Thursday, November 7, 2019

Yolanda found a better job and quit Robert's employment. Yolanda, however, wants to sue Robert because she believes that he may have terminated

Regardless of what court is involved, can Jim act as plaintiff for the employees? 
A. 
Yes, so long as he gets permission slips from all of them.

B. 
Yes, so long as no employee files an objection.

C. 
Yes, so long as he gives any money he receives to them.

D. 
No, because he lacks standing.

E. 
No, because venue is lacking.


Assuming Jim ends up initially, or at some later point, at the appellate level, is he entitled to a jury at the appellate level? 
A. 
No, jurors are not used at the appellate court level.

B. 
Yes, but only if he had a jury first at the trial court level.

C. 
Yes, if he satisfies the requirements to initially bring the case in appellate court, he is entitled to a jury.

D. 
Yes, but only if the employer agrees to a jury.

E. 
Yes, because appellate courts decide questions of fact while questions of law are decided at the trial court level.


Yolanda found a better job and quit Robert's employment. Yolanda, however, wants to sue Robert because she believes that he may have terminated her employment in the future based on age discrimination. At this point, which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked? 
A. 
That Yolanda lacks standing.

B. 
That the court lacks in personam jurisdiction.

C. 
That the state's long-arm statute does not apply.

D. 
That a default judgment is appropriate.

E. 
That the case is moot.


Which of the following is true regarding state courts of appeal? 
A. 
States only have an intermediate court of appeal if there is no state Supreme Court.

B. 
In states that do not have an intermediate court of appeal, appeals go to the federal court of appeals.

C. 
In states that do not have an intermediate court of appeal, there is no right of appeal to any court.

D. 
All states in this country have intermediate courts of appeal.

E. 
Not all states have intermediate courts of appeal; in those states, appeals go to the state court of last resort.


What advice should Alex give to Greg regarding an appeal filed in federal court? 
A. 
He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg for an hourly rate of $400.

B. 
He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she was negligent.

C. 
He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person.

D. 
He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to certify the case to federal court.

E. 
He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be to federal court.


Jane's action against Greg for the tire is called a ______. 
A. 
Counterclaim

B. 
Cross-Claim

C. 
Third-party claim

D. 
Discovery claim

E. 
Service claim


Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire? 
A. 
No, the judge was wrong and should have considered that testimony.

B. 
Yes, the judge was correct to disallow the testimony because it involved a possible criminal action.

C. 
Yes, the judge was correct to disallow the testimony because it was hearsay.

D. 
Yes, the judge was correct to disallow the testimony but only because Susie was in the courtroom and could testify herself; otherwise, it should have been allowed.

E. 
Yes, the judge was correct to disallow the testimony but only because it purportedly came from an admitted friend of the defendant, not an independent witness; otherwise, it should have been allowed.


What standard of proof would the trial judge have applied when ruling on the case? 
A. 
A preponderance of the evidence standard

B. 
A standard of proof beyond a reasonable doubt

C. 
A standard of proof by a margin

D. 
A standard of certainty in proof

E. 
A standard of proof beyond a reasonable question

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