Business Law Chapter 3 1 doctor sally was sued for malpractice based on allegedly removing 

subject Type Homework Help
subject Pages 14
subject Words 1161
subject Authors Carrie Williamson, Daniel Herron, Linda Barkacs, Lucien Dhooge, M. Neil Browne, Nancy Kubasek

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page-pf1
1.
(p. 39)
Juries decide questions of law.
2.
(p. 51)
Usually the issue of ripeness arises when one party claims that a case is moot.
page-pf2
3.
(p. 39)
The word "jurisdiction" comes from the Latin terms
juris
, meaning "law," and
diction
,
meaning "to speak."
4.
(p. 41)
In rem
jurisdiction references jurisdiction over a person.
page-pf3
5.
(p. 42)
Under federal statutory law, Internet transactions cannot be the basis for a finding of
in
personam
jurisdiction.
6.
(p. 42)
Subject-matter jurisdiction is a court's power to hear certain kinds of cases.
page-pf4
7.
(p. 43)
State courts have the power to hear all cases not within the exclusive jurisdiction of the
federal court system.
8.
(p. 43)
Concurrent federal jurisdiction means that both state and federal courts have jurisdiction
over a case.
page-pf5
9.
(p. 46)
Once a case is in the proper court system, venue determines which trial court in the
system will hear the case.
10.
(p. 47)
In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction.
page-pf6
11.
(p. 51)
A person who has the legal right to bring an action in court has standing.
12.
(p. 50)
Intermediate courts of appeal in the state court system exist in all states.
page-pf7
13.
(p. 51)
Under our system of justice, courts may issue advisory opinions.
14.
(p. 53)
The defendant responds to a complaint with an answer.
page-pf8
15.
(p. 53)
Because of its complicated nature, any complaint should be at least three pages long.
16.
(p. 54)
A defendant who believes that he or she has a claim against the plaintiff would include a
counterclaim with the answer.
page-pf9
17.
(p. 55)
A reply is an answer to a counterclaim.
18.
(p. 57)
A party only has a limited number of challenges for cause in jury selection.
page-pfa
19.
(p. 57)
Peremptory challenges in jury selection may not be racially based.
20.
(p. 60)
In most civil cases, a plaintiff must prove her case beyond a reasonable doubt.
page-pfb
21.
(p. 61)
Only one party may appeal from a final judgment.
22.
(p. 61)
If an appellate judge agrees with the majority's decision, but for different reasons, the
judge may write a "concurring" opinion.
page-pfc
23.
(p. 62)
On average, the U.S. Supreme Court hears 300 cases a year.
page-pfd
24.
(p. 44-45)
Mike, a resident of Georgia, sues Company A in state court in Georgia for
negligence alleging personal injury and property damage of $100,000 after a truck driven by an
employee of Company A strikes his pick-up truck in the rear. Company A is incorporated in
Delaware, has its headquarters in New York, but does a substantial amount of business in
Georgia. Company A seeks removal to federal district court, but Mike opposes the motion. Which
of the following is true regarding whether the case may be properly removed to federal district
court?
page-pfe
25.
(p. 46)
In what state is XYZ Bank, a federally chartered bank, considered a citizen?
page-pff
26.
(p. 58)
Which of the following is true regarding the use of peremptory challenges based on
gender?
page-pf10
27.
(p. 41-42)
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?
page-pf11
28.
(p. 55)
Doctor Sally was sued for malpractice based on allegedly removing the wrong body part.
Following discovery, it becomes clear that the plaintiff has no credible evidence against Doctor
Sally and that no reasonable jury could rule in the plaintiff's favor. How should Sally's lawyer
proceed?
page-pf12
29.
(p. 39)
Which of the following do appellate courts primarily handle?
30.
(p. 39)
Which of the following is a question of fact?
page-pf13
31.
(p. 41)
Laws which enable the court to serve a defendant outside the state as long as the
defendant has sufficient minimum contacts within the state and it seems fair to assert
jurisdiction are called ______.
page-pf14
32.
(p. 41)
Which of the following is the same as attachment jurisdiction?

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