Exam (elaborations)
LEB 320F Unit 1-5 Exam Questions and Answers 2024
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LEB 320F Unit 1-5 Exam Questions and Answers
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LEB 320F Unit 1-5 Exam Questions and AnswersTrue or False: Every state has a separate Federal Court Circuit - Answer -False. There are only 13 Federal Circuit Courts
True or False: Individuals are generally not required by law to help a third party when they request aid. - Answer -True. Although there are many exceptions, a third party generally has no legal obligation to assist a third party.
True of False: Because a corporation is not an individual, a corporation does not have to be served prior to a suit. - Answer -Corporations generally appoint and register an agent to be served and some jurisdictions will consider service valid if any officer of the corporation is properly served.
The correct answer is: False
True of False: As long as the court has proper personal jurisdiction and subject matter jurisdiction, the case can properly be tried there. - Answer -Venue must be properly laid and the court cannot violate the doctrine of forum non conveniens, or any equivalent doctrine or statute, in order for the case to properly tried in a given forum.
The correct answer is: False
True or False: Personal jurisdiction over certain cases, such as bankruptcy cases, can be established simply by having property relevant to the suit within the jurisdiction of the
court. - Answer -In Rem jurisdiction, which can be established by having property within the jurisdiction of the court, can satisfy jurisdictional requirements for a case.
The correct answer is: True
True or False: A jury is, in most civil cases, considered to be a "judge of facts" while the judge is only the "judge of the law". - Answer -The judge's job in many civil proceedings is to make sure the jury applies the correct standards in deciding the case and that the attorneys follow the proper procedures during the trial.
The correct answer is: True
True or False: Appeals from specialized federal courts, such as bankruptcy courts always go to the Federal Court of Appeals. - Answer -Some appeals from specialized federal courts go to federal district courts for their appeals, while others go to Circuit Courts.
The correct answer is: False
True or False: When an equitable claim and a legal claim are tried together, both claims
are determined purely by the judge. - Answer -When an equitable and a legal claim are tried together, the jury makes the determination regarding the legal claim.
The correct answer is: False
True or False: Johnny, a citizen of Texas, and Ash, a citizen of Texas, sue AJ, a citizen of Alabama, and Jeff, a citizen of Florida, for $100,000 from a claim arising from state law. This case can be brought in federal court. - Answer -Diversity of Citizenship allows for a case to brought in Federal Court when there is diversity of residency between parties and the claim is for at least $75,000. The residency requirement only applies when opposing parties are from the same jurisdiction.
The correct answer is: True
True or False: Casey, while working for the corporation B12, injures David. This injury is
the result of Casey acting outside his scope of employment. Regardless, B12 can be held liable for Casey's actions. - Answer -An employer generally can be held liable for the actions of an employee if the actions of the employee was within the scope of employment.
The correct answer is: False
True or False: An effective manager of a corporation should not attempt to alter political situations. - Answer -An effective manager will attempt to alter political situations and regulations to aid their company.
The correct answer is: False
True or False: Johnny, a citizen of Texas, and Teddy, a citizen of Kentucky, sue Ash, a citizen of Texas, and Aaron, a citizen of Georgia for $125,000 from a claim arising from state law. This suit can be brought in Federal Court. - Answer -Because Johnny and Ash are both from Texas, the requirements for diversity jurisdiction are not met. Diversity Jurisdiction requires the claim be worth at least $75000 and that no defendant have the same state of residency as any of the plaintiffs.
The correct answer is: False
True or False: Johnny, a citizen of Texas, sues USC, a corporation incorporated in California with a principle place of business in Texas, for $2.5 million on a claim arising from state law. This suit can be brought in Federal Court. - Answer -Corporations are considered to be citizens of both the state in which they are incorporated in and where their principle place of business is. Because USC's principle place of business is in Texas and Johnny is a citizen of Texas, diversity jurisdiction cannot be established.
The correct answer is: False
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