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Exam 3: The Uslegal System and Alternative Dispute Resolution

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Question 21

True/False

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The defendant responds to a complaint with a document formally known as a reply.

A) True
B) False

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Question 22

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Once a case is in the proper court system,application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

A) True
B) False

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Question 23

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Revenge.Jane,a first-year law student,while walking to school in inclement weather,accidentally slipped on ice knocking down Greg,another first-year law student,breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.Greg also decided to sue Jane for negligence,claiming as damages $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Greg sued Jane in state court.Jane,in the same lawsuit,brought an action against Greg for letting the air out of her tire.At trial in state court,Jane told the judge that a friend,Susie,told her that she saw Greg let the air out of Jane's tire.The judge disallowed Jane's testimony on that issue.Susie,however,who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Jane.Greg said that he was not giving up and that he would seek double damages on appeal in federal court.Jane and Greg live in different states when not attending school.After trial,Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg.Greg goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.What advice should Alex give to Greg regarding an appeal filed in federal court?

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance,claiming that the neighbor plays music too late at night.Candy puts Ann on the stand and asks her questions.Candy is involved in which of the following?

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.

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?

In order to ensure that a case or controversy exists,the plaintiff must show:

A person who has the legal right to bring an action in court has what is known as a conditional privilege.

Over which of the following does the federal court system have exclusive jurisdiction?

Cindy and Chloe have a dispute regarding ownership of a dog,Rascal.Cindy removed Rascal's tags in order to give him a bath.Knowing what was coming,Rascal made a run for it and ended up at Chloe's home down the street.When Cindy saw Chloe walking Rascal,she demanded his return.Chloe refused.A lawyer in the neighborhood suggested either an early neutral case evaluation or mediation in an attempt to resolve the feud.Describe mediation and early neutral case evaluation.Which would you recommend and why?

Which of the following is an extension of negotiation?

The federal court system derives its power from the deferential consent of the executive branch of the United States government.

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.The challenge to the juror who seemed grumpy is referred to as a(n) :

A(n) ________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

The parties to a lawsuit can submit their cases to arbitration:

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

How is arbitration,a form of alternative dispute resolution,similar to and different from a court trial?

If mediation is not successful the parties must resort to litigation,and anything said during mediation can be used as evidence at trial.

Which of the following is a question of fact?

Which of the following is true regarding state intermediate courts of appeal in state court systems?