BULW 3300 Exam 1 Questions with Detailed Answers Latest Update (Rated 100%)
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that d...
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your
medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the
equipment that day created the problem that caused the injury, and you want to sue. You live and work
in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the
lawsuit? - Answers in either state or federal court
In contrast to federal courts, state courts have what kind of jurisdiction? - Answers broad
What does venue refer to? - Answers geographic location of the court
Which branch of government has the authority to enact law? - Answers legislative
The federal and most state judicial branches have at least these three levels in the court system: -
Answers trial court, intermediate appellate court, and highest appellate court.
When the parties in a dispute present their arguments and evidence to a neutral third party who then
renders a decision, it is called: - Answers arbitration
The role of a mediator is to: - Answers assist parties in a dispute in resolving their differences out of
court.
What is a document called that is filed with the court to state the position of the plaintiff or the
defendant in a lawsuit and ask for relief from the court? - Answers pleading
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor
on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The
motion asks the court for a: - Answers summary judgement
What are the three steps of a civil trial? - Answers closing arguments, opening arguments, and
presentation of testimony and evidence
What is the process of interviewing prospective jurors and either approving of or challenging a person's
impartiality toward service on a particular jury? - Answers voir dire
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were
involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who
was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical
bills and lost wages. In deciding the case, what law will the federal district judge apply? - Answers state
law
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's
bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and
Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's
bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose
, the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has: -
Answers both subject matter and in personam jurisdiction in the case.
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her
family as they immigrated to the United States from Latvia during World War II. When finished, she
contacted a publisher and was shocked to discover that her book had just been published two weeks
ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had
asked Fran to review the book and give feedback, but instead, Fran published the book under her own
name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue.
Zegrida must sue Fran: - Answers in federal district court because the suit involves a copyright issue.
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre
and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned
choose to present their case to a neutral third party, and that third party will decide the case. The form
of ADR that Andre and Ned have decided to use is: - Answers arbitration
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries,
so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando
has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice
of the lawsuit. If Shania does not respond to the complaint: - Answers a default judgment may be
entered against her.
Federal courts have exclusive subject matter jurisdiction over which of the following? - Answers
Bankruptcies, Patents/trademark/copyright cases, Federal criminal prosecutions, and cases against the
US
A court has personal jurisdiction over a party in which of the following circumstances? - Answers - When
the party's property at issue in the case exists within the geographic boundaries of the authority of the
court
- When a party brings a case in its court
An arbitrator is different than a mediator because an arbitrator: - Answers has the authority to make a
binding award.
Which of the following are the TWO types of ADR that result in parties voluntarily signing a settlement
agreement rather than proceeding to trial? - Answers mediation and negotiation
Which of the following lists the steps of a trial in the correct chronological order from beginning to end?
- Answers Jury selection, opening statements, plaintiff's case, defendant's case
What are two types of challenges an attorney can make during voir dire? - Answers Peremptory
challenges and challenges for cause
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