Deck 3: Courts and Jurisdiction

Question 1

The Circuit Courts of Appeal usually hear cases as a three-judge panel.

Answer 1

True

Question 2

The Court of Appeals for the Federal Circuit was created in the Constitution.

Answer 2

False

Question 3

The geographical area served by each United States District Court is referred to as a precinct.

Answer 3

False

Question 4

State limited-jurisdiction trial courts,which are commonly referred to as superior trial courts,hear matters of a specialized or limited nature.

Question 5

Article III of the United States Constitution authorizes Congress to establish "inferior" federal courts.

Question 6

The special federal courts established by Congress have unlimited jurisdiction.

Question 7

Each state has a separate,independent court system.

Question 8

The United States District Court is the general jurisdiction trial court in the federal system.

Question 9

Most federal cases originate in United States Courts of Appeal.

Question 10

Intermediate appellate courts review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision.

Question 11

The state's highest court is always called the State Supreme Court.

Question 12

An intermediate appellate court generally provides the parties an additional opportunity to present evidence.

Question 13

Each state has only one U.S.District Court.

Question 14

Examples of special federal courts include the U.S.Court of Federal Claims,the U.S.Court of International Trade,and the U.S.Bankruptcy Court.

Question 15

General jurisdiction trial courts are also called courts of record.

Question 16

General-jurisdiction trial courts are commonly referred to as courts of inquisition.

Question 17

An inferior court is a court whose decision must be approved by a higher court in order to be effective.

Question 18

There are no juries in federal District and the Circuit Courts of Appeal.

Question 19

The decisions of small claims courts are not appealable to general-jurisdiction trial courts or appellate courts.

Question 20

Because limited-jurisdiction courts are appellate courts,evidence can be introduced and testimony can be given.

Question 21

The Court of Appeals for the Federal Circuit has special appellate jurisdiction to review the decisions of the Court of Federal Claims,the Patent and Trademark Office,and the Court of International Trade.

Question 22

There are 13 federal judicial circuits.

Question 23

There can be concurring decisions filed in any U.S.Supreme Court case regardless of the type of decision.

Question 24

The Chief Justice of the U.S.Supreme Court is always the justice who has served on the court the longest.

Question 25

Only unanimous decisions of the U.S.Supreme Court become precedent.

Question 26

The U.S.Supreme Court takes approximately one-half the cases for which petitions for certiorari are filed.

Question 27

The main office of the 4th Circuit of the United States Court of Appeals is located in Richmond,Virginia.

Question 28

Decisions of the U.S.Supreme Court are final and cannot be appealed.

Question 29

If a majority of the U.S.Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome of it,it is a concurring decision.

Question 30

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a deferring opinion that sets forth his or her reasons for deciding the case.

Question 31

United States Supreme Court justices are nominated by the Senate and confirmed by the president.

Question 32

The U.S.Supreme Court has one (1)chief justice and eight (8)associate justices.

Question 33

If a U.S.Supreme Court decision results in a tie vote,the lower court decision is affirmed.

Question 34

A petitioner who wants the U.S.Supreme Court to hear a case must file a petition for certiorari.

Question 35

All justices on the U.S.Supreme Court,including the chief justice,have an equal vote.

Question 36

The main office of the 9th Circuit of the United States Court of Appeals is located in Washington,D.C.

Question 37

A decision of the U.S.Supreme Court that is known as a "plurality decision" means that less than six of the justices agreed to the reasoning used to decide the case.

Question 38

If a U.S Supreme Court decision results in a tie vote,the case is remanded to the Court of Appeals for a new trial.

Question 39

Since nine (9)justices serve on the United States Supreme Court,it is impossible for the Supreme Court to have a tie decision.

Question 40

If a majority of the U.S.Supreme Court justices agree as to the outcome and reasoning used to decide a case,it is a plurality decision.

Question 41

The dollar amount of the controversy must exceed $75,000 for diversity jurisdiction in federal court.

Question 42

Federal courts have limited jurisdiction to hear cases involving a federal question or diversity of citizenship.

Question 43

By filing a lawsuit with a court,a plaintiff gives the court in personam jurisdiction over himself or herself.

Question 44

Regarding diversity of citizenship matters,corporations are considered to be citizens of every state they do business in.

Question 45

There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.

Question 46

To bring a lawsuit,a plaintiff must have standing to sue.

Question 47

Diversity of citizenship cases may be brought in either state or federal court.

Question 48

All tax-paying American citizens have a Constitutional right to begin a lawsuit in the federal court system rather than a state court system if they so choose.

Question 49

"Federal question" cases are case arising under the United States Constitution,treaties,and federal statutes and regulations.

Question 50

Venue requires that lawsuits be heard by the court with jurisdiction nearest the location in which the incident occurred or where the parties reside.

Question 51

The term "venue" refers to the location at which the trial may be had.

Question 52

The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed.

Question 53

Federal courts have non-exclusive jurisdiction to hear cases involving federal crimes,antitrust,bankruptcy,patent and copyright cases,and suits against the United States.

Question 54

Jurisdiction over a person is called in rem jurisdiction.

Question 55

A forum-selection clause allows parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

Question 56

State and federal courts have concurrent jurisdiction over some matters.

Question 57

Even though it involves a nonfederal subject matter question,a case may be brought in federal court if there is diversity of citizenship.

Question 58

There is no dollar-amount restriction on "federal question" cases that can be brought in federal court.

Question 59

Diversity of citizenship occurs if a lawsuit involves: 1)citizens of different states; or 2)a citizen of a state and a citizen or subject of a foreign country.

Question 60

Subject matter jurisdiction is not necessary in a lawsuit where there is in rem jurisdiction.

Question 61

Which of the following statements is generally not true about state intermediate appellate courts?

A) The appellate court reviews the record of the trial court.
B) The appellate court usually allows the parties to file briefs outlining support for their positions.
C) The appellate court allows the parties to make oral arguments outlining their position.
D) The appellate court allows the parties to introduce new evidence, so long as it was not previously introduced at the original trial.
E) Appellate court decisions are appealable to the state's highest court.

Question 62

The only way that in personam jurisdiction can be obtained against a defendant in state court is to have the summons served on that person within the territorial boundaries of the state.

Question 63

The following are examples of limited jurisdiction trial courts except:

A) small claims court.
B) appellate court.
C) family law court.
D) traffic court.
E) probate court.

Question 64

Service of process is permitted during a special appearance.

Question 65

The only state to maintain a separate court to decide business-related matters is:

A) New York.
B) California.
C) Illinois.
D) Texas.
E) Delaware.

Question 66

The exercise of long-arm jurisdiction is generally permitted over nonresidents who have committed torts within the state.

Question 67

General-jurisdiction trial courts are often referred to as courts of ________.

A) substance
B) appeal
C) review
D) record
E) equity

Question 68

Intermediate appellate courts are also called ________ courts.

A) trial
B) equity
C) inferior
D) superior
E) appellate

Question 69

In most states,a state court can obtain jurisdiction in a civil lawsuit over persons and businesses located in another state or country through the state's "rubber-arm" statute.

Question 70

Quasi in rem jurisdiction is jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

Question 71

An inferior trial court is one that:

A) can hear only matters involving relatively small dollar amounts.
B) has had a larger than normal portion of its decisions overturned on appeal.
C) has an appointed judge rather than an elected judge.
D) can only hear certain kinds of cases.
E) must have all of its decisions approved by a higher court before they become effective.

Question 72

Each state has a highest court in its court system.Most states call this highest court the state ________ court.

A) superior
B) supreme
C) appellate
D) trial
E) civil

Question 73

Decisions of a state inferior trial court are generally appealed to:

A) the state general trial court.
B) the state intermediate appellate court.
C) either the state general trial court or the state intermediate appellate court.
D) the federal District Court.
E) the federal Court of Appeals.

Question 74

State limited-jurisdiction trial courts are sometimes referred to as ________ trial courts.

A) inferior
B) superior
C) subordinate
D) predominant

Question 75

Under the Supremacy Clause of the United States Constitution,a judgment of a court of one state must be recognized by the courts of another state.

Question 76

In order to subject a Florida resident to the jurisdiction of a Delaware court,Delaware may ask Florida to effect service of process on a Florida resident if Delaware can show that the Florida resident had at least minimum contact within Delaware.

Question 77

In rem jurisdiction means jurisdiction over the property of the lawsuit.

Question 78

Even if one or more of the disputing parties lives in another state or states,a state court would have jurisdiction to hear a dispute over the ownership of a piece of real estate located within the state.

Question 79

A party who disputes the jurisdiction of a court can make a general appearance in that court to argue against imposition of jurisdiction.

Question 80

Quasi in rem jurisdiction is commonly referred to as detachment jurisdiction.