LSTD207 Final Exam (APUS)
Part 1 of 1 - 100.0 Points
Question 1 of 30 2.5 Points
A defendant must raise any objections to personal jurisdiction in the first response to the plaintiff's complaint or the issue is waived and may not be reconsidered.
Question 2 of 30 2.5 Points
A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.
Question 3 of 30 2.5 Points
Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?
A. Yes B. No
Question 4 of 30 2.5 Points
John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.
A. The court does not have jurisdiction as the defendants are both from California and not diverse.
B. The court does not have jurisdiction because it was filed in California.
C. The court has jurisdiction as long as the plaintiff is diverse from the defendants. D. Both A and B are correct.
Question 5 of 30 2.5 Points Which of the following cases CAN NOT be heard in federal court?
A. A claim based on the Age Discrimination under the Federal Employment Act
B. A tort claim between citizens of the same state
C. A case brought by the State of New Jersey against the State of New York
D. A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000
Question 6 of 30 2.5 Points
Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson's property in Massachusetts. Where would Venue be proper?
B. D. Me.
C. D.N.H. or D. Me. D. D. Mass
Question 7 of 30 2.5 Points
Ted sues Larry for negligence, alleging that he suffered emotional distress from witnessing injury to a close friend in an accident with Larry. Larry responds by moving to dismiss for failure to state a claim under Rule 12(b)(6). After the court denies the motion, but before Larry answers, Larry files a second pre-answer motion to dismiss per lack of venue under Rule 12(b)(3). Which of the following is True?
A. The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.
B. The motion is improper, because Larry's failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.
C. The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.
D. The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four "disfavored defenses."
Question 8 of 30 2.5 Points
You get the oil in your AMC Pacer changed at Skippy Lube in Jefferson City, Missouri, before heading down to Austin, Texas, to visit a friend. In Arkansas your car starts to make a strange noise. When you pull over you notice that there is no oil in the engine and it appears that the cap was never put back on. You immediately call your lawyer, who finds that Arkansas has a long- arm statute providing that a court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's transacting any business in this state. Can you sue Skippy Lube in Arkansas?
Question 9 of 30 2.5 Points
Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri? Arkansas
Question 10 of 30 2.5 Points
John Doe (resident of So. District of California) sues Joe Smith (resident of No. District of California) for Federal employment discrimination in the So. District of California. Smith does not object to venue and answers the complaint. Prior to the hearing on the merits, Smith files a motion to change venue to No. District of California where he resides.
A. Smiths motion is proper since he resides in the No. District of California.
B. Smiths motion is proper because he filed prior to the hearing on the merits.
C. Smiths motion is improper because he waived his objection to the venue and answered the complaint.
D. Smiths motion is improper because Doe may file in any district court in California- Smith's state of residence.
Question 11 of 30 2.5 Points Can attorneys depose persons who are not parties to the suit?
A. Yes B. No
Question 12 of 30 2.5 Points
John Doe sues Joe Smith for injuries suffered in an accident. During the deposition of Smith, Doe's attorney asks him, "didn't you tell your lawyer that you were speeding?" Smith's attorney objects to the question, arguing this information is not discoverable under the attorney-client privilege to the discovery rules. Is this objection proper?
A. Yes B. No
Question 13 of 30 2.5 Points
Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:
A. Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.
B. Point to the parts of the plaintiff's pleadings that allege matters in issue to demontrate a genuine issue of material fact.
C. Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.
Question 14 of 30 2.5 Points When is material protected from discovery by work product protection?
A. When it is confidential material prepared by a party's representative.
B. When it is prepared in anticipation of litigation or for trial by a party or by or for that party's representative.
C. When it is confidential communication between a party and that party's attorney. D. When it is prepared in anticipation of litigation or for trial by any person.
Question 15 of 30 2.5 Points When may a defendant move for judgment as a matter of law?
A. At the conclusion of the defendants evidence B. At the conclusion of the plaintiff’s evidence C. Both A and B.
D. Before the presentation of any evidence
The general rule in Federal civil court is that a jury's decision must be unanimous.
Question 17 of 30 2.5 Points
Res Judicata only bars relitigation of legal issues that were decided in the original action.
Question 18 of 30 2.5 Points
What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?
A. "against the great weight of evidence."
B. "no rational basis in law."
C. there is "no disputed issues of material fact." D. no "genuine issue of material fact."
In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.
Question 20 of 30 2.5 Points
For civil cases, the burden of proof a plaintiff must establish for each element of a claim is
preponderance of evidence
Question 21 of 30 2.5 Points
When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:
Question 19 of 30
A. ad hoc
B. en banc
C. A mandamus D. pro se
Question 22 of 30
A federal court judge finds in favor of Plaintiff X for violation of his Federal Civil Rights by Defendant X. However, during the bench trial, the judge denied Plaintiff's request to compel discovery of certain evidence. Although Plaintiff X ultimately won the case, he feels the judge was wrong in denying his motion to compel and seeks to appeal the denial of the evidence. Which of the following is True?
I. The prevailing party can always appeal any legal issues rendered by a judge.
II. The Plaintiff won his case and cannot appeal this issue.
III. The Plaintiff must raise his objection at trial in order to preserve this issue for an appeal.
C.I and III only D.I only
Question 23 of 30 2.5 Points
Tom sues John in state court for breach of contract. During the trial, the judge excluded a witness affidavit submitted by John's attorney. John's attorney does not object to the judge's exclusion of the evidence. The jury finds for Tom. John files an appeal in the state appellate court, claiming the judge erred in excluding the affidavit. The court should:
A. consider the appeal even if the evidence was not objected to during the trial
B. not consider the appeal since John's attorney failed to object to the exclusion during the trial
C. remand the case back to the trial judge for him/her to reconsider the evidence
Question 24 of 30 2.5 Points
Following a federal court jury verdict and award for damages, the judge:
A. may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.
B. may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.
C. must accept the jury's award for damages as a matter of law.
D. may reconvene the jury and ask them to reconsider the amount awarded.
Question 25 of 30 2.5 Points
Andy sues Ray Motors for injuries suffered while driving a used snowmobile that Ray Motors sold him. His suit is based on breach of warranty (a contract theory) and strict products liability (a tort theory). Ray Motors moves to dismiss the contracts claim on the ground that the state long-arm statute does not authorize jurisdiction over it. The judge concludes that the long-arm statute allows the suit against Ray Motors for the tort claim but not the contract claim and thus dismisses the breach of warranty claim. The case goes to trial on the strict liability claim. After Andy presents his evidence, the trial judge grants a directed verdict for Ray Motors on the ground that Andy has not presented sufficient evidence that the snowmobile was defective. Judgment for Ray Motors is entered. Later, Andy sues Ray Motors again, for the same injuries. This time, he bases his claim in this action solely on a negligence theory. Andy's second action:
A. will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision "on the merits."
B. will be barred because the negligence claim could have been brought in the first action but was omitted.
C. will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.
D. will not be barred since his claim in the second action is not the same claim as his claim in the first.
Question 26 of 30 2.5 Points
John Doe files a complaint against Joe Smith for breach of contract in California. Smith files a motion to dismiss for lack of personal jurisdiction, since Smith lives in Arizona and the contract was entered and performed in Arizona. The judge grants Smith's motion to dismiss. Doe then files a second lawsuit in Arizona against Smith for the same breach of contract claim. The doctrine of res judicata does not bar Doe from filing the second lawsuit.
Question 27 of 30 2.5 Points
John Doe sues Joe Smith for trespassing on his property on Feb. 26, 2008. Smith argues he had an easement allowing him on Doe's property. The court finds in favor of Smith. Doe then sues Jane Johnson for also trespassing on his property on a separate occasion but also on Feb. 26, 2008. Does Res Judicata bar Doe from suing Jane Johnson in a second action?