PROC 124 Lecture Notes - Lecture 16: Paroi, Macmillan Bloedel, Director Of The Federal Bureau Of Investigation

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24 Jan 2018

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Answer to respond to what defendant said in nccp, we"ve abandoned this (part of a broader trend in qc to limit amount of paper lawyers file in pre-trial phase) Identification of court (subject-matter wise) in which case is filled. Once the cause of action is identified, you think about the relevant rules those rules will identify an evidentiary in terms of material facts. These will be the main facts you address when you put together the contents of the statement of claim. If you were also seeking punitive damages, you"d have to prove the intentional nature of the conduct and egregious fault committed: you"re allowed to assert facts that are material or relevant. In civil cases, judges aren"t allowed to grant more than what was requested: otherwise the judge would be acting ultra petita. Judge would be breaching his duty of impartiality & neutrality. Some examples: summons and defendant"s answer thereto (art.

Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

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REVIEW QUESTIONS â Chapter 5

1. In federal courts, discovery requests may be directed to ____________.

a. Only parties to the lawsuit.

b. Only parties joined to the lawsuit, as approved by the court.

c. Parties and nonparties to the lawsuit.

d. None of the above.

2. Which of the following is not one of the four major types of discovery tools?

a. Requests for admissions.

b. Interrogatories.

c. Depositions.

d. All of the above are major types of discovery tools.

3. Which of the following statements is true regarding witness lists?

a. Their production does not require a discovery request.

b. Their production requires a subpoena.

c. Their production requires court approval.

d. None of the above.

4. Which of the following may not be commanded by a subpoena?

a. Testimony.

b. The production of documents.

c. Seizing of documents.

d. All of the above may be commanded by a subpoena.

5. High Quality Products Inc. files a suit against National Software Corporation. Mike is a witness for High Quality. Jim is a witness for National Software. High Quality may direct interrogatories to ____________.

a. National Software only.

b. Jim only.

c. National Software or Jim only.

d. National Software, Jim, or Mike.

e. None of the above.

6. In Ronâs suit against Second National Bank, the discovery phase would include all of the following except ____________.

a. Ronâs complaint.

b. Ronâs deposition.

c. Ronâs request for Second Nationalâs admissions.

d. Second Nationalâs replies to Ronâs interrogatories.

e. None of the above.

7. Home Appliances Inc. files suit against H.H. Jones Corporation over a contract between them. Before the trial starts, what can H.H. Jones obtain from Home Appliances?

a. Access to related documents in Homeâs possession.

b. Accurate information about Homeâs trade secrets.

c. An admission of truth of matters unrelated to the contract.

d. All of the above.

e. None of the above.

8. Abusive tactics are fostered by the court system because ____________.

a. Attorneys know that lawyers are given only one opportunity to comply with discovery requests.

b. Lawyers have an incentive to increase discovery costs as they can bill their clients for more hours worked.

c. No penalties exist whatsoever for using abusive tactics.

d. None of the above.

9. The FRCP allows each party up to 10 depositions ____________.

a. To be taken however the party sees fit.

b. To be computed discretely allowing for the fact that a witnessâs deposition may be taken more than once.

c. To be calculated cumulatively for plaintiffs, defendants, and third-party defendants.

d. As long as they are taken in a one-year time span.

e. None of the above.

10. If a party refuses to answer an interrogatory, the opposing party may file a motion to compel an answer. A motion to compel an answer ____________.

a. Will be granted if the moving party shows the answer is necessary to prepare for trial.

b. May be denied if the question asked is subject to a timely and valid objection.

c. May be denied if the question asked is an invasion of privacy of the other party.

d. Will be granted if the opposing party does not file a motion to refuse to respond.

e. None of the above.

11. Tom worked for a messenger service owned by Dalton. While Tom was driving a Dalton-owned vehicle on business in Miami, he hit and injured Pedro, a pedestrian who resides in Alabama. Pedro brought a diversity action against Dalton in federal court in Florida on a theory of respondeat superior (principal-agent). Personal service was properly made, pursuant to FRCP 4(e)(2), on Dalton, a Florida resident. Dalton now wishes to implead Tom as a third-party defendant (if Dalton is held liable to Pedro, Dalton will be entitled to indemnity from Tom). Tom is a resident of Puerto Rico and lives in San Juan, a two-hour flight from Miami. Dalton caused a licensed process server to serve Tom personally at Tomâs home in San Juan. Assume that Florida has no longarm statute allowing state-court jurisdiction over any defendant who cannot be physically found with Florida. Does the Florida federal court have personal jurisdiction over Daltonâs third-party claim against Tom?

a. Yes, because Tom was a third-party defendant who was served within 100 miles of the federal courthouse.

b. No, because there is no Florida long-arm statute that would authorize state-court jurisdiction over Tom.

c. Yes, because service was properly made on Dalton within Florida, the state or district where the federal suit is pending.

d. Yes, because Pedro, Dalton, and Tom are all citizens of different states or districts.

e. None of the above

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PROC 124 Lecture Notes - Lecture 16: Paroi, Macmillan Bloedel, Director Of The Federal Bureau Of Investigation

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