Question 1

Tamra's action against Anton for the tire is called a ________.

Accepted Answer

A)  Counterclaim
B)  Discovery claim
C)  Cross-Claim
D)  Third-party claim
E)  Service claimF) A) and C)
G) B) and E)

Question 2

Cooper sues Company A in state court in South Carolina,where he lives,for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A rear-ended his pickup truck.Company A is incorporated in Delaware,has its headquarters in New York,but does a substantial amount of business in South Carolina.Claiming diversity of citizenship,Company A seeks removal to federal district court,but Cooper opposes the motion.Which of the following is true regarding whether the case may be properly removed to federal district court?

Accepted Answer

A)  Because the amount in controversy satisfies diversity requirements and Company A is headquartered in a state other than South Carolina,the case may be properly removed to federal court regardless of where Company A is incorporated and regardless of the location of its nerve center.
B)  The amount in controversy satisfies diversity requirements;and because Company A is incorporated and has its headquarters in a state other than South Carolina,the case may be properly removed to federal court.
C)  Because the amount in controversy fails to satisfy jurisdictional requirements,regardless of the location of Company A,the case may not be removed to federal court.
D)  The amount in controversy satisfies diversity requirements;and if Company A's nerve center is in a state other than South Carolina,then the case may be properly removed to federal court.
E)  Because the amount in controversy satisfies diversity requirements and Company A is incorporated in a state other than South Carolina,the case may be properly removed to federal court regardless of where Company A's headquarters,nerve center,or principal place of business is located.F) C) and E)
G) B) and D)

Question 3

Which of the following has the power to hear and decide a case when it first enters the legal system?

Accepted Answer

A)  A trial court.
B)  The U.S.Supreme Court
C)  An appellate court.
D)  A court of appellate jurisdiction.
E)  The state Supreme Court.F) A) and B)
G) A) and E)

Question 4

Intermediate Courts of Appeal:

Accepted Answer

A)  Are analogous to the U.S.Supreme Court
B)  Are analogous to federal circuit courts of appeal
C)  Exist in every state
D)  Are courts of last resort
E)  Have very limited jurisdictionF) A) and B)
G) A) and E)

Question 5

Plaintiffs must prove their cases beyond a reasonable doubt in most civil cases.

Accepted Answer

A) True 
 B)False

Question 6

Minimum contact requirements:

Accepted Answer

A)  Are the same in every state
B)  Are used to define what personal service means
C)  Were established in International Shoe Co.v.State of Washington
D)  Do not include committing a tort within a state
E)  Prevent a defendant from ever being served while out-of-stateF) B) and C)
G) C) and D)

Question 7

When can an appellate court overrule a trial courts' decision on questions of fact?

Accepted Answer

A)  Only if a judge decided on the question of fact
B)  Only if the trial court's findings were clearly erroneous
C)  Never
D)  Only if the appeal is filed by the plaintiff
E)  Only if a jury decided on the question of factF) A) and B)
G) B) and E)

Question 8

Jurisdiction over a person is known as in rem jurisdiction.

Accepted Answer

A) True 
 B)False

Question 9

The ________ requirement stops courts from rendering advisory opinions.

Accepted Answer

A)  Subject-matter jurisdiction
B)  In rem
C)  Case or controversy
D)  Attachment
E)  In personamF) D) and E)
G) B) and D)

Exam 3: The Uslegal System

The ________ requirement stops courts from rendering advisory opinions.

Correct Answer
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Jurisdiction over a person is known as in rem jurisdiction.

Correct Answer
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Minimum contact requirements:

Correct Answer
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Correct Answer
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Which of the following has the power to hear and decide a case when it first enters the legal system?

Correct Answer
verified

When can an appellate court overrule a trial courts' decision on questions of fact?

Correct Answer
verified

Tamra's action against Anton for the tire is called a ________.

Correct Answer
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Intermediate Courts of Appeal:

Correct Answer
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Plaintiffs must prove their cases beyond a reasonable doubt in most civil cases.

Correct Answer
verified

Exam 3: The Uslegal System

The ________ requirement stops courts from rendering advisory opinions.

Correct AnswerverifiedShow Answer

Jurisdiction over a person is known as in rem jurisdiction.

Correct AnswerverifiedShow Answer

Minimum contact requirements:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following has the power to hear and decide a case when it first enters the legal system?

Correct AnswerverifiedShow Answer

When can an appellate court overrule a trial courts' decision on questions of fact?

Correct AnswerverifiedShow Answer

Tamra's action against Anton for the tire is called a ________.

Correct AnswerverifiedShow Answer

Intermediate Courts of Appeal:

Correct AnswerverifiedShow Answer

Plaintiffs must prove their cases beyond a reasonable doubt in most civil cases.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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