Question 1

What functions do appellate courts serve?

Accepted Answer

Appellate courts supervise the lower cou...

Question 2

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

Accepted Answer

A) True 
 B)False

Question 3

SHORT ANSWER
-A cross-claim has the effect of establishing between defendants.

Accepted Answer

The answer of SHORT ANSWER
-A cross-claim has the effect of...

Question 4

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Accepted Answer

A) True 
 B)False  False

Question 5

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim.
212

Accepted Answer

A) True 
 B)False

Question 6

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Accepted Answer

A) True 
 B)False

Question 7

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

Accepted Answer

A)   the damages, the cause of action, and the geographical territory.
B)   the parties, the geographical territory, and the subject matter.
C)   the geographical territory, the cause of action, and the remedy.
D)   the cause of action, the subject matter, and the parties.

Question 8

What essential factors must the plaintiff show in any civil action to recover money damages?

Accepted Answer

That the defendant owed the plaintiff a ...

Question 9

Courts do not have the power to do which of the following?

Accepted Answer

A)   Require witnesses to appear in court to testify and produce tangible evidence in their possession through its subpoena power.
B)   Compel parties to comply with court orders and procedures through the imposition of sanctions and penalties.
C)   Enforce court orders against persons who are not parties to a pending action.
D)   Litigate controversies between individuals, corporations, governmental agencies, states, the Federal government, and other legal entities.

Question 10

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

Accepted Answer

A) True 
 B)False

Question 11

How does an "action" differ from a "cause of action"?

Accepted Answer

"Action" is merely another word for laws...

Question 12

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

Accepted Answer

The plaintiff submit...

Question 13

SHORT ANSWER
-If a court fails to obtain jurisdiction over a party, the court's judgment is
.

Accepted Answer

The answer of SHORT ANSWER
-If a court fails to obtain...

Question 14

Why do courts have a rule against splitting a cause of action?

Accepted Answer

A party is forced to bring in one lawsui...

Question 15

DEFINE
-counterclaim

Accepted Answer

A counterclaim is the defendant's claim against the plaintiff for a loss the defendant sustained in the same transaction or occurrence. The name of the pleading that the defendant uses to assert such a claim.

Question 16

SHORT ANSWER
-A court's jurisdiction comes from .

Accepted Answer

The govern...

Question 17

DEFINE
-proximate cause

Accepted Answer

Proximate cause is a cause that has a direct and substantial part in bringing about an occurrence, injury, loss, or harm for which a party seeks a remedy in court. An act or omission that is deemed sufficiently responsible for an injury or loss to impose legal responsibility for the harm. A proximate cause is a cause recognized in law as creating legal responsibility. (Any one of these answers or a similar response would show that the student understands the concept.)

Question 18

DEFINE
-common law

Accepted Answer

Common law is the basis for a legal syst...

Question 19

DEFINE
-subpoena

Accepted Answer

Subpoena means under penalty of law. A s...

Question 20

SHORT ANSWER
-If a court discovers that it lacks jurisdiction in a case, the case must be
.

Accepted Answer

The answer of SHORT ANSWER
-If a court discovers that it...

Exam 1: Litigation Principles

What functions do appellate courts serve?

Correct Answer
verified
Appellate courts supervise the lower cou...
View Answer

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

Correct Answer
verified

SHORT ANSWER -A cross-claim has the effect of establishing between defendants.

Correct Answer
verified

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Correct Answer
verified
False

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim. 212

Correct Answer
verified

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Correct Answer
verified

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

Correct Answer
verified

What essential factors must the plaintiff show in any civil action to recover money damages?

Correct Answer
verified
That the defendant owed the plaintiff a ...
View Answer

Courts do not have the power to do which of the following?

Correct Answer
verified

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

Correct Answer
verified

How does an "action" differ from a "cause of action"?

Correct Answer
verified
"Action" is merely another word for laws...
View Answer

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

Correct Answer
verified
The plaintiff submit...
View Answer

SHORT ANSWER -If a court fails to obtain jurisdiction over a party, the court's judgment is .

Correct Answer
verified

Why do courts have a rule against splitting a cause of action?

Correct Answer
verified
A party is forced to bring in one lawsui...
View Answer

DEFINE -counterclaim

Correct Answer
verified
A counterclaim is the defendant's claim against the plaintiff for a loss the defendant sustained in the same transaction or occurrence. The name of the pleading that the defendant uses to assert such a claim.

SHORT ANSWER -A court's jurisdiction comes from .

Correct Answer
verified
The govern...
View Answer

DEFINE -proximate cause

DEFINE -common law

Correct Answer
verified
Common law is the basis for a legal syst...
View Answer

DEFINE -subpoena

Correct Answer
verified
Subpoena means under penalty of law. A s...
View Answer

SHORT ANSWER -If a court discovers that it lacks jurisdiction in a case, the case must be .

Correct Answer
verified

Exam 1: Litigation Principles

What functions do appellate courts serve?

Correct AnswerverifiedAppellate courts supervise the lower cou...View AnswerShow Answer

Lower courts may not ignore the rule of stare decisis even if they find the result to be terribly unfair to the injured party.

Correct AnswerverifiedShow Answer

SHORT ANSWER -A cross-claim has the effect of establishing between defendants.

Correct AnswerverifiedShow Answer

If a plaintiff inadvertently omits a claim of, for example, negligence from a complaint (and the action is tried to a conclusion), the plaintiff may file another suit so that he or she can rightfully assert that claim.

Correct AnswerverifiedFalse

To make sure that defendants do not escape responsibility for injury caused to others, courts allow plaintiffs to sue the defendant in two or more courts on the same claim. 212

Correct AnswerverifiedShow Answer

Since criminal penalties seem to be inadequate to deter crime, civil litigation is now principally concerned with penalizing the wrongdoer.

Correct AnswerverifiedShow Answer

A court cannot enter a binding judgment against the parties unless it has juris- diction in three areas:

Correct AnswerverifiedShow Answer

What essential factors must the plaintiff show in any civil action to recover money damages?

Correct AnswerverifiedThat the defendant owed the plaintiff a ...View AnswerShow Answer

Courts do not have the power to do which of the following?

Correct AnswerverifiedShow Answer

Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.

Correct AnswerverifiedShow Answer

How does an "action" differ from a "cause of action"?

Correct Answerverified"Action" is merely another word for laws...View AnswerShow Answer

How does a court obtain personal jurisdiction over the plaintiff in a civil lawsuit?

Correct AnswerverifiedThe plaintiff submit...View AnswerShow Answer

SHORT ANSWER -If a court fails to obtain jurisdiction over a party, the court's judgment is .

Correct AnswerverifiedShow Answer

Why do courts have a rule against splitting a cause of action?

Correct AnswerverifiedA party is forced to bring in one lawsui...View AnswerShow Answer

DEFINE -counterclaim

Correct AnswerverifiedA counterclaim is the defendant's claim against the plaintiff for a loss the defendant sustained in the same transaction or occurrence. The name of the pleading that the defendant uses to assert such a claim.

SHORT ANSWER -A court's jurisdiction comes from .

Correct AnswerverifiedThe govern...View AnswerShow Answer

DEFINE -proximate cause

DEFINE -common law

Correct AnswerverifiedCommon law is the basis for a legal syst...View AnswerShow Answer

DEFINE -subpoena

Correct AnswerverifiedSubpoena means under penalty of law. A s...View AnswerShow Answer

SHORT ANSWER -If a court discovers that it lacks jurisdiction in a case, the case must be .

Correct AnswerverifiedShow Answer

Correct Answer
verified
Appellate courts supervise the lower cou...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
That the defendant owed the plaintiff a ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
"Action" is merely another word for laws...
View Answer

Correct Answer
verified
The plaintiff submit...
View Answer

Correct Answer
verified

Correct Answer
verified
A party is forced to bring in one lawsui...
View Answer

Correct Answer
verified
A counterclaim is the defendant's claim against the plaintiff for a loss the defendant sustained in the same transaction or occurrence. The name of the pleading that the defendant uses to assert such a claim.

Correct Answer
verified
The govern...
View Answer

Correct Answer
verified
Common law is the basis for a legal syst...
View Answer

Correct Answer
verified
Subpoena means under penalty of law. A s...
View Answer

Correct Answer
verified