CHAPTERS: 14, 15, 16) Q&A 100% PASS
federal courts have the judicial power to hear cases involving 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 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 subject-matter
jurisdiction
an arbitrator's decision may be appealed based on an error of law only false
the defendant's reply to the complaint, in which the defendant admits or denies the allegations, is
known as an answer
sworn testimony, outside of the courtroom, of a witness recorded by a court official is a
deposition
in barabin v. astenjohnson, where barabin sued for damages suffered from exposure to asbestos,
the appeals court held that 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 the court can find the party in contempt of court, which can result in fines or
imprisonment
summary judgement is granted when when the court can apply the law to the undisputed facts
and resolve the dispute
,compensatory damages are intended to give injured parties a sum of money to restore them
to the economic position they were in before the injury
a court order to an official, such as the sheriff, to seize property of the defendant to satisfy a
judgement is known as a writ of law
the most widely recognized form of an alternative dispute resolution process is arbitration
when an arbitrator is used, which is usually true the arbitrator is a neutral expert in the field
of the dispute
as a practical matter, when a party is unhappy with the decision from arbitration, it is the most
common to obey the ruling
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? 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 false
the US constitution created three branches of the federal government (executive, judicial, and ...)
legislative
the US common law originated in england
, when judges use decisions from earlier legal cases for guidance in legal principles to solve
current cases it is referred to as stare decisis
with the exception of the US supreme court, congress has the power to abolish and create federal
courts true
most federal court of appeals cases are reviewed by the supreme court 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 false
federal judges are appointed for a term of none of the choices (4 years, 7 years, 10 years, 14
years)
the doctrine of judicial immunity means judges may not be sued for damages that result from
their judicial acts
which court(s) in the federal court system uses juries the US district courts
an en banc proceeding is when all the judges in a circuit hear a case
if the US supreme court accepts a case on appeal it grants a writ of certiorari
like most european countries, france is a civil-law country
the party who files a law suit is the plaintiff