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bongaboi · 3 years

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Melbourne: 2021 AFL Premiers

AFTER 57 years, it came down to 15 minutes. They are surely the sweetest 15 minutes in Melbourne's long and proud history.

The Demons' decades of misery - the AFL's longest premiership drought - is over after Melbourne's stunning third quarter saw them overcome the Western Bulldogs in Saturday night's Toyota AFL Grand Final.

The 74-point thrashing secured Melbourne its 13th flag and first since 1964, with the premiership promiseland reached in style under lights at Optus Stadium in front of 61,118 fans.

And the Perth prize was captured in the most dramatic of circumstances, with the Demons trailing by 19 points midway through the third quarter before booting six goals in 15 minutes to turn their deficit into a 24-point lead at the final change.

It was a wild patch that came after the Dees hadn't kicked a goal for more than half an hour of game time, and it was led by midfield superstar Christian Petracca, who finished with 39 disposals, nine clearances and two brilliant goals. It was an iconic and dominant big-game performance from the midfielder who will now etch his name into Melbourne history as the first Demons Norm Smith medallist.

That Simon Goodwin's men marched on in the last quarter to finish comfortable victors – 21.14 (140) to 10.6 (66) – will mask the epic nature of the first three quarters of the game. But after midway through the third quarter it was an irresistible sea of Demons in an extraordinary shift that will go down in Grand Final folklore.

Bayley Fritsch was sensational with six goals for the Demons while Clayton Oliver (33 disposals, 10 tackles) was also terrific partnering Petracca in the midfield. Angus Brayshaw (25 disposals, one goal) had perhaps the best game of his season, while half-back Christian Salem (27 and one) set things up. Ruck pair Max Gawn and Luke Jackson were influential, Jake Bowey was busy early and Ed Langdon's relentless run was on show.

Melbourne had the Bulldogs rattled to start. Jack Viney flattened Jack Macrae at the opening stoppage, Salem was physical and Mitch Hannan was floored by Steven May. The hits reverberated around the Bulldogs, who were shaky in defence, fumbly at ground level and simply out of sorts.

The Dees jumped to a 21-point advantage by quarter-time, with Petracca's swivel and long bomb opening proceedings. Bailey Williams had two bad moments in defence that led to goals to Charlie Spargo and then Fritsch.

Beveridge sent Adam Treloar into the middle to start the second term in an inspired move to match Melbourne's dynamic midfield. The former Magpie slotted two smart snaps in the opening three minutes and then helped set up another one out of the centre that saw Aaron Naughton kick the Bulldogs' third in four minutes.

Melbourne's momentum, so hard won in the first term, had dissipated as the Dogs booted six goals to one for the quarter in a dominant turnaround. Dogs skipper Marcus Bontempelli was central to it – he converted his two big inside-50 marks into goals and had nine disposals for the term.

A controversial umpiring decision went against the Dees when Gawn's set shot was ruled a behind when he believed it had sailed through, but the Dogs had lifted.

Bailey Smith took that into the third term and Treloar continued to press, setting up Jason Johannisen's mark and goal. When Bontempelli spun and kicked his third goal in the middle of the term, the Dogs had stretched their lead to 19 points. More heartache loomed for the Dees.

But on the canvas, Melbourne threw its biggest swing, with Fritsch kicking back-to-back goals and Petracca's clearance leading to Ben Brown's second goal.

Within an instant, the game was back on level terms, but the Dees weren't done there. Brayshaw added a goal to his hard-running game, Petracca trickled his second through from the boundary, Tom Sparrow kicked one on the run and Oliver's major on the was a killer blow.

The fourth quarter was party time as the kicked nine goals for the term – and 15 of the final 16 of the game – in front of adoring red and blue faithful in attendance. After so many years of football hell, the Demons were finally in heaven.

MELBOURNE 4.5 5.9 12.11 21.14 (140)

WESTERN BULLDOGS 1.2 7.5 9.5 10.6 (66)

GOALS

Melbourne: Fritsch 6, Brown 3, Petracca 2, Neal-Bullen 2, McDonald 2, Spargo, Brayshaw, Sparrow, Oliver, Langdon, Jackson

Western Bulldogs: Bontempelli 3, Treloar 3, R Smith, Naughton, Hunter, Johannisen

BEST

Melbourne: Petracca, Fritsch, Oliver, Brayshaw, Salem, Gawn, Jackson

Western Bulldogs: Bontempelli, Daniel, B.Smith, Treloar, Macrae, Liberatore, Dale

INJURIES

Melbourne: Nil

Western Bulldogs: Nil

SUBSTITUTES

Melbourne: Jordon (unused)

Western Bulldogs: Vandermeer (unused)

Crowd: 61,118 at Optus Stadium

youtube

#2021 #afl #afl grand final #melbourne football club #melbourne demons #Youtube

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szanne7000 · 7 years

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I answered an Ask from an Anon regarding food deco… but wanted to make sure all the Amazing CC Creators are credited (to the best of my ability) for all the cc I used for this build - This Old House Renovation - (Exterior/Build & Landscaping round 1 AND Interior/Kitchen the Heart of the Family round 2) at cherryblossomsims. Here is the (mostly complete) credits:

( I apologize in advance if I’ve missed anyone

001StudioK at angelkwan6.wixsite.com/studiok

@13Pumpkins31

AjOya aka b.smith aka bonnie at https://bsimth.tumblr.com/ (input this, exactly) and TSR

ATS4 (Sandy) at http://sims4.aroundthesims3.com/

BakieGaming at modthesims and sims4studio

@budgie2budgie

BuffSumm at The Sims Resource (TSR)

@daer0n

@conceptdesign97 ak CD97

@chisami

@cool-panther

D2Diamond at TSR

DBAatTSR at TSR

@pixeldreamworld aka dreamcatchersims4 aka DCS4

DOT at TSR

@yoursims4player123 (deactivated) aka Dreamstate123 – check Lana CC Finds/links to files still active)

@dreamteamsims

@furiouslydecaffinated

@g1g2-cc aka g1g2

GG100

GIGO

GrannyZaza at thesimsmodels.com

@imadako

@inabadromance

@jomsimscreations

@k-hippie

@kiwisims4

@linacheries-ts4finds aka linacherie

@lindseyxsims

@loree-sims4 aka Loree

@loveratsims4 aka loverat

MadHox at modthesims

@madlensims at TSR

@michelleabstuff

Mango at mangosims2.free.fr

@maruska-geo aka M-Geo

@mio-sims aka Mio

@monysims4 aka MonySims

@msteaqueen aka MTQ

modthesims (various)

Mutske at TSR

@mxims

natatanec.blogspot.ru/ aka Natatanec

NynaeveDesign at TSR

OldBox at simsmarketplace

@ohmycc aka ohmysims

OrangeMittens at sims4studios

@onyxsims

pbox at modthesims

@peacemaker-ic

Pilar at simcontrol.es and TSR

pyszny at TSR

RachelsSimStuff (Tumblr deactivated) files available at https://simsworkshop.net/resources/authors/rachels-sim-stuff.5/

Rirann at TSR

@sims4design

@saudade-sims4

Severinka at sims3s.ru/ and TSR

@sg5150

Shino&KCR at TSR

@shojoangel also on TSR

Simcredible at simcredibledesigns.com and TSR

simman123 at TSR

@simphony-number-4

@srslysims

@tatschu

@themalle

@thingsbydean

Ung999 at TSR

@veranka-s4cc and TSR

@yourdorkbrains

#ts4build #ts4 interior #ts4cc #thank you cc creators #my game would be lonely and sad without all of the fantastic cc!

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greensquash · 5 years

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GreenSquash I vs Gevena I (report de John B. Smith)

YEAAHHHHHHHHHHHHH !John B. Smith est revenir ! Pour les people qui ne me savent pas, je suis le secret agent venu de les Etats-Unis (tu peux lire mon origine here). Je suis spécialisé dans le traque des les espions, et mon final goal est de get that red bastard Vlad. Enocre pour les gens qui ne connaissent pas Vlad, il est un - fucking - espion communiste. Tu peux lire les reports de Vlad here,here, and here). Il y a encore d'autre reports sur le site de www.greensquash.ch. Well, one more time, j'ai pas réussi à get that shiting spy. Il est very strong pour trouver comment se hide. Alors, en attendant que lui fait une erreur, je regarde ce stupid sport qu'est le squash. Very annoying. Simplement taper dans un ball contre un wall, c'est ridicoulous. Nous, dans les Etats-Unis on aurait déjà mis un gant de boxe dans l'autre hand de les joueurs et for instance, quand le joueur a tapé le ball, il pourrait aller donner un kick a son adversaire. Ou alors, on ferait jouer seulement les ladies dans des petits maillots de bains un peu like this. Well, il y a plein de moyens de rendre ce sport plus viril ou plus sexy. Pas étonnant que le Europe est dans le marasme s'ils n'ont pas de les idées comme nous. Donc, je vais un peu vous tell les matchs que j'ai seen.

Steven vs Nicolas le Titan's Clash !

John B. Smith a entendu que le GreenSquash sont allés get un reinforcement du côté de le France. C'est un player qui tape vraiment fort dans le ball. J'ai pu le noticed... S'il échangeait son raquette pour un paire de gants de boxe, il pourrait fight contre Floyd Mayweather et avoir un grand avenir dans mon pays. Up to you man... Well, il a joué contre Nicolas qui est son buddy depuis un long time. Steven était vraiment plus strong et plus fit que Nicolas, il n'a laissé aucune chance. Il moved plus vite, hit plus fort et played plus smart. No discussion. 3-0 dans les teeth.

Olivier Ramuz vs un Geneva's Lake man

Olivier est un autre reinforcement venu donné à le club de GreenSquash un new dimension. Vraiment, il faudra se méfier de cette team this season. Olivier a just win le tournament du GreenSquah, il est donc dans un bon confiance. Il affrontait un old chap venu du bout du lake. Il fallait rester attentive contre ce joueur qui pouvait avoir des tricky coup de raquette. But fortunatly, Olivier a dans le tête un brain et curiously (pas comme on le fait dans les Etats-Unis) il l'utilise ! Il a understand que s'il ne voulait pas tomber dans un trap, il devait jouer fast et donner du rythme dans les exchanges. Il a réalisé ça avec brio et il a kicked le ass de son oppenent 3-0.

Olivier Techer vs Le Corse

Le opponent voulait peut-être faire fear a Olivier avec son nom, mais Olivier n'est pas quelqu'un à qui on peut faire fear easily. Il a destroyed son opponent avec a lot of maîtrise. Il est resté très calm et il a fait bougé son opponent dans toutes les directions (North, South, East et West). Son opponent n'y a vu que du fire. Si je voulais être bad, je dirais que Olivier a plus sweat pendant le échauffement que pendant le game. Olivier a strick son adversaire 3-0

Le Teddy Bear vs Don Juan

Grizzly devait face contre un youngster nammed Don Juan. C'est un young wolf qui a les teeth longues. Grizzly knew qu'il aurait un game pas easy mais Grizzly est un player avec plus d'une rope à son bow. Et alors, même moi, John B.Smith american citizen, qui trouve ce sport completly débile, j'ai pu appriciate ce game. Dans un first time, Don Juan a pris le avantage, mais Grizzly est un teddy bear qui aime pas quand on lui pique le ass alors il a sorti les griffes et à commencé à sortir des magic balls. Il a defended like a hero. Dans le 5ème game, il a même eu des match ball. Don Juan les a saved avec de la luck et finalement Don Juan a passé le shoulder. Grizzly s'est vraiment bien fight. Trump would be proud. Defeat 2-3.

GreenSquash I a kicked Geneva 3-1

Il y a eu d'autre play de Greensquash et je peux proudly vous dire que :

Meyrin II vs Greensquash III 1-3

Squash Lausanne vs GreenSquash IV 2-2

Le moisson de Greensquash was very good.

Je pars, mais je reviendrai et je swear to God that le prochain time, je vais le bouffer ce Vlad de shit !

A bientôt

John B. Smith

#icicestgreensquash #greensquash #john b. smith #GS1 #GS3 #GS4 #squashromandie

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fredontiveros-blog · 6 years

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LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

https://homeworklance.com/downloads/lstd-207-final-exam-answers/

For More Information Visit Our Website ( https://homeworklance.com/ )

Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time.

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in the answer to the complaint. A motion for summary judgment is made after the filing of the complaint and answer.

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Feedback: Questions of federal law and diversity between different states and citizens of different states are within the jurisdiction of Federal courts. State tort cases between citizens of the SAME state are restricted to state court.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Feedback: This case would be governed by §1391(a) as it is a diversity case. The defendants do not live in the same state, making section 1 unavailable. That leaves section 2, a district in which a substantial part of the acts or omissions occurred. Here the tresspass alleged occurred in D. Mass. making it a district where venue is proper. Because Section 2 produced a district in which venue is proper, section 3 is not applicable. Because the defendants do not reside in the same state, none of their districts can form the basis of proper Venue. See pages 66-68

Question 7 of 30

2.5 Points

Ted sues Larry for negligence, alleging that he suffered emotional distress from witnessing injury to a close friend in an accident with Larry. Larry responds by moving to dismiss for failure to state a claim under Rule 12(b)(6). After the court denies the motion, but before Larry answers, Larry files a second pre-answer motion to dismiss per lack of venue under Rule 12(b)(3). Which of the following is True?

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Feedback: The correct answer is A. A defendant has two options when making certain motions to dismiss. First, he can file the motion prior to his answer to the complaint (pre-answer). If he chooses this method, four of the 12(b) motions must be filed at that time. If he chooses not to pre-answer, he must then file at least the four “disfavored” 12(b) motions in his answer. Either way he chooses to file, those four 12(b) motions must be raised in the initial response. A defendant cannot file 2 pre-answer motions for any of the 12(b) defenses, which is why A is the correct answer. See Rule 12(g). 12(b)(6) motions should also be raised in the initial response generally, but unlike the four 12(b)s that MUST be filed initially, the 12(b)(6) motion is not waived if he fails to file it in the first response. Rule 12(g)(1) only prevents Larry from making this motion in the form of a second pre-answer motion. Larry can file the 12(b)(6) motion in his answer or by another motion after pleading or at the trial on the merits. “If a defendant files a pre-answer motion such as a motion to dismiss, the motion must include these defenses to avoid waiver.” page 120

Question 8 of 30

2.5 Points

You get the oil in your AMC Pacer changed at Skippy Lube in Jefferson City, Missouri, before heading down to Austin, Texas, to visit a friend. In Arkansas your car starts to make a strange noise. When you pull over you notice that there is no oil in the engine and it appears that the cap was never put back on. You immediately call your lawyer, who finds that Arkansas has a long-arm statute providing that a court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person’s transacting any business in this state. Can you sue Skippy Lube in Arkansas? No

Feedback: See pages 42-44. Personal jurisdiction is based on either domicle, consent, physical presence/personal service, or minimum contacts. Here it would be based on the minimum contacts tests. Long arm statutes require specific types of contact with the forum state in order to obtain personal jurisdiction. Here, there was NO contact made by Skippy Lube in Arkansas. The work was done in Missouri and Skippy Lube is located in Missouri.

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Feedback: Arkansas is when the action occurred. While Missouri may have personal jurisdiction over Skippy Lube, Arkansas has both personal and subject matter jurisdiction. The first two rings of jurisdiction.

Question 10 of 30

2.5 Points

John Doe (resident of So. District of California) sues Joe Smith (resident of No. District of California) for Federal employment discrimination in the So. District of California. Smith does not object to venue and answers the complaint. Prior to the hearing on the merits, Smith files a motion to change venue to No. District of California where he resides.

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Feedback: A defendant waives objection to venue by failing to raise it when he responds to the complaint. A. could have been the right answer if Smith had properly and timely objected to venue. B. is incorrect as the motion must be filed in his answer to the complaint- not during the case. D. is incorrect- venue is based on the judicial district where the defendant resides- not anywhere within the state of California.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

John Doe sues Joe Smith for injuries suffered in an accident. During the deposition of Smith, Doe’s attorney asks him, “didn’t you tell your lawyer that you were speeding?” Smith’s attorney objects to the question, arguing this information is not discoverable under the attorney-client privilege to the discovery rules. Is this objection proper?

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A federal court judge finds in favor of Plaintiff X for violation of his Federal Civil Rights by Defendant X. However, during the bench trial, the judge denied Plaintiff’s request to compel discovery of certain evidence. Although Plaintiff X ultimately won the case, he feels the judge was wrong in denying his motion to compel and seeks to appeal the denial of the evidence. Which of the following is True?

I. The prevailing party can always appeal any legal issues rendered by a judge. II. The Plaintiff won his case and cannot appeal this issue. III. The Plaintiff must raise his objection at trial in order to preserve this issue for an appeal.

A.III only

B.II only

C.I and III only

D.I only

Feedback: See page 233-234. Plaintiff X may not have liked the judge’s ruling, but he won his case. This is the requirement of adversity. While III is technically correct, it only applies when the party objecting loses the case and files an appeal. In this case, the Plaintiff won despite the judges ruling to deny the evidence.

Question 23 of 30

2.5 Points

Tom sues John in state court for breach of contract. During the trial, the judge excluded a witness affidavit submitted by John’s attorney. John’s attorney does not object to the judge’s exclusion of the evidence. The jury finds for Tom. John files an appeal in the state appellate court, claiming the judge erred in excluding the affidavit. The court should:

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

Andy sues Ray Motors for injuries suffered while driving a used snowmobile that Ray Motors sold him. His suit is based on breach of warranty (a contract theory) and strict products liability (a tort theory). Ray Motors moves to dismiss the contracts claim on the ground that the state long-arm statute does not authorize jurisdiction over it. The judge concludes that the long-arm statute allows the suit against Ray Motors for the tort claim but not the contract claim and thus dismisses the breach of warranty claim. The case goes to trial on the strict liability claim. After Andy presents his evidence, the trial judge grants a directed verdict for Ray Motors on the ground that Andy has not presented sufficient evidence that the snowmobile was defective. Judgment for Ray Motors is entered. Later, Andy sues Ray Motors again, for the same injuries. This time, he bases his claim in this action solely on a negligence theory. Andy’s second action:

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Feedback: Res Judicata requires all legal theories of relief to be asserted in one lawsuit. Andy was required to raise the negligence theory in the first case along with his other legal claims for relief. See page 252- Same Claim.

Question 26 of 30

2.5 Points

John Doe files a complaint against Joe Smith for breach of contract in California. Smith files a motion to dismiss for lack of personal jurisdiction, since Smith lives in Arizona and the contract was entered and performed in Arizona. The judge grants Smith’s motion to dismiss. Doe then files a second lawsuit in Arizona against Smith for the same breach of contract claim. The doctrine of res judicata does not bar Doe from filing the second lawsuit.

True

False

Feedback: True. Certain dismissals, like for lack of subject matter jurisdiction, do not bar a second action since the judgement was not based on the merits of the claim. Remember, one of the requirements for res judicata to apply is that the judgement that was entered was “on the merits” and that the parties had a full and fair opportunity to litigate the claim. see pages 258-259.

Question 27 of 30

2.5 Points

John Doe sues Joe Smith for trespassing on his property on Feb. 26, 2008. Smith argues he had an easement allowing him on Doe’s property. The court finds in favor of Smith. Doe then sues Jane Johnson for also trespassing on his property on a separate occasion but also on Feb. 26, 2008. Does Res Judicata bar Doe from suing Jane Johnson in a second action?

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

Cathy Copy, author of a book called Carry Motter and the Apprentice’s Gem, is sued in Federal District Court by HP publishers for copyright infringement and breach of contract for copying the works of another author. The Court dismisses the copyright infringement claim under Fed. R. Civ. P. 12(b)(6) but allows the breach of contract claim to proceed to trial. The jury finds for the defendant and the court enters judgment. HP publishers files suit against Cathy Copy in a different federal jurisdiction raising the copyright infringement claim again. What are the implications of a second law suit for the copyright infringement claim from a res judicata perspective? Does it matter that the Court in the first suit has entered a final judgment? Refer to the Second Restatement of Judgments (as cited in your text) for the government rules.

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

In the case of Cathy Copy HP publishers filed a suit against Cathy Copy in a different a federal jurisdiction raising copy infringement claims again. In the previous trial, the court dismissed the copy infringement claims, and allow the breach of contract claims to proceed to trial.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Comment: I would disagree with your analysis. Under these facts, the copyright claim was dismissed for failure to state a claim, not on the merits of the case. Therefore, it would not be barred by res judicata.

Question 29 of 30

10.0 Points

Assuming the fact pattern above, Cathy Copy has written a new book, Carry Motter and the Closet of Lies. Cathy Copy is sued again in Federal District Court by HP publishers for copyright infringement and breach of contract. How might this law suit be affected by the collateral estoppel doctrine? Explain what the collateral estoppel doctrine is.

Collateral Estoppel can be pleaded by the defendant in civil cases. Collateral Estoppel does not allow the reiteration of a claim, demand or cause of an action or opposition to an issue. It is to prevent duplicated fruitless claims when re-litigation is probably not going to change the outcome of the case.

Collateral estoppel would only be allowed if the rules applied to the case and if the new case was inclusive of the same claims and issues. The fact pattern describes a new book and does not go into detail about the specifics of the law suit from HP publishers. The Issues must be identical in order for collateral estoppel to be used. So in order for collateral estoppel to apply the following requirements would have to be met to apply for issue preclusion, of collateral estoppel

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

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gregoryswisher-blog · 7 years

Text

LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

https://homeworklance.com/downloads/lstd-207-final-exam-answers/

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Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

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barbarapfister-blog · 7 years

Text

LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

http://solutionfy.com/downloads/lstd-207-final-exam-answers/

For More Information Visit Our Website ( https://homeworklance.com/ )

Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

0 notes

we-donaldpowers-blog · 7 years

Text

LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

http://devryfinalexam.com/downloads/lstd-207-final-exam-answers/

For More Information Visit Our Website ( https://homeworklance.com/ )

Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

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houstonroofing161 · 7 years

Text

B.smith Roofing

2 recommendations for B.smith Roofing on Nextdoor. Find out what your neighbors are saying about B.smith Roofing.

#Google Alert - Roofing

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phoenixroofing164 · 7 years

Text

B.smith Roofing

2 recommendations for B.smith Roofing on Nextdoor. Find out what your neighbors are saying about B.smith Roofing.

#Google Alert - roofing

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devils-pirate-crew · 9 months

Text

The group merely stands there for several minutes, Juraj clinging to Arber and mumbling in Slovak into his shoulder to decrease the chance of senseless violence, Dawson blocking the duo from Miles, and Miles sitting up on the ground, still clearly disoriented from everything going on. Dawson closes his eyes for a moment, pointedly ignoring the searing sensation around his ear, ignoring the slick feeling blooming at the base of his jaw. It's not the time to be hurt, right now. He takes a deep breath, hoping for Smith to get back here sooner rather than later, and fixes his gaze right on Arber's cheek, where the graze wound seethes with soft strands of pink, almost like smoke. Weirdly enough, Arber seems barely fazed by it, instead staring wide-eyed at Dawson.

He knows.

And Dawson's pretty sure he hears an echo when the Voices confirm it.

Smith doesn't return soon enough, in Dawson's opinion. But he does, eventually, with two captains and two quartermasters in tow. Siegs sticks by Nico's side in much the way Gallagher presses himself to Suzuki's shoulder, the captains on the outsides with the quartermasters between them. In front, Smitty walks backwards, gesturing wildly as he leads the way, talking in words that disappear to the sound of the lapping of the waves and the Voices' frenetic mumbling. When he realizes he's within earshot, he falls quiet, seeming to believe the situation would reveal itself.

As soon as the five reach the four, everyone starts shouting, peddling their own versions of the truth. Dawson can't distinguish any of it through his rising, pounding headache. Suzu and Gally corral Arber and Juraj away towards Nattinen while Nico and Siegs tug Dawson over to Woody, Smith following on their heels.

"What the fuck happened?" their captain hisses, looking between the group.

Dawson opens his mouth to speak but is cut off by Smitty. "I shot that guy," the gunner lies. "But I had a good reason for it!"

"You better," Siegs rolls his eyes. "Do you know what kind of hot water we're in?"

"They were kidnapping Dawson," Smith explains. "We stumbled upon them - literally, stumbled - as they were taking him back to their ship. The one with the cutlass had Dawson at swordpoint and told us either we pretended nothing happened or he was going to kill Dawson and then the rest of us. Woody," he slaps his friend on the back, "Bravely lunged forward, armed with just his dagger and liquid courage, and tried to fend him off. The cutlass guy hurt Dawson, but Woody saved him. I fired my pistol at them to try to get them away, and - it's an unfortunate circumstance, it really is, but if we're willing to forgive the attempted kidnapping of one of our crew members, we shouldn't be punished for their crewmate's death."

Miles nods to this interpretation of the facts, understanding that it's his best shot at not getting his ass kicked. "Thank God he's okay," he mumbles towards Dawson, the adrenaline coursing out of his system as he slumps onto Smith again, fully spent.

Nico looks at Dawson and shakes his head pointedly. "Keep an eye on them," he instructs the pilot's mate, already turning away. "Jonas, we've got some business to do." With that, he pulls the quartermaster along, crossing the distance between the two groups. Suzu and Gally, too, seem to have obtained the information they needed, and stride the other way to meet Nico and Siegs in the middle. The outlines of Juraj and Arber, sitting on the docks next to each other over the dead body, almost seem to ripple in the wind.

Dawson feels like shit. And not just because of the cut on the side of his face - what's one more to the collection - but there's an unwelcome emotion growing in his chest, one he can't quite name. He looks to Smith, who's pulled a passed-out Miles down to the ground and has Woody's head in his lap, then back to the duo on the other side of the negotiations, where Juraj's resting his head on Arber's shoulder, looking at the wound on Arber's cheek with concern. Dawson raises his fingers to his ear to check on the bleeding and grimaces when he finds them sticky and red.

Red is good, though. Red means you're still alive.

3 notes · View notes

miamiroofing162 · 7 years

Text

B.smith Roofing

2 recommendations for B.smith Roofing on Nextdoor. Find out what your neighbors are saying about B.smith Roofing.

#Google Alert - Roofing

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banh88 · 7 years

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Banh 88 - Dự đoán Bóng Cỏ Mỹ: Miami vs New York Cosmos, 7h ngày 07/09/2017

(www.banh88.info) BANH 88 - Dự đoán Bóng Cỏ Mỹ: Miami vs New York Cosmos, 7h ngày 07/09/2017 Xem thêm : Soi Kèo Tài Xỉu - Nhận Định Bóng Đá

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Dự đoán Miami vs New York Cosmos, sau 5 chiến thắng liên tiếp, Miami có lý do để tin tưởng 3 điểm trước New York Cosmos.

Nhìn lại lịch sử đối đầu, Miami tỏ ra quá yếu thế so với New York Cosmos. Cụ thể, trong 7 cuộc đụng độ đối thủ này gần nhất ở giải vô địch Bắc Mỹ, Miami đã để thua tới 5 trận, trong đó có 3 thất bại tại chính sân nhà.

Nhưng ở màn tái ngộ lần này, Miami vẫn được nhà cái đánh giá rất cao với tỷ lệ 0:1/2. Tỷ lệ này đã ít nhiều thể hiện cái giá của đội chủ nhà bởi họ đang thể hiện phong độ rất cao với mạch 5 chiến thắng liên tiếp ở giải vô địch Bắc Mỹ.

Bí quyết mang tới thành công cho Miami ở 5 vòng đấu gần nhất là hàng thủ chắc chắn. Cụ thể, trong 5 trận đấu này, thầy trò Alessandro Nesta chỉ để lọt lưới vỏn vẹn 1 bàn. Trong khi đó, ở hàng công, Miami cũng đang sở hữu 2 chân sút có thành tích tốt nhất ở giải vô địch Bắc Mỹ là Stefano Pinho (11 bàn) và Vincenzo Rennella (10 bàn).

Phong độ sân nhà của Miami cũng rất ấn tượng với 10 chiến thắng ở 14 trận gần nhất. Nhờ đó, họ đang dẫn đầu giải vô địch Bắc Mỹ ở cả 2 giai đoạn của mùa giải.

Bên kia chiến tuyến, New York Cosmos đã gặp khá nhiều vấn đề về lối chơi ở giai đoạn 2. Minh chứng là ở 5 vòng đấu gần nhất, đội bóng này chưa có nổi 1 chiến thắng (hòa 3, thua 2) và đều để thua tỷ lệ châu Á. Tương tự, phong độ sân khách của New York Cosmos cũng ở mức báo động (chỉ thắng 1/6 trận xa nhà gần nhất).

Yếu tố duy nhất mang tới sự tự tin cho New York Cosmos ở trận đấu này là lịch sử. Nhưng đừng quên rằng ở trận làm khách gần nhất trước Miami, họ đã để thua với tỷ số 1-2. Khi ấy, đội bóng của HLV Nesta cũng được nhà cái xếp ở cửa trên với tỷ lệ 0:1/2.

Với quá nhiều ưu thế trong tay như vậy, Miami hoàn toàn có thể nhắm chiến thắng thứ 6 liên tiếp.

Đội hình dự kiến

MIAMI (4-1-2-1-2): Vega – Freeman, Bernstein, Trafford, B.Smith – Ryan – Palmer, Lahoud – A.Martinez – Chavez, Stefano.

NEW YORK COSMOS (4-2-3-1): Maurer – Mulligan, Mendes, Barnes, Ayoze – Guerra, Moyal – Szetela, J.Marquez, Flores – Starikov.

Chìa khoá soi kèo

– Miami chỉ thắng 2/7 cuộc đụng độ New York Cosmos gần nhất ở giải vô địch Mỹ (thắng 2, thua 5).

– 6/7 cuộc đụng độ gần nhất giữa 2 đội kết thúc với ít nhất 3 bàn.

– Miami thua 3/4 cuộc tiếp đón New York Cosmos gần nhất (thắng 1, thua 3).

– Miami đang duy trì mạch 5 chiến thắng liên tiếp ở giải vô địch Bắc Mỹ.

– 4 trận gần nhất của Miami kết thúc với tối đa 2 bàn.

– Miami chỉ thua 2/14 trận sân nhà gần nhất trên mọi đấu trường (thắng 10, hòa 2, thua 2).

– 6/8 trận sân nhà gần nhất của Miami kết thúc với ít nhất 3 bàn.

– New York Cosmos chỉ thua 2/8 trận gần nhất trên mọi đấu trường (thắng 3, hòa 3, thua 2).

– 4/6 trận gần nhất của New York Cosmos kết thúc với ít nhất 3 bàn.

– New York Cosmos chỉ thắng 1/6 trận sân khách gần nhất (thắng 1, hòa 2, thua 3).

Pick: Miami và Under cả trận

Link Xem Trực Tiếp

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Click vào Chiến Thuật để xem đội hình ra sân trước khi trận đấu diễn ra khoảng 45 phút. ĐĐ để xem đối đầu và phong độ gần đây.

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bathomeworklance-blog · 7 years

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LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

https://homeworklance.com/downloads/lstd-207-final-exam-answers/

For More Information Visit Our Website ( https://homeworklance.com/ )

Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

0 notes

patricksaragosa-blog · 7 years

Text

LSTD 207 Final Exam Answers

Follow Below Link to Download Tutorial

https://homeworklance.com/downloads/lstd-207-final-exam-answers/

For More Information Visit Our Website ( https://homeworklance.com/ )

Email us At: [email protected] or [email protected]

LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

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LSTD 207 Final Exam Answers

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LSTD 207 Final Exam

Part 1 of 1 –

100.0 Points

Question 1 of 30

2.5 Points

A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered.

True

False

Question 2 of 30

2.5 Points

A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially.

True

False

Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court.

Question 3 of 30

2.5 Points

Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously?

A.Yes

B.No

Question 4 of 30

2.5 Points

John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California.

A.The court does not have jurisdiction as the defendants are both from California and not diverse.

B.The court does not have jurisdiction because it was filed in California.

C.The court has jurisdiction as long as the plaintiff is diverse from the defendants.

D.Both A and B are correct.

Feedback: See page 14. The Strawbridge rule requires only that the plaintiff and defendant be diverse- thus parties on the same side may be co-citizens.

Question 5 of 30

2.5 Points

Which of the following cases CAN NOT be heard in federal court?

A.A claim based on the Age Discrimination under the Federal Employment Act.

B.A tort claim between citizens of the same state.

C.A case brought by the State of New Jersey against the State of New York.

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

Question 6 of 30

2.5 Points

Johnson (D. Mass) wants to sue Alcott (D.N.H.) and Montgomery (D. Me.) for trasspassing on Johnson’s property in Massachusetts. Where would Venue be proper?

A.D.N.H.

B.D. Me.

C.D.N.H. or D. Me.

D.D. Mass

Question 7 of 30

2.5 Points

A.The motion is improper because Larry cannot make a second pre-answer motion under Rule 12 to assert a defense that was available when the first motion was made.

B.The motion is improper, because Larry’s failure to assert his Rule 12(b)(3) motion in his first pre-answer motion waives the objection of failure to state a claim.

C.The motion is proper because the objection is not waived by making a motion on other grounds, and may be raised at any time.

D.The motion is proper because the motion to dismiss for lack of venue under Rule 12(b)(3) is not considered one of the four “disfavored defenses.”

Question 8 of 30

2.5 Points

Question 9 of 30

2.5 Points

Same facts as the road trip scenario above, but you have the oil changed in Arkansas on your way to Texas. Should you sue in Arkansas or Missouri?

Question 10 of 30

2.5 Points

A.Smiths motion is proper since he resides in the No. District of California.

B.Smiths motion is proper because he filed prior to the hearing on the merits.

C.Smiths motion is improper because he waived his objection to the venue and answered the complaint.

D.Smiths motion is improper because Doe may file in any district court in California- Smith’s state of residence.

Question 11 of 30

2.5 Points

Can attorneys depose persons who are not parties to the suit?

A.Yes

B.No

Feedback: See page 139. A deposition is the proper discovery tool used to discover information from non-parties to the lawsuit. Interrogatories are used for parties to the lawsuit.

Question 12 of 30

2.5 Points

A.Yes

B.No

Feedback: See page 148. The attorney-client privilege to bars inquiry into communications between a client and his counsel in the course of legal representation and will not be discoverable.

Question 13 of 30

2.5 Points

Once a defendant has met its initial burden of moving for summary judgment, the plaintiff must:

A.Point to evidence already in the record showing the existence of a genuine issue of material fact at issue.

B.Point to the parts of the plaintiff’s pleadings that allege matters in issue to demontrate a genuine issue of material fact.

C.Point to or submit as part of the response to the motion, evidence which may be admissible, that demonstrates that there is a genuine issue of material fact at issue.

Feedback: See pages198-201

Question 14 of 30

2.5 Points

When is material protected from discovery by work product protection?

A.When it is confidential material prepared by a party’s representative.

B.When it is prepared in anticipation of litigation or for trial by a party or by or for that party’s representative.

C.When it is confidential communication between a party and that party’s attorney.

D.When it is prepared in anticipation of litigation or for trial by any person.

Comment: The work product protection only protects work by the party or the party’s representative.

Question 15 of 30

2.5 Points

When may a defendant move for judgment as a matter of law?

A.At the conclusion of the defendants evidence.

B.At the conclusion of the plaintiffs evidence.

C.Both A and B.

D.Before the presentation of any evidence.

Feedback: See page 222

Question 16 of 30

2.5 Points

The general rule in Federal civil court is that a jury’s decision must be unanimous.

True

False

Feedback: True. See page 213. Unanimous unless agreed to otherwise.

Question 17 of 30

2.5 Points

Res Judicata only bars relitigation of legal issues that were decided in the original action.

True

False

Feedback: “Issue” preclusion is called collateral estopel. Res Judicata is “claim” preclusion.

Question 18 of 30

2.5 Points

What is standard the judge is to apply in granting a new trial based on an incorrect jury verdict?

A.”against the great weight of evidence.”

B.”no rational basis in law.”

C.there is “no disputed issues of material fact.”

D.no “genuine issue of material fact.”

Feedback: See page 224

Question 19 of 30

2.5 Points

In Federal civil court, a right to a jury trial is waived unless specifically requested by a party.

True

False

Answer Key: True

Feedback: True. See Rule 38, page 215-216

Question 20 of 30

2.5 Points

For civil cases, the burden of proof a Plantiff must establish for each element of a claim is perponderance of the evidence

Feedback: See page 218

Comment: “preponderance”

Question 21 of 30

2.5 Points

When a Federal Circuit Court of Appeals decides to reconsider an appeal to include a decision by all members of the court, the rehearing is considered:

A.ad hoc

B.en banc

C.A mandamus

D.pro se

Feedback: See page 231

Question 22 of 30

2.5 Points

A.III only

B.II only

C.I and III only

D.I only

Question 23 of 30

2.5 Points

A.consider the appeal even if the evidence was not objected to during the trial

B.not consider the appeal since John’s attorney failed to object to the exclusion during the trial

C.remand the case back to the trial judge for him/her to reconsider the evidence

Comment: Because the issue was not objected to at the trial court level, it cannot be appealed.

Question 24 of 30

2.5 Points

Following a federal court jury verdict and award for damages, the judge:

A.may determine the amount awarded by the jury is too high and threaten a new trial unless the prevailing party accepts less.

B.may determine the amount awarded by the jury is to low and can set an amount he/she deems is more equitable.

C.must accept the jury’s award for damages as a matter of law.

D.may reconvene the jury and ask them to reconsider the amount awarded.

Comment: A federal court judge may conclude that the award was too high and threaten a new trial if the party does not accept less.

Question 25 of 30

2.5 Points

A.will not be barred because the contract claim was dismissed for lack of jurisdiction so there has been no final decision “on the merits.”

B.will be barred because the negligence claim could have been brought in the first action but was omitted.

C.will not be barred because the grant of the directed verdict motion did not decide the case on the merits in the first action.

D.will not be barred since his claim in the second action is not the same claim as his claim in the first.

Question 26 of 30

2.5 Points

True

False

Question 27 of 30

2.5 Points

A.Yes

B.No

Feedback: The parties are not the same in the second action. Res Judicata only applies when the parties in the second lawsuit are the same as those in the first lawsuit. See page 253. Same parties

Question 28 of 30

10.0 Points

The Collateral Estoppel doctrine is barring issues that have been litigated before.

Res Judicata is the barring of claims that have either been litigated or could have been litigated.

The implication of the use of res judicial for the copywriter claim would be allowed, due to the fact that the judgment was been made final.

It does not matter if the courts made a final judgment because Rule 59 can be used, if allowed. Rule 59 is for a New Trial; Altering or Amending a Judgment.

Question 29 of 30

10.0 Points

1. Identical issue.

2. Actually litigated and determined.

3. Essential to the judgment.

4. Same parties and the mutuality doctrine.

Question 30 of 30

12.5 Points

Discuss in detail how you think jurisdictional issues might arise in a law office that handles general civil matters. Touch on all three of the “hoops” of jurisdiction discussed in our textbook.

Jurisdiction can affect the issues of a civil matters in a law office because in order to have proper jurisdiction three things must be present.

#LSTD 207 Final Exam Answers

0 notes