A defendant is a person who begins a lawsuit by filing a complaint against a plaintiff in a trial court of general jurisdiction.

True/False

Pearson files a lawsuit against Chegg. Taken together, the complaint and the answer are called

Discovery

depositions and interrogatories

hearsay

Pleadings

Federal question jurisdiction must involve, among other things, an amount over $75,000.

True/False

Darrell, who is a North Carolina resident, is in a contract dispute with Henry, a South Carolina resident. Darrell wishes to sue in federal court. Which of the following is true?

Darrell can sue in federal court if the amount in dispute is $75,000 or more

Darrell must sue in North Carolina

Darrell must sue in federal court

Darrell must sue in South Carolina

Great American has a contract dispute with Red Vine Productions, and files a breach of contract claim in court. To succeed, Great American must prove its case

beyond a reasonable doubt

by a preponderance of the evidence

Red Vines has the burden of proof

by indisputable proof

The highest court in Florida, the Florida Supreme Court, decides a case. In New Jersey,

the decision would typically be:

binding for both the Florida and New Jersey Courts

not binding on the New Jersey Courts

binding on the New Jersey Courts if the decision follows federal law

binding on all state courts

A new administrative regulation allowed the Motor Vehicle Commission to give men a road test every 10 years, but exempts women from the obligation to re-test. If this regulation is contradictory to the state Constitution, the Courts are likely to

Let the regulation stand

Review common law to see whether a precedent exists

Rule the regulation as unconstitutional

Use statutory interpretation to clarify the law

If there is no precedent on which a court can base a decision, the court can

consider all of these answer.

consider social factors.

examine historical trends.

refer to past cases which are somewhat similar to the case at hand.

Binding precedent is a precedent that a court must follow.

True /False

A business asks a court to interpret the way in which newly enacted shoplifter detention legislation will be applied if the business, at some future point, detains a suspected shoplifter. The court will likely

Not interpret the statute until faced with a case

Convene a conference of business and consumer representatives

Ask the legislature to issue an advisory memorandum

Issue an advisory memorandum

The highest court in Florida, the Florida Supreme Court, decides a case. The decision would typically be:

Persuasive in some Florida states courts

Binding in all other state courts

Persuasive in all Florida states courts

Binding in all Florida state courts

The process of determining the constitutionality of various legislative statutes, administrative regulations or executive actions is

Judicial review

Devolution

Preemption

Statutory interpretation

Much of American law is based on

The Greek legal system

the English legal system.

The Roman legal system

The French legal system