Question
When is a claim or defense considered frivolous?
Step 1
A claim or defense is considered frivolous when it lacks any legal merit or is not grounded in fact or law. Show more…
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1. Bob and Ted are plaintiffs in a lawsuit. Carol and Alice are defendants. If Carol asserts a claim against Alice in that lawsuit, a. it is a counterclaim b. it is a defense c. it is a cross-claim d. it will be stricken if it upsets Alice e. she will need a really good lawyer. 2. Dr. Feel has been sued for fraud. During the jury selection process, juror number 6 states that she cannot be fair and impartial because she has already formed the opinion that Feel is an offensive idiot and a crook. Feel's lawyer should a. object, that is rude b. exercise a peremptory challenge c. ignore that juror because she is a loudmouth and obviously ill-informed d. exercise a challenge for cause e. file an answer. 3. Toto is a citizen of Kansas. Dorothy is a citizen of Maine. They are involved in an automobile accident in Maine, and Dorothy plans to file a civil lawsuit against Toto in Maine to recover $65,000.00 in damages. Which court(s) would have jurisdiction over both Toto and Dorothy? a. a federal district court b. the Maine court of Appeals c. a trial court in Maine d. a Kansas trial court e. the court of the Wicked Witch of the West. 4. Judge Larry (formerly of Larry, Moe & Curly, LLP) is the presiding judge in the state probate court presiding over the Anna Nicole Smith case. State probate courts have exclusive jurisdiction over probate matters. Smith's mother has threatened to remove the case to federal court. Which of the following is true? a. the federal court will have jurisdiction because the matter is one of national importance b. federal courts have no power because the probate court has exclusive jurisdiction c. federal courts and probate courts have concurrent jurisdiction, so the federal court might hear the case d. Judge Larry will get his own TV show and rival Judge Judy in the ratings e. the federal court will have jurisdiction because possession of a dead body is a federal question. 5. Martha Stewart has filed a lawsuit against Ann Poltergeist in federal court. Poltergeist is busy counting angels dancing on the head of a pin and making offensive statements and forgets to answer. Which of the following is likely? a. the court will enter a default verdict b. the court will enter a default judgment c. the federal marshal will arrest Poltergeist d. this is unrealistic, Martha is banned from federal court e. the court will enter both a default judgment and a default verdict.
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