12 May WHICH OF THE FOLLOWING IS TRUE REGARDING AGE AND CITIZENSHIP REQUIREMENTS OF FEDERAL JUDGES?
Question 1Which of the following is true regarding age and citizenship requirements of federal judges?There are no age requirements nor is there any requirement that a federal judge be a naturally born citizen.There are no age requirements but there is a requirement that a federal judge be a naturally born citizen.A federal judge must be at least 45, but there is no requirement that a federal judge be a naturally born citizen.A federal judge must be at least 45 and also a natural born citizen.5 points Question 2For diversity purposes, a corporation is deemed a citizen ofthe state of incorporation.the state of its principal place of business.either the state of incorporation or the state of its principal place of business, but not both.both the state of incorporation and the state of its principal place of business.5 points Question 3A motion for summary judgment will be granted where there is no triable issue offactlawevidencefact, law, or evidence5 points Question 4The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days.SubpoenaSummonsComplaintSuggestion5 points Question 5The ______ Amendment to the U.S. Constitution generally protects a state (or an agency thereof) from being sued without its consent in a federal court.SecondEleventhFifteenthTwenty-first5 points Question 6A lawsuit may be resolved before trial by the judge granting a[n]judgment notwithstanding the verdictinterlocutory judgmentmotion to dismissrequest for production of documents5 points Question 7In 2002 the European Union adopted the _____________ to standardize the rules for determining where suits involving e-commerce may be brought.Brussels ConventionsEuropean E-commerce RulesEuropean Commerce StandardsFrench Conventions5 points Question 8Assuming that more than one forum has jurisdiction over a lawsuit, the doctrine of ____________ involves a determination of which forum is more appropriate.Jurisdiction non conveniensConvenient state proceedingForum non conveniensSubject matter jurisdiction5 points Question 9An affirmative defense ________ that the defendant has acted in a certain way but claims that the defendant’s conduct was not the legal cause of harm to the plaintiff.admitsdeniesneither admits nor deniesmay either admit or deny5 points Question 10Robert had a dispute with his neighbor regarding the location of the property line. Robert’s attorney suggests to Robert that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict. Which of the following is the appropriate term for that type of procedure?Summary jury trialNonbinding jury trialPrivate jury trialProcedural jury trial5 points Question 11The ______________ control the civil trial practices in all of the U.S. district courts.Federal Rules of Civil ProcedureUniversal Rules of Civil ProcedureNational Rules of Civil Court ConductCommon Rules of Civil Procedure5 points Question 12The two coexisting judicial systems are a result of the ______ created by the U.S. Constitution, which gives certain powers to the federal government while reserving other powers to the states.standingdiversitydualityfederalism5 points Question 13Which of the following is true regarding citizenship of an individual for purposes of diversity jurisdiction in federal court?An individual is a citizen of the state where that person has his or her legal residence or domicile, and there is no limit to the number of states in which an individual may be a citizen so long as the individual has a house in every state in which citizenship is claimed.An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen of only one state.An individual is a citizen of the state where that person has his or her legal residence or domicile, and an individual may be a citizen in a maximum of two states.An individual is considered a citizen of the state in which a lawsuit is brought because the individual becomes subject to that state’s laws.5 points Question 14What is the inscription on the front of the U.S. Supreme Court building in Washington, D.C.?Live free or dieEqual justice under the lawDue Process for allEqual protection for all5 points Question 15A ________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party’s favordirected verdictsummary judgmentjudgment n.o.v.judgment on the pleadings5 points Question 16The party appealing a case is referred to as which of the following?PlaintiffRespondentAppelleeAppellant5 points Question 17A judge will grant a motion to dismiss the complaint on all but the following grounds:The plaintiff has failed to state a claim on which relief can be granted.The court lacks jurisdiction over the subject matter or the parties involved.The plaintiff has failed to offer the defendant an offer of settlement.The plaintiff has failed to properly serve the complaint on the defendant.5 points Question 18Diversity jurisdiction exists whena lawsuit is between citizens of different states.the amount in controversy, exclusive of interest and all costs, exceeds $75,000.either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest and all costs, exceeds $75,000.both that a lawsuit is between citizens of different states and that the amount in controversy, exclusive of interest and all costs, exceeds $75,000.5 points Question 19Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce’s residence and the appliance store, however, were withintwenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience witha refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan’s house which was worth $200,000. Susan obtained proof that the refrigeratorhad actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new withoutrepairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court andalso on the basis that he was not subject to jurisdiction in Virginia. Which of the following is the most likely result in regard to Bruce’s claim that he was not subject to jurisdiction in a court located in Virginia?Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store located there.Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not a dispute involving two business entities.Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and federal courts have jurisdiction over citizens from any surrounding state.Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such that maintenance of the suit would not offend traditional notions of fair play and substantial justice.5 points Question 20Which of the following are rules that prescribe which state’s law should be applied to a particular kind of case?Conflict-of-dispute rulesConflict-of-law rulesLitigant rulesForum-shopping rules5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points
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