QUIZ 3

Parties to an action may be individuals as well as entities such as partnerships and corporations.

1. True
2. False

When naming a partnership as a party to a lawsuit, do not name the individual partners as parties.

1. True
2. False

When naming a corporation as a party to a lawsuit, you should name the individual shareholders as parties to the lawsuit.

1. True
2. False

The plaintiff to the action must be the real party in interest.

1. True
2. False

An assignee is never the real party in interest in a lawsuit.

1. True
2. False

Subrogation occurs when one party becomes obligated to pay for the loss sustained by another.

1. True
2. False

A lawsuit must be brought by and against parties that have a legal capacity to sue or defend the action.

1. True
2. False

A plaintiff should join any party in the litigation if that party’s presence is required to grant complete relief.

1. True
2. False

Permissive joinder of parties means that the joinder is allowed, but not required by the court.

1. True
2. False

The doctrine of intervention allows an interested party to join in a pending lawsuit even not originally named in the lawsuit.

1. True
2. False

Superior courts in California may hear all types of cases.

1. True
2. False

Subject matter jurisdiction refers to the power of a court to hear particular matters.

1. True
2. False

Superior courts are courts of general jurisdiction.

1. True
2. False

The main limitation of superior court is that they cannot hear cases involving claims of $50,000 or less.

1. True
2. False

Federal district courts are courts of unlimited jurisdiction.

1. True
2. False

In federal court cases, subject matter jurisdiction must be plead in the complaint.

1. True
2. False

Removal is a procedure whereby the defendant may transfer a case filed in state court to federal district court.

1. True
2. False

A court does not need subject matter jurisdiction as long as the court has personal jurisdiction over the defendant.

1. True
2. False

In personam jurisdiction refers to the court’s power to personally bind the parties to the court’s judgment

1. True
2. False

An in rem action involves property that is located in a foreign state.

1. True
2. False

Quasi in rem jurisdiction allows a plaintiff to use a defendant’s property to satisfy a claim as long as the property is in the state.

1. True
2. False

Due process is always a problem when the defendant is a resident of the forum state.

1. True
2. False

Service of process refers to the actual delivery of the legal document to the defendant.

1. True
2. False

Due process issues do not arise for plaintiffs since by initiating suit a plaintiff is considered to have voluntarily submitted to the court’s jurisdiction.

1. True
2. False

Venue refers to the geographical district in which a lawsuit may be heard.

1. True
2. False