Exam (elaborations)
LEB 320F Book Exam Questions and Answers 100% Solved | Rated A+
LEB 320F Book Exam Questions and
Answers 100% Solved | Rated A+
Paul 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 bur...
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LEB 320F Book Exam Questions and
Answers 100% Solved | Rated A+
Paul 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 _____________. -
✔✔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 ________. - ✔✔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
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- 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 - ✔✔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) _______. -
✔✔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
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,- Jack
- both
- neither - ✔✔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? - ✔✔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? - ✔✔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
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, document is a writ of ________ and the second is a writ of ____________.
- ✔✔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. - ✔✔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
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.