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LEB 320F FINAL Questions Solved 100% Correct | Verified
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LEB 320F FINAL Questions Solved 100% Correct | Verified
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LEB 320F FINAL Questions Solved 100%Correct | Verified
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. Don's lawyer asserts in a court filing
that the court does have personal jurisdiction, and that the case should not proceed. He does
not say anything else about the case in the filing. Don's lawyer has filed a(n) ___________. This
action ___________ give the Texas court personal jurisdiction over Don. - ✔✔special
appearance; does not
special appearance - ✔✔appearance by defendant solely in order to object to the court
taking jurisdiction over the defendant or action
general personal jurisdiction - ✔✔jurisdiction of a state court over a nonresident defendant
(if nonresident has either maintained a physical presence in the forum state or has continuall
targeted activities as the forum state over a substantial period of time)
specific personal jurisdiction - ✔✔jurisdiction over a defendant when the defendant has
sufficient minimum contacts with the forum state, and the claim arises out of those contacts,
such that haling the defendant into court does not offend traditional notions of fair play and
substantial justice
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 in a court filing
that the court does have personal jurisdiction, and that the case should proceed.
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? -
✔✔specific personal jurisdiction
,voir dire - ✔✔jury selection process of questioning prospective jurors, to ascertain their
qualifications and determine any basis for challenge
challenge for cause - ✔✔if questioning indicates that a particular person probably would not
be capable of making an impartial decision, the judge will excuse the person
peremptory challenges - ✔✔the right to excuse a juror for virtually any reason
direct examination - ✔✔the examination of a witness by the attorney who calls the witness
to the stand to testify on behalf of the attorney's client
cross-examination - ✔✔the questioning of an opposing witness during a trial
rules of evidence - ✔✔1. irrelevant evidence
2. hearsay
3. opinion
hearsay - ✔✔(1) consists of a statement made by some person who is not testifying
personally in court and (2) the evidence is offered in court for the purpose of proving the truth
of that statement
charge - ✔✔core of the instructions and gives the jury a legal framework for performing its
job
general charge - ✔✔outlines and explains the relevant legal principles for the jury; it then
asks them to decide the relevant facts and reach a verdict either for the plaintiff or for the
defendant
, special charge - ✔✔series of questions to the jury; each question relates to a disputed fact
and asks for a yes or no answer
writ of execution - ✔✔a court's order, after a judgment has been entered against the debtor,
directing the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal
property. The proceeds of the sale are used to pay off the judgment, accrued interest, and costs
of the sale; any surplus is paid to the debtor.
writ of garnishment - ✔✔an order of the court that orders that wages, bank accounts, or
other property of the breaching party held by third persons be paid to the nonbreaching party
to satisfy a judgment
negotiated settlement - ✔✔out-of-court settlement between the parties themselves
arbitration - ✔✔settling a dispute by agreeing to accept the decision of an impartial outsider
Zena signs an arbitration agreemtn on her first day at 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, Zena has a car accident with Barry. Afterwards they sign an agreement that they
will arbitrate the dispute.
A month after that, Zena does not get an expected promotion at work, and she thinks it is
because her supervisor dislikes her personality and not because of the quality of her work.
Now, Zena is upset at both her emplyoer and at Barry, 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? - ✔✔No, she must arbitrate both disputes.
mediators - ✔✔neutral third parties and have no power to render a binding decision
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