. 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?
2.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 or False
3.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.
4.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
5.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.
C.I and III only
6.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:
7. For civil cases, the burden of proof a Plantiff must establish for each element of a claim is
8. In Federal civil court, a right to a jury trial is waived unless specifically requested by a party. True
9.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.”
10.The general rule in Federal civil court is that a jury’s decision must be unanimous. True
11.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.
12.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.
13.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?
14.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.