ANSWERS-CH02 - borders. Either of these two types of...

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CHAPTER 2 THE RESOLUTION OF PRIVATE DISPUTES ANSWERS TO CHAPTER 2 True-False Multiple Choice 1. F 2. T 3. T 4. F 5. F 6. T 7. T 8. T 9. F 10. F 11. F 12. T 13. T 14. F 15. d 16. a 17. b 18. a 19. a 20. b 21. c 22. b 23. a 24. b 25. a 26. c Short Essay 27. The motion for judgment NOV is made at the end of the trial after a verdict has been reached. The motion asks the judge to reverse the verdict and enter judgment notwithstanding the verdict. The motion to dismiss for failure to state a claim generally is made early in the proceedings and long before trial. It asks the court to dismiss the case because the law does not give a remedy to the plaintiff based on the facts of his complaint. 28. P's failure to counter the affirmative defense means that she loses her breach-of- contract suit against D. Her failure to defeat the counterclaim means that D recovers against P for fraud. 29. Both in personam jurisdiction and in rem jurisdiction are territorial in the sense that they involve people, things, or activities residing, existing, or occurring within a state's
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Unformatted text preview: borders. Either of these two types of jurisdiction, when combined with a court's subject matter jurisdiction, will give the court the power to render a judgment that is binding on the parties. The crucial difference between in personam jurisdiction and in rem jurisdiction is that the former is based on the residence, location, or activities of a Answers to Student Study Guide and Workbook Questions 4 person within the state, whereas the latter is based on the fact that property is located within the state. 30. It's more correct to say that there must be jurisdiction before venue questions arise. Jurisdiction concerns the question whether some class of courts (e.g., state trial courts or the federal district courts) has the power to hear a case. Venue involves the question which courts of the class (e.g., which state trial court or which federal district court) is the right forum for the case. Answers to Student Study Guide and Workbook Questions 5...
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ANSWERS-CH02 - borders. Either of these two types of...

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