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LEB 320F book questions and answers
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LEB 320F book questions and answersPaul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a stop sign and hitting his car and seeks damages to compensate him for his losses. Paul's cause will be a ___________- lawsuit. In the case, Paul's burden of proof will be to prove his case _____________. - Answer -civil; by preponderance of evidence
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 -a U.S. court of appeals, the U.S. Supreme Court
appeals from a deferal district court would proceed to a federal appellate court, and eventually maybe the USSC.
Consider Abner v. Doubleday, a case that will be heard by the US court of appeals. Which of the following can you definitely say is true?
- abner was the plaintiff in the original lawsuit brought to the district court
- abner is bringing the appeal to the US court of appeals
- abner was the defendant in the original lawsuit brought to district court
- both a and b
- none of the above are definitely true - Answer -abner is bringing the appeal to the US court of appeals
Sam dues AlphaCo, his former employer, In his case, he alleges that AlphaCo illegally discriminated against him. During discover, Sam's lawyer asks AlphaCo for its employment records over the past 10 years. The lawyer also want to talk to Sam's former supervisor under oath and ask him about the termination.
The demand for the employment records is a(n) __________. The lawyer would like to talk to the former supervisor as a part of a(n) _______. - Answer -request for production
of documents, deposition
Max sues the houston PD after he is arrest during a protest. He claims his free speech rights under the constitution have been violated. Jack sues MegaCorp over crop losses after they dumped toxic chemicals into a river that runs across the farm. He sues based on the federal clear water act and also under texas tort law. which of these two plaintiffs could bring their case to federal court?
- Max
- Jack
- both
- neither - Answer -both Max, a resident of texas, sues the houston police department after he is arrest during a protest. He claims his free speech rights under the constitution have been violated. He seeks $50,000. Can he bring his claim to federal court? - Answer -Yes, because he is raising a federal question. >75,000 only applies in diversity of citizenship cases
Fred is a prospective juror in a case in which Al Attorney will be asking for $10,000,000 in damages. During voir dire questioning, Al gets the feeling that Fred will be unlikely to award such a large sum. He does not have a good argument that Fred will be biased of will fail to be impartial, but he would still like to keep him off the jury. To do so, Al will probably have to use which type of challenge? - Answer -peremptory challenge
Jack loses a huge sum in a lawsuit with Pat Plaintiff, and he does not pay Pat for a long time. Pat's lawyer goes back to court and seeks the court's help in collecting what is owed. The court issues a document that empowers a sheriff to seize Jack's car and sell it at auction to raise part of the money. The court issues a second document that order Jack's bank to deliver some of his deposits into the custody of the court. The first document is a writ of ________ and the second is a writ of ____________. - Answer -
execution, garnishment
Zena signs an arbitration agreement on her first day I had a new job in which she agrees that if she has any disputes with the company in the future, she will not sue and will only pursue a remedy in arbitration. A year later, she has a car accident with Barry. Afterwards they sign an agreement that they will arbitrate this dispute. A month after that she does not get unexpected promotion at work, and she thinks it is because her supervisor dislikes her personally and not because of the quality of her work. Now she is upset at both her employer and up very, and she would like to have her day in court with both of them. She wants to sue both and not go through arbitration can she do so. -
Answer -No, she must arbitrate both disputes.
Tina has a dispute with her next-door neighbor. The neighbors tree fell over into her garage roof and causing if you can 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. Based on Tina's comments, she should start with which of the following.
- a trial
- an arbitration
- a mediation - Answer -Mediation
Roger owns a restaurant in Texas. It is not part of a chain and he only owns one restaurant. He does not ship food or anything else to customers. A month ago a customer was in visiting from Florida and claimed he picked up a case of food poisoning. Now he is trying to sue. Roger examines the paper closely and becomes aggravated. Can the former customer from Florida force Roger to defend the case in Florida? - Answer -Probably not, plaintiff probably selected a court that doesn't have personal jurisdiction over roger.
In this scenario above, is it OK for Roger to wait three weeks before acting, or would that create a specific problem that makes you believe he should call his lawyer now. - Answer -If he does nothing, he risks default judgement
In the same scenario how good does the plaintiffs evidence need to be for him to have a
chance to win the case? - Answer -The plaintiff will have to prove his case by a preponderance of evidence. Proving a case beyond a reasonable doubt is only required
in criminal cases.
What method of alternative dispute resolution might best accomplish Rogers wishes to lead a binding conclusion to the case outside the court room - Answer -Mediation because it is not a binding process. If a settlement is not reached, the plaintive can still file a traditional lawsuit. Arbitration results are normally final and binding.
When Congress passes a statute, it exercises__________ power. If someone challenges the law in a quart and argues that the new law violates a part of the constitution, the court will use their power of _________ to evaluate the law. - Answer -
Legislative, judicial review. The power to create new laws is legislative power, in the power to assess the constitutionality of the new laws is judicial review.
Under the Supreme Court's modern interpretation of the commerce clause, the most important factor in determining whether businesses activities count as interstate commerce is whether
- any customers reside in states other than the business' home state
- Any physical items are goods across from one state to another
- The activities have any appreciable effect on interstate commerce
- The transactions are substantial in number, or involve a substantial sum of money
- none of the above - Answer -The activities have an appreciable effect on interstate commerce. Before the 1930s, the court paid more attention to other items cross state lines are used interstate rivers are railroads. Today, the court is most concerned with whether the activities have an affect on interstate commerce. Most business activities do, and so most business activities can be regulated by the federal government.
Carolyn Debby bring separate lawsuits under their 14th amendment right to equal protection. Carol challenges a law that she claims makes distinctions based on gender. Debby challenges a law that she says makes distinctions based on the income level of residence of her state. If the government wishes to keep the challenge the laws in place, I will have to convince the court that the laws necessary to further and state _________interest in Carol's lawsuit and a state _________ interest in Debby's lawsuit. - Answer -Important, rational
Carl challenge of the statue under his 14th amendment right to equal protection. He argues that the law makes distinctions based upon race, and that it must be struck
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