas, signed a contract with Paul while he was there, and returned to California. He has made no other trips to Texas and has had no other interactions with the state.
In Paul's lawsuit, he alleges that Don has breached that contract.
Which of the following types of personal jurisdiction does the Texas court have over Don? - Answer -B. Specific personal jurisdiction
Arbitration - Answer -parties in a dispute sign a contract that selects an arbitrator given legal authority to reach a binding decision
Zena signs an arbitration agreement on her first day of her new job that if she has any disputes, she cannot sue only pursue remedy in arbitration. A year later she gets in a car accident with Barry and they sign an arbitration agreement.
Zena is mad at her boss for not giving her a promotion and Barry for the car accident. She wants to sue both of them and not go through arbitration. Can she do so? - Answer -D. No, she must arbitrate both disputes.
Mediation - Answer -where neutral third parties mediate and have no power to render a binding decision
Tina has a dispute with her next-door neighbor. The neighbor's tree fell over onto her garage roof and caused significant damage. The neighbor has been slow to agree to pay for the damage. Tina says, "I'd like to work this out quickly, and I hope that I can still
be friends with my neighbor later - it would be awkward to live next door to someone who is angry with me." - Answer -C. A mediation
