[Revenge] Tamra,a First Year Law Student,slipped on a Freshly Mopped

question 67

Multiple Choice

[Revenge] Tamra,a first year law student,slipped on a freshly mopped floor while walking to class.She bumped into Anton,another first year law student,breaking his glasses.He was very angry with Tamra and let the air out of one of her car tires.Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Anton sued Tamra in state court.Tamra,in the same lawsuit,brought an action against Anton for letting the air out of her tire.At the trial in state court,Tamra told the judge that a friend,Aimee,told Tamra that she saw Anton let the air out of Tamra's tire.The judge disallowed Tamra's testimony on that issue.Aimee also came to court and testified about seeing Anton let the air out of the tires.The state court judge ruled in favor of Tamra.Anton said that he was not giving up and that he would seek double damages on appeal in federal court.Tamra and Anton live in different states when not attending school.After the trial,Tamra reported Anton's action of letting the air out of her tire to the police,who said that they would proceed with a criminal action against Anton.Anton goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.
-What should Alex say to Anton regarding an appeal filed in federal court?

• A)He should tell Anton that the federal appeal looks good only if Aimee does not come to testify in person.
• B)He should tell Anton to forget about a federal court appeal because an appeal from a state trial court would not be to federal court.
• C)He should tell Anton that the federal appeal looks good only if Anton can get Tamra to admit she was negligent.
• D)He should tell Anton that a federal appeal looks promising and that he will be glad to represent Anton for an hourly rate of $400.
• E)He should tell Anton that the federal appeal is not possible unless Anton first gets the trial court judge to certify the case to federal court.

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Definitions:

Constitutional Basis

The underlying principles and established precedents that form the foundation for a country’s constitution and legal system.

Right to Privacy

The right to be free from intrusion or interference by others in one's personal affairs.

Supreme Court

The highest judicial court in a country or jurisdiction, which has the ultimate authority to adjudicate in appeals on the interpretation of laws.

Establishment Clause

A part of the First Amendment to the U.S. Constitution that prohibits the government from establishing an official religion or unduly favoring one religion over others.