Q&A Hero

Q: The party to a case who files a civil action is called the _____. A. defendant B. appellee C. plaintiff D. appellant E. respondent

Q: When a defendant, upon being served, wants to sue a plaintiff, the defendant becomes a _____. A. plaintiff B. counterplaintiff C. counterdefendant D. appellant E. appellee

Q: When a defendant who has been served wants to sue a plaintiff, the plaintiff becomes a _____. A. defendant B. counterplaintiff C. counterdefendant D. appellant E. appellee

Q: The verdict is always the final decision of a case entered by a judge.

Q: In a federal court, the party who is dissatisfied with a jurys verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict.

Q: The party who receives the adverse judgment in a trial may file a motion for a new trial.

Q: The process of voir dire examination continues until all of the peremptory challenges are exhausted and a full jury panel is selected.

Q: A jury should treat anything said in an opening statement by an attorney as evidence when deciding the verdict of a trial.

Q: Following the closing arguments in a case, a judge acquaints a jury with the law applicable to the case.

Q: In civil cases, the clear and convincing proof standard is used more frequently.

Q: Evidence in the form of a sworn statement is called a summons.

Q: Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for filing frivolous papers.

Q: It is fairly common for both a plaintiff and defendant to attach a series of interrogatories to their respective pleadings.

Q: In jury selections, challenges for cause are also called peremptory challenges.

Q: If one of the potential jurors is the brother of a defendant, the only way for a plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

Q: Only a defendant can challenge or excuse a prospective juror for a specific cause or reason.

Q: In a deposition, a lawyer orally asks questions of the possible witness and an oral response is given.

Q: Discovery procedures are intended to be used by the parties to litigation strictly under a courts direct supervision.

Q: Discovery procedures lessen the burden on the judicial system.

Q: Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.

Q: A statute of limitations determines the maximum amount of money for which a plaintiff can sue.

Q: At the federal level, the Supreme Court encourages class-action suits.

Q: Class-action suits in federal courts are most likely to be settled on a classwide basis only if the settlements terms are fair and equitable and only if all of the class certification requirements for trial have been met.

Q: After receiving an answer that contains one or more counterclaims, a plaintiff files a reply that specifically admits or denies each allegation of a defendants counterclaims.

Q: The discovery process narrows the issues disputed by the parties involved in a lawsuit.

Q: Typically, the least expensive method of discovery is to present a series of written questions to the opposing parties.

Q: Long-arm statutes do not authorize out-of-state service of process in all cases.

Q: Standing to sue depends upon the merits of a plaintiffs contention that particular conduct is illegal.

Q: The only way for a court to obtain personal jurisdiction over a defendant is to have that person served with a summons.

Q: Personal jurisdiction over a defendant is obtained by a court when a plaintiff files a suit.

Q: Statutes that provide for the service of process beyond state boundaries are referred to as long-arm statutes.

Q: The U.S. Supreme Court grants the petition for a writ of certiorari and allows another review as a matter of right.

Q: The person against whom a criminal charge is filed by the prosecuting state is called the respondent.

Q: When a defendant wants to sue a plaintiff, the defendant files a counterclaim.

Q: Defendants usually bring in third-party defendants when there is someone who may have liability to a defendant if the defendant has liability to a plaintiff.

Q: Through the standing-to-sue requirements, courts are able to insist that there be an adversarial relationship between plaintiff and defendant.

Q: The presence of standing to sue is determined by the nature and source of a plaintiffs allegations.

Q: A courts jurisdiction can only be limited to subject matter, not to the amount in controversy.

Q: In a class-action suit, the claim of each plaintiff must be greater than the $75,000 jurisdictional amount.

Q: The special reviewing court, located in Washington, D.C., hears appeals from special courts such as the U.S. Claims Court and Contract Appeals as well as from administrative decisions such as those made by the Patent and Trademark Office.

Q: The Supreme Court is far more likely to review and reverse a decision rendered by the Fourth Circuit Court of Appeals.

Q: Final judgments or decrees rendered by the highest court of a state are reviewed by the federal district courts.

Q: The U.S. court system is an adversarial system.

Q: Private parties cannot represent themselves without a lawyer in U.S. courts.

Q: The attorney-client privilege cannot be extended to communications made to a lawyers employees under any circumstance.

Q: As a general rule, the law does not permit a lawyer to reveal confidential communications and testify against a client, even if called to do so at a trial.

Q: Probate courts deal with juvenile crime and dependent children.

Q: Several studies have found a discernible difference between results reached by a six-person jury and those reached by a 12-person jury.

Q: Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.

Q: Federal law does not specify the number of jurors required in cases that are brought to trial before a jury at common law.

Q: Juries are used in only a very small percentage of all cases in U.S. courts.

Q: Jurors normally give reasons for their decisions in U.S. courts.

Q: Briefly describe the most significant power of the U.S. courts.

Q: Provide insight into the general alignment of the current justices of the U.S. Supreme Court.

Q: What is the result of the passing of the Patient Protection and Affordable Care Act?

Q: The trial judge renders decisions that deal directly with people in conflict.

Q: In cases tried before a jury, the function of the jury is to decide questions of fact, but the judge still is responsible for deciding questions of law.

Q: All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.

Q: Briefly describe federal district courts.

Q: When is a petition for a writ of certiorari granted?

Q: Briefly explain the approach used by followers of judicial restraint toward litigation.

Q: How does the philosophy of activist judges both respond to and advance society?

Q: Why are those who believe in judicial restraint against constitutional issues decided by courts unless absolutely necessary?

Q: Why is the Supreme Court far more likely to review and reverse a decision rendered by the Ninth Circuit Court of Appeals?

Q: What issues can form a basis for a federal question case?

Q: Briefly discuss the application of diversity jurisdiction to business corporations.

Q: Briefly explain jurisdiction of courts.

Q: Briefly discuss why trial courts with general jurisdiction cannot attempt to resolve every dispute or controversy that may arise.

Q: Briefly describe what happens when the U.S. Supreme Court reviews petitions for a writ of certiorari.

Q: Beatrice owns a trucking company in Texas and is looking for a few new trucks to add to her fleet. She buys three trucks, each valued at $50,000, from Ted & Larry Trucks, Inc. However, when Beatrice receives the trucks, she finds that they are in a state of disrepair. When preparing for bringing a suit against Ted & Larry Trucks, Beatrice finds out that the partnership was created in Louisiana, where Larry lives, and Ted lives in Texas. Should Beatrice file her claim in a state or a federal court?

Q: What is one of the reasons Congress provides for diversity of citizenship jurisdiction, and how can this help a litigant?

Q: What is the extent of federal jurisdiction in matters of state court decisions?

Q: Explain the requirements of diversity of citizenship.

Q: Briefly describe the judicial power of the federal courts.

Q: Briefly describe the sources which govern the operations of state court systems.

Q: Briefly explain why trial by jury is important.

Q: Trial by jury is a constitutional right that presents difficult issues when complex and complicated issues and cases arise. What are some of these issues?

Q: Briefly discuss the requirement of unanimity in jury decisions.

Q: Briefly describe the functions of a lawyer and the capacities that he or she serves in the legal system.

Q: Why does attorney-client privilege exist?