Deck 3: Civil Dispute Resolution

Question 1

A U.S.Court of Appeals is the final step in the appeal process within the federal court system.

Answer 1

False

Question 2

The federal courts have jurisdiction over all matters that have not been given exclusively to the state courts by the
Constitution or Congress.

Answer 2

False

Question 3

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.

Answer 3

True

Question 4

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

Question 5

The U.S.District Court is the trial level court in the federal court system.

Question 6

Venue has to do with which state has jurisdiction over the subject matter of a lawsuit.

Question 7

In the United States, there is never a right to a jury trial in a civil case.

Question 8

The federal courts and the state courts can have concurrent jurisdiction over the same case.

Question 9

If a plaintiff in a civil lawsuit wins the case but the defendant does not pay the judgment, the plaintiff may request the clerk to issue a writ of execution.If the writ is returned unsatisfied, certain property of the defendant may be seized by the sheriff and sold to pay the judgment.

Question 10

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision, which is binding upon the parties.

Question 11

Congress enacted legislation that almost completely eliminated the right to appeal to the U.S.Supreme Court.

Question 12

On appeal, neither party may bring new evidence to the court.

Question 13

The federal courts only have jurisdiction to hear cases involving federal law.

Question 14

The decisions of the U.S.Court of Appeals are binding on the other federal courts except for the U.S.Supreme
Court.

Question 15

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S.Supreme
Court.

Question 16

All states have at least one federal judicial district and some, more populous states have more than one.

Question 17

The U.S.Supreme Court has original jurisdiction in certain types of cases.

Question 18

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

Question 19

The United States Supreme Court is staffed by judges who receive lifetime appointments from the President, subject to confirmation by the Senate.

Question 20

A quorum of the U.S.Supreme Court consists of any five justices.

Question 21

In rem jurisdiction refers to jurisdiction over the person.

Question 22

A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.

Question 23

In making conflict of law decisions, judges need not be concerned about choosing what laws to follow since conflict of law rules are the same from state to state.

Question 24

The purpose of venue is to regulate the distribution of cases within a specific court system and to identify a convenient forum.

Question 25

Pleadings are a series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses.

Question 26

A demurrer is a motion filed by a defendant denying the allegations of the complaint.

Question 27

A pretrial conference between the judge and the attorneys representing the parties in a lawsuit is held to simplify the issues in dispute and to encourage settlement of the dispute without trial.

Question 28

Often arbitration is preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Question 29

If a defendant fails to respond to a summons, a default judgment will be entered against the defendant for the relief the court determines in a hearing.

Question 30

Federal courts have limited subject matter jurisdiction.

Question 31

An appeal from a small claims court is taken to the state court of appeals, where a trial de novo is begun.

Question 32

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

Question 33

Attachment jurisdiction is jurisdiction over property.

Question 34

The purpose of pleadings is to give notice and to establish what issues of fact and law are disputed.

Question 35

A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear a particular case.

Question 36

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Question 37

In a typical case before a U.S.Court of Appeals, all the judges of the circuit sit en banc to decide the case.

Question 38

The jury in a jury trial decides issues of fact.

Question 39

Stare decisis has no application in a dual court system.

Question 40

A directed verdict is a judge's final binding determination on the merits after a jury's verdict.

Question 41

The "discovery" stage of a trial includes which one of the following?

A)Production of documents
B)Selection of jury
C)Cross examination of witnesses
D)Arrest of suspect

Question 42

The pleadings in a lawsuit include:

A)the complaint and answer
B)the depositions.
C)written interrogatories.
D)evidence presented in trial

Question 43

A decision of the Supreme Court of Washington would always be binding on:

A)a federal district court in Washington.
B)a state trial court in Washington.
C)the U.S.Court of Appeals for the 9th Circuit.
D)a state trial court in Oregon.

Question 44

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle.Bill may bring suit in federal district court:

A)because of federal question jurisdiction.
B)because there is always jurisdiction if there is diversity of citizenship.
C)if the amount in controversy is over $75,000.
D)if the accident occurred outside of Illinois or Wisconsin.

Question 45

Which of the following may a U.S.Court of Appeals NOT do in ruling on a case?

A)Reverse the judgment of the lower court.
B)Remand or send it back to the lower court.
C)Rehear the case by taking testimony of the witnesses.
D)Affirm the judgment of the lower court.

Question 46

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

A)conciliation.
B)negotiation.
C)consensual arbitration.
D)compulsory arbitration.

Question 47

A traffic offense, such as a speeding ticket, would be heard by a:

A)U.S.District Court.
B)state inferior trial court.
C)state probate court.
D)U.S.Court of Federal Claims.

Question 48

The U.S.Supreme Court reviews most decisions of lower courts by:

A)the mandatory writ of certiorari.
B)the discretionary writ of certiorari.
C)appeal by right.
D)appeal in rem.

Question 49

Janet is called for jury duty and is selected for possible service on a jury.However, when the defendant's attorney sees her, he notices that she is wearing a green dress.Both the defendant and the defendant's attorney hate green dresses.If the defendant's attorney strikes her name from the jury because of the dress color:

A)this is a valid challenge for cause.
B)this is a valid peremptory challenge.
C)this is not a valid challenge.
D)the plaintiff's attorney can have Janet serve by making an offer of proof to the judge.

Question 50

Once a plaintiff has filed a complaint, the clerk of the court issues a notice that a suit has been brought.

A)writ of execution
B)summons
C)deposition
D)demurrer

Question 51

Which of the following is NOT considered to be an alternative method of dispute resolution?

A)Special verdict
B)Negotiation
C)Conciliation
D)Mediation

Question 52

The federal courts do not have exclusive jurisdiction over:

A)federal criminal prosecutions.
B)trademark and copyright cases.
C)issues involving state constitutions.
D)bankruptcy cases.

Question 53

When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case, the judge grants a:

A)judgment on the verdict.
B)motion for judgment notwithstanding the verdict.
C)directed verdict.
D)motion for a new trial.

Question 54

Bankruptcy cases are heard by:

A)the U.S.Bankruptcy Courts within the federal court system.
B)only special courts within the state court system.
C)either federal or state courts.
D)the U.S.Court of Appeals for the Federal Circuit, if an appeal is made.

Question 55

Janet's husband, Paul, is called for jury duty and is selected for possible service on a jury.However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news.The defendant asks the judge to excuse Paul from serving on the jury.If the judge agrees:

A)this is a valid challenge for cause.
B)this is a valid peremptory challenge.
C)this is not a valid challenge.
D)the plaintiff's attorney can have Paul serve by making an offer of proof to the judge.

Question 56

Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

A)once resided in State A.
B)uses a product produced in State A.
C)made a contract in State A.
D)has relatives in State A.

Question 57

Appellate judges can reverse a decision of the trial court:

A)where any error below is found.
B)only where there was an error that prejudiced the decision.
C)only where the outcome of the case is clearly wrong.
D)where the losing party desires a new trial.

Question 58

With a findings.

A)general verdict
B)special verdict
C)voir dire
D)quasi in rem

Question 59

On a federal question, a decision of the Sixth Circuit Court of Appeals:

A)may be persuasive but is not binding on a Tennessee court.
B)is binding on a Tennessee court.
C)has no effect on any state court.
D)is binding on all other federal appeals courts.

Question 60

The procedural stage of a lawsuit after the pleadings but before trial is the:

A)peremptory challenge stage.
B)pretrial stage, including discovery.
C)special verdict stage.
D)offer of proof stage.

Question 61

When a trial is conducted with a jury, the judge determines issues of

A)evidence, law
B)law, evidence
C)law, fact
D)fact, law

Question 62

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas.Able files, in Kansas, a lawsuit regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction.In this case:

A)only the Iowa courts can hear the lawsuit.
B)the Iowa federal district court can hear the suit based on diversity of citizenship.
C)the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
D)the Kansas federal district court can hear the suit based upon diversity of citizenship.

Question 63

The U.S.Supreme Court in applying the doctrine of stare decisis is:

A)rigidly bound by its own decisions.
B)subject to a majority decision by the federal appellate courts.
C)not rigidly bound by its own decisions.
D)bound on all federal questions by state and lower federal court decisions.

Question 64

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as jurisdiction.

A)quasi in rem
B)in personam
C)in rem
D)forum non conveniens

Question 65

Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.In this case:

A)Alice can attach Bill's automobile in Ohio to satisfy her court judgment.
B)Alice must go to Kentucky to satisfy her judgment.
C)Alice has no recourse against Bill because he has left the state.
D)Ohio has no jurisdiction over Bill because he is a resident of Kentucky.

Question 66

Midway Corporation is incorporated in Delaware, but it has its principal place of business in Minnesota.It does much of its business in California.For purposes of diversity of citizenship, Midway is a resident of:

A)Delaware.
B)Minnesota.
C)both Delaware and Minnesota.
D)Delaware, Minnesota, and California.

Question 67

Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which she now wishes to execute.David owns hundreds of acres of beach-front property in California.Patricia may execute her judgment in California based on what type of jurisdiction?

A)Subject matter jurisdiction
B)Concurrent federal jurisdiction
C)Quasi in rem jurisdiction
D)Diversity of citizenship jurisdiction

Question 68

Which is NOT TRUE about a pretrial conference?

A)It is a meeting between the attorneys and their clients to discuss issues and fees.
B)It is held to encourage settlement of a dispute without a trial.
C)It involves the judge and the attorneys representing the parties to a dispute.
D)The purpose is to simplify the issues in dispute.

Question 69

State trial courts of general jurisdiction:

A)may be called county, district, common pleas, or superior courts.
B)have a dollar limitation on their jurisdiction in civil cases.
C)cannot hear criminal cases.
D)maintain no formal records of their proceedings.

Question 70

In diversity of citizenship cases, federal courts apply:

A)federal substantive and procedural law.
B)state substantive and procedural law.
C)state procedural and federal substantive law.
D)federal procedural and state substantive law.

Question 71

Personal jurisdiction:

A)may be obtained by personally serving a person within a state if that person is domiciled in that state.
B)is also known as in rem jurisdiction.
C)is obtained by seizing the defendant's property.
D)may arise only through a party's consent.

Question 72

An example of a special court in the federal judicial system is the:

A)U.S.Court of Federal Claims.
B)Federal District Court.
C)U.S.Supreme Court.
D)U.S.Court of Appeals.

Question 73

Court-annexed arbitration:

A)is used in a growing number of federal courts, but is not being used in state courts.
B)is used in civil cases in which the parties seek limited amounts of damages.
C)typically uses arbitrators who are medical doctors since cases using this kind of arbitration are medical malpractice disputes.
D)results in a binding award which cannot be appealed to the courts.

Question 74

Explain the process of jury selection and the differences in the types of challenges.In addition, discuss the implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.

Question 75

A quorum consists of how many justices on the U.S.Supreme Court?

A)3
B)5
C)6
D)7

Question 76

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York.His damages amount to $75,000, and he wants to sue.The case can be brought:

A)only in the New York state courts.
B)only in the New York federal court.
C)only in the Illinois state courts.
D)in either the New York state courts or the New York federal court.

Question 77

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

Question 78

The decision of an arbitrator is called a(n):

A)verdict.
B)judgment.
C)award.
D)binding decision.

Question 79

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit). Andrew believes the case involves a significant issue of U.S.Constitutional law.He would like to have the United
States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

A)forum non conveniens.
B)writ of certiorari.
C)stare decisis.
D)appellate novus

Question 80

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

A)motion for directed verdict.
B)offer of proof.
C)demurrer.
D)motion for a new trial.