1. What documents are filed to start a civil lawsuit and who files them? The Def
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Question
1. What documents are filed to start a civil lawsuit and who files them?
The Defendant files a Jurisdiction and Venue
The Petitioner files a Motion for Relief
The Judge files a Summons and Order
The Plaintiff files a Complaint and Summons
The Respondent files a Summons and Motion for Relief
2. What information do you need in order to determine the subject matter jurisdiction of a case?
The kind of claim it is and the amount of money in dispute
Whether or not a child is involved
Where the incident occurred
The names and addresses of the parties
The severity of the injury sustained by the defendant
3. Personal jurisdiction is based on
the scheduling calendar of the court and whether or not the court docket is backed up
B. the level of crime charged in a criminal case
the amount of money in dispute in a civil case
the characteristics of the specific parties including where they live, where the matter occurred, and whether the defendant has such contacts with the state that it is fair to make him appear to defend himself
E. whether the plaintiff or the defendant filed the claim first and in which court it is filed
4. Which of the following is true about diversity of citizenship jurisdiction?
A. Defendants' attorneys know that removal is common and so they move the case along faster by filing in federal court to begin with
B. The Constitution established diversity jurisdiction because it feared that local courts would be biased in favor of people from their own states over those from other states
C. Diversity of citizenship jurisdiction means that federal issues will be tried in federal courts
The plaintiff's attorney is entitled to ask for removal to a federal court where there is diversity
E. There is never a "home-court advantage" for a resident plaintiff who sues a nonresident defendan
5. Intermediate appellate courts:
A. are usually composed of panels of three judges who determine if the trial court applied the law and court procedures properly
B. rehear the evidence and determine whether the jury made a correct ruling based on the facts
will often call a witness to testify if the judges believe that his or her trial testimony requires clarification
are the courts where cases are first filed by plaintiffs
almost never allow the losing party in a limited jurisdiction court to appeal.
A.The Defendant files a Jurisdiction and Venue
B.The Petitioner files a Motion for Relief
C.The Judge files a Summons and Order
D.The Plaintiff files a Complaint and Summons
E.The Respondent files a Summons and Motion for Relief
Explanation / Answer
1. The correct answer is Option D. The plaintiff files a complaint and summons to start a civil lawsuit.
2. The correct answer is Option C. Where the incident occurred is required for subject matter jurisdiction.
3. The correct answer is Option D. Personal jurisdiction is based on the characteristics of the specific parties.
4. The correct answer is Option B. he Constitution established diversity jurisdiction because it feared that local courts would be biased in favor of people from their own states over those from other states.
Please post the other questions separately as we are supposed to answer just one question or four sub parts of a question.
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