68.
(p. 55)
Which of the following are written questions that one party sends to another to answer
under oath?
69.
(p. 55)
At a[n] ______, attorneys examine a witness under oath with a court reporter present.
70.
(p. 56)
Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was
injured in the accident, would like to preserve his testimony for trial in case he dies before the
trial date. What should Pat do?
71.
(p. 57)
In choosing the jury, the lawyers were engaged in ______.
72.
(p. 57)
The challenge to the juror who said that they could not be fair is referred to as a[n]
________.
73.
(p. 58)
The challenge to the juror who seemed grumpy is referred to as a[n] _______.
74.
(p. 59)
The statements made to the jury by the lawyers immediately after the jury was chosen
are referred to as ______.
75.
(p. 59)
The questioning of Brenda by Linda’s lawyer is called ______, and the questioning of
Brenda by Sam’s lawyer is called ______.
76.
(p. 43)
Marilyn, a resident of Ohio, suffered personal injury while operating her tractor in Ohio.
She filed suit in state court against the manufacturer, Company A, incorporated in Delaware with
its principal place of business in Illinois, and also against the seller, Company B, incorporated in
Ohio with its principal place of business in Ohio. Marilyn and Company B informally agreed to
settle out of court, but the agreement was subject to the agreement of Company B’s insurer.
Before a final agreement was reached in regard to settlement with Company B, Company A filed
a motion in state court to remove the case to federal court. Although Marilyn opposed removal,
the state court granted Company A’s motion. After the case was removed to federal court,
Marilyn and Company B finalized their settlement agreement and Company B was dismissed
from the lawsuit. The federal district court proceeded to hear the case and ruled in favor of
Company A. Marilyn appealed on the basis that because diversity between the parties was
lacking, the federal district court had no jurisdiction over the case. She claims that the case
should be remanded to state court for a new trial. What should the appellate court rule regarding
whether the state trial court properly granted the petition for removal and what will be the likely
outcome on appeal?
77.
(p. 40)
Define the term “
in personam
” jurisdiction and discuss where corporations and
individuals are generally subject to that type of jurisdiction. Include in your answer a discussion
of long-arm jurisdiction.
78.
(p. 43)
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?
79.
(p. 52)
Discuss the items that should appear in a complaint.
80.
(p. 53)
Cindy ran her car over Hank in her company parking lot breaking his leg. That happened
because, without warning, Cindy’s car brakes failed. Hank sues Cindy. Cindy decides to do
nothing because she sees no way that she can win the lawsuit because she did indeed strike
Hank. Is she right? Why or why not? What would you suggest that she do in the civil litigation?
Why is it important that Cindy proceed correctly and immediately at this point in the litigation?
81.
(p. 55)
Cindy who was riding her new bicycle accidentally ran over jogger Bruce’s foot. He sues.
Cindy is suspicious that he is not hurt as badly as he claims. What would Cindy want to know for
trial, and how could she and her lawyer find out? Fully discuss your answer and methods by
which Cindy could obtain information.
