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What advice should Alex give to Greg regarding an appeal filed in federal court?


A) He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg for an hourly rate of $400.
B) He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she was negligent.
C) He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person.
D) He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to certify the case to federal court.
E) He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be to federal court.

F) C) and E)
G) All of the above

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Which of the following is a court's power to hear certain kinds of cases?


A) Subject-matter jurisdiction
B) In kind jurisdiction
C) In personam jurisdiction
D) In loco jurisdiction
E) In area jurisdiction

F) C) and E)
G) A) and D)

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Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

A) True
B) False

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Paul lives in Florida but owns property in Tennessee for which he has not paid property tax in several years.Assuming the state meets procedural requirements,which of the following is true?


A) The court can exert in personam jurisdiction over the property itself and sell it to satisfy the tax debt.
B) The court can exert in rem jurisdiction over the property and sell it to satisfy the tax debt.
C) The court can exert both in personam jurisdiction and in rem jurisdiction over Paul but must wait until his return to the state in order to sell the property to satisfy the tax debt.
D) The court can exert both in personam jurisdiction and in rem jurisdiction over the property itself and may take control of the property, but the court must wait until Paul's return to the state in order to sell the property to satisfy the tax debt.
E) The court has no right to sell the property to satisfy the tax debt because no jurisdiction is present.

F) C) and E)
G) B) and C)

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In rem jurisdiction references jurisdiction over a person.

A) True
B) False

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Yolanda found a better job and quit Robert's employment.Yolanda,however,wants to sue Robert because she believes that he may have terminated her employment in the future based on age discrimination.At this point,which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked?


A) That Yolanda lacks standing.
B) That the court lacks in personam jurisdiction.
C) That the state's long-arm statute does not apply.
D) That a default judgment is appropriate.
E) That the case is moot.

F) All of the above
G) A) and B)

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Ann,a Massachusetts resident,breached a contract entered into in Florida with Bruce.Bruce successfully obtains a judgment against Ann for $150,000 in a Florida state court.Ann lives in a nice apartment in Massachusetts,and her only substantial asset is a vacation beach house in North Carolina.Which of the following is true regarding Bruce's ability to obtain funds from a sale of the beach house?


A) Bruce is only entitled to obtain funds from property located in Florida, the location of the lawsuit, and cannot benefit from the property in North Carolina.
B) Bruce is only entitled to obtain funds from property located in Florida, the location of the lawsuit, or from Massachusetts, Ann's domicile, and cannot benefit from the property in North Carolina.
C) Bruce will be able to sell the beach house in North Carolina through attachment jurisdiction, and he is entitled to keep any funds obtained in excess of amounts owed.
D) Bruce will be able to sell the beach house in North Carolina through attachment jurisdiction, but he must return to Ann any funds obtained in excess of amounts owed.
E) Under federal law, Bruce will only be able to sell the beach house through attachment jurisdiction if after two years Ann has failed to satisfy the judgment, and any sums received in excess of amounts owed to Bruce go the Federal Housing Administration.

F) B) and D)
G) C) and E)

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The plaintiff must provide the defendant in a lawsuit with a copy of the complaint.That process is called ______.


A) Summons issuance
B) Service of process
C) Service delivery
D) Subpoena delivery
E) In personam service

F) A) and B)
G) None of the above

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The defendant responds to a complaint with an answer.

A) True
B) False

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The word "jurisdiction" comes from the Latin terms juris,meaning "law," and diction,meaning "to speak."

A) True
B) False

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The statements made to the jury by the lawyers immediately after the jury was chosen are referred to as ______.


A) Direct statements
B) Closing selection statements
C) Jury statements
D) Influential statements
E) Opening statements

F) A) and B)
G) A) and C)

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Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

A) True
B) False

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In choosing the jury,the lawyers were engaged in ______.


A) Voir dire
B) Jury analysis
C) Jury review
D) Ven dere
E) Shadowing

F) C) and D)
G) A) and E)

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Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

A) True
B) False

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Which of the following is true regarding state and federal court jurisdiction?


A) State courts begin with exclusive jurisdiction until a federal court intervenes.
B) In all cases, state courts have concurrent jurisdiction with the federal courts.
C) Federal courts begin with exclusive jurisdiction until a state court intervenes.
D) In all cases, state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state.
E) In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

F) A) and E)
G) D) and E)

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What standard of proof would the trial judge have applied when ruling on the case?


A) A preponderance of the evidence standard
B) A standard of proof beyond a reasonable doubt
C) A standard of proof by a margin
D) A standard of certainty in proof
E) A standard of proof beyond a reasonable question

F) A) and E)
G) A) and D)

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Alice,a resident of Michigan,claims that Pet Food Company Inc.,put out some dog food that made her dog,Champ,sick.Champ is a prize winning poodle.He survived the pet food fiasco but only after traveling to a veterinarian in Florida specializing in poodles and having two very expensive surgeries.Additionally,his ability to sire has been impaired,and Alice will have no more breeding fees from Champ.Her damages are $80,000.Pet Food Company Inc.,is incorporated in Delaware,with its principal place of business in Michigan.Alice asks you whether she can sue in federal court.What would you tell her and why?

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Alice cannot sue in federal co...

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A person who has the legal right to bring an action in court has standing.

A) True
B) False

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Which of the following do appellate courts primarily handle?


A) Questions of law
B) Questions of fact
C) Questions of law and fact
D) Cases when they initially enter the legal system
E) Questions of law and fact, and also cases when they initially enter the legal system

F) All of the above
G) B) and C)

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If an appellate judge agrees with the majority's decision,but for different reasons,the judge may write a "concurring" opinion.

A) True
B) False

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