Question

1. Which ONE of the following defendants is the only one in which a state court would absolutely be able to exercise in personam jurisdiction (without having to have additional information to make a determination)?

a. An individual who is traveling through a state and allegedly causes damage while there.

b.A business that is incorporated in somewhere in the United States.

c. A business with manufacturing and distribution facilities located in multiple states throughout the country.

d. An individual who is employed by a business that has retail locations throughout the state.

2. Plaintiff’s counsel is cross-examining a defense witness during a jury trial and asks a question relating to the contents of a letter that the witness received from the defendant. The question will only be allowed if

a. The letter was referenced and entered into evidence during the witness’ direct examination.

b. The letter has not yet been discussed in front of the jury.

c. The letter was referenced during the defendant’s opening argument.

d. the letter establishes the defendant’s guilt beyond any reasonable doubt.

7. Which of the following is most likely to be ruled inadmissible hearsay?

a. A witness testifies during direct examination that he believes the defendant is guilty because he read a detailed article in the Wall Street Journal discussing the case and titled "The Defendant Did It."

b. A witness testifies during direct examination that immediately after she was in a car accident she felt extemely frightened and she believed that she had injured her arm.

c. A witness testifies during direct examination that the she doesn't believe she will get a fair trial because the local newspaper has been publishing artcles with headlines like "The Defendant Did It."

d. A witness testifies during direct examination that immediately after she was fired from her job, she called her lawyer and said "I think I just got fired because of my plans to take maternity leave!"

Answer 1

1). A). An individual who is traveling through a state and allegedly causes damage while there.

in personam jurisdiction (also known as personal jurisdiction, and it means over a person). So how are these types of jurisdiction determined? Both territorial jurisdiction and subject matter are almost exclusively granted jurisdiction by a statute. A state's legislature passes laws that confer the boundaries of the courts and establishes which subjects a particular court can hear.

2). A). The letter was referenced and entered into evidence during the witness' direct examination.

The purpose of direct examination and witness statements is to convince the arbitral tribunal that the position of the party presenting the witness is correct. Hence, the testimony (be it oral or in writing) must be clear, coherent, and consistent with other means of evidence on record.

3). C). A witness testifies during direct examination that the she doesn't believe she will get a fair trial because the local newspaper has been publishing artcles with headlines like "The Defendant Did It."

A defendant is a person who must defend his or her actions in court. Defendants may be defending themselves against a criminal or civil charge or have had a court claim for money brought against them. In a criminal trial, a defendant is called the accused. Sometimes several defense lawyers represent the accused person.