LSTD207 Midterm

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The subject matter jurisdiction of federal courts is much more limited than that of state courts. True
False

Question 2 of 28 Jones hires Mitchell, a lawyer, in Oregon to sue Johnson for breach of contract. He agreed to pay Mitchell $300 for his services. Mitchell did the work, but Jones left the state for California and did not pay Mitchell’s fee. Mitchell sues Jones for his fee in an Oregon state court, and has Jones served with process in Oregon while Jones was visiting there on unrelated business. Jones promptly departed once more for California and has not returned to the state since. Under personal jurisdiction, the Oregon court:

A.has personal jurisdiction over Jones B.does not have personal jurisdiction over Jones because he was served while he was there for a purpose unrelated to the fees claim. C.does not have personal jurisdiction over Jones because he is no longer physically present in the state.

Question 3 of 28 The minimum contacts test does not apply to corporate defendants. True
False

Question 4 of 28 Pam was born and grew up in Pennsylvania. She went away to college in Massachusetts (her parents paid her tuition), but she always returned home to work in the summers. During her senior year, her parents moved to Virginia, and she lived there between college and law school. She is now a law student in Texas. She really likes it there and has decided to take the Texas bar exam and look for a job there after graduation. Where is Pam domiciled? A.Pennsylvania. This is her domicile of origin and she keeps it until she is no longer a student. B.Massachusetts. She changed her domicile when she went to live there to attend college. C.Virginia. Her domicile changed when her parents moved there and she went to join them
Correct
D.Texas. By being present there and having the intention to stay indefinitely, she has made that her domicile. Question 5 of 28 What Constitutional requirement does personal jurisdiction statutes have to meet?

Question 6 of 28 What two kinds of federal subject matter jurisdiction were specifically enacted by Congress to be heard in federal courts? Question 7 of 28 State courts can hear cases that fall under federal subject matter jurisdiction: A.When the state court has personal jurisdiction B.When Congress has not given federal courts exclusive jurisdiction C.When a plaintiff brings the suit in state court instead of federal D.When the federal court does not have personal jurisdiction Question 8 of 28 What Supreme Court case established that for a plaintiff to sue in federal court under the statutory test for arising-under jurisdiction, he or she must assert a claim that arises under federal law?

Question 9 of 28 Placing clauses in a contract when the parties agree to the personal jurisdiction of a court where one of the parties resides is unenforceable in a court of law. True
False

Question 10 of 28 The U.S. Supreme Court can decide to hear a case that involves only a question of state law. True
False

Question 11 of 28 Engle sues Consolidated in federal court for breach of contract, for firing her in the first year of a five year contract. Consolidated answers the complaint arguing that Engle had to be fired because she did not comply with federal statutory accounting requirements for government contractors. This case can remain in federal court because Consolidated has raised a defense that arises under federal law. True
False

Question 12 of 28 Cartwright is a carpenter who lives in Vermont and works out of his home there. In addition to his Vermont customers, he has some customers across the border in New York, and some in Massachusetts. Last year, he built a garage for a New York customer and put an addition in another New Yorker's house. This was about 5% of his construction business for the year, which is about the average for his New York business each year. While driving to a job in Massachusetts, Cartwright has an accident, in Massachusetts, with Morales, who is from New York. Morales brings suit against Cartwright for his injuries in a New York state court. A.Cartwright is subject to personal jurisdiction in New York for this claim because he has minimum contacts in New York. B.Cartwright is subject to personal jurisdiction in New York based on minimum contacts if New York has a long-arm statute that authorizes jurisdiction in tort cases.

C.Cartwright is not subject to personal jurisdiction in New York because the claim does not arise out of Cartwright's New York contacts. D.Cartwright is not subject to personal jurisdiction in New York because is work in New York is a small percentage of his yearly construction business. Question 13 of 28 Venue is considered a personal privilege of the defendant and may be waived. True
False

Question 14 of 28 Two Plaintiffs (one from England and one from California) sue in Federal Court two Defendants (one from California and one from New York). The case cannot be heard in Federal Court because no Plaintiff can have the same citizenship as a Defendant. True
False

Question 15 of 28 In filing a Complaint, the Plaintiff must plead: A. A demand for Judgment B. A statement for the basis of personal jurisdiction C. A statement for the basis of subject matter jurisdiction

D. A and C only Question 16 of 28 The standards for notice pleading is the same for all federal courts. True
False

Question 17 of 28 If a complaint is dismissed without prejudice by the court, the plaintiff may choose to refile by filing a new complaint.

True
False

Question 18 of 28 If a judge finds that a lawyer has violated Rule 11(b) by filing a frivolous claim, the judge may suspend the attorney's license to practice law. True
False

Question 19 of 28 In ruling on a motion for summary judgment, the judge only reviews the complaint and answer in deciding the motion. True
False

Question 20 of 28 A motion filed based on “failure to state a claim upon which relief can be granted” is called a Motion for Summary Judgment. True
False

Question 21 of 28 The discovery rules provide that parties may obtain discovery regarding:

A.any matter, not privileged, that is relevant to the claim or defense of any party, including relevant information that would be inadmissible but that appears reasonably calculated to lead to the discovery of admissible evidence. B.any matter, not privileged, that is relevant to the subject matter of the litigation. C.any matter, not privileged, that is relevant to the claim or defense of any party and is admissible in evidence. D.any matter, not privileged, that is relevant to the claim or defense of any party and for which discovering party can show good cause.

Question 22 of 28 An exception to the broad scope of permitted discovery which bars production of certain materials developed in anticipation of litigation is called ____ Question 23 of 28 Even if a particular piece of evidence is discoverable, a party may seek a protective order to prevent the other party from getting the evidence if such discovery would cause embarrassment or annoyance. True
False

Question 24 of 28 John Doe sues Dr. Smith for negligence in performing Doe's heart surgery. During discovery, Doe sends a request to depose Dr. Thompson who reviewed the evidence for Dr. Smith and has an expert opinion regarding whether Dr. Smith met the required standard of medical care in treating Doe. A.The opinion of Dr. Thompson is discoverable at any stage of the trial proceedings. B.The opinion of Dr. Thompson is not discoverable because he is an expert and such opinions are an exception to the discovery rules.

C.The opinion of Dr. Thompson will be discoverable if he intends to testify in court for Dr. Smith. D.A and C are correct. Question 25 of 28 An interrogatory may be served on a non-party to a lawsuit. True
False

Question 26 of 28 The work product privilege only applies to litigation materials prepared by attorneys involved in the case.

True
False