Thursday, November 7, 2019

Ann, a Massachusetts resident, breached a contract entered into in Florida with Bruce. Bruce successfully obtains a judgment against Ann for $150,000

Ann, a Massachusetts resident, breached a contract entered into in Florida with Bruce. Bruce successfully obtains a judgment against Ann for $150,000 in a Florida state court. Ann lives in a nice apartment in Massachusetts, and her only substantial asset is a vacation beach house in North Carolina. Which of the following is true regarding Bruce's ability to obtain funds from a sale of the beach house? 
A. 
Bruce is only entitled to obtain funds from property located in Florida, the location of the lawsuit, and cannot benefit from the property in North Carolina.

B. 
Bruce is only entitled to obtain funds from property located in Florida, the location of the lawsuit, or from Massachusetts, Ann's domicile, and cannot benefit from the property in North Carolina.

C. 
Bruce will be able to sell the beach house in North Carolina through attachment jurisdiction, and he is entitled to keep any funds obtained in excess of amounts owed.

D. 
Bruce will be able to sell the beach house in North Carolina through attachment jurisdiction, but he must return to Ann any funds obtained in excess of amounts owed.

E. 
Under federal law, Bruce will only be able to sell the beach house through attachment jurisdiction if after two years Ann has failed to satisfy the judgment, and any sums received in excess of amounts owed to Bruce go the Federal Housing Administration.


Doctor Sally was sued for malpractice based on allegedly removing the wrong body part. Following discovery, it becomes clear that the plaintiff has no credible evidence against Doctor Sally and that no reasonable jury could rule in the plaintiff's favor. How should Sally's lawyer proceed? 
A. 
The lawyer should make a motion for summary judgment.

B. 
The lawyer should make a motion for additional discovery.

C. 
The lawyer should make a motion to amend the answer in order to make a motion to dismiss.

D. 
The lawyer should file a motion for judgment on the pleadings.

E. 
The lawyer should proceed to trial.


Which of the following do appellate courts primarily handle? 
A. 
Questions of law

B. 
Questions of fact

C. 
Questions of law and fact

D. 
Cases when they initially enter the legal system

E. 
Questions of law and fact, and also cases when they initially enter the legal system


Which of the following is a question of fact? 
A. 
Did the vehicle run the traffic light?

B. 
Is premeditation necessary for a first degree murder conviction?

C. 
Is speech protected by the First Amendment?

D. 
What is necessary for service of process?

E. 
What elements should an answer contain?

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