Deck 3: The Court System and Dispute Resolution

Question 1

A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.

Answer 1

False

Question 2

The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court.

Answer 2

False

Question 3

When a case is remanded, the lower court must conduct additional proceedings.

Answer 3

True

Question 4

An appellate court's role is to take additional evidence after a trial has ended.

Question 5

An appellate court reversal requires a unanimous vote by the reviewing judges.

Question 6

In personam jurisdiction is the authority of a court over the subject matter of the case.

Question 7

A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the suit.

Question 8

Every trial has a jury to decide it for the parties.

Question 9

Arbitration is merely mediation that is forced upon one party.

Question 10

The principle of stare decisis requires that all similar cases be decided the same way.

Question 11

Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.

Question 12

State supreme court decisions can be appealed to the U.S. Supreme Court.

Question 13

A lawsuit begins with an answer which is closely followed by discovery.

Question 14

A brief is written by the trial judge.

Question 15

Voir dire helps to evaluate potential jurors for bias in a case.

Question 16

There are 13 federal judicial circuits.

Question 17

The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction.

Question 18

Subject matter jurisdiction must be established in the complaint.

Question 19

Decisions of the federal district court are reported in the Federal Reporter .

Question 20

The party who appeals a decision is called an appellant.

Question 21

A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.

Question 22

A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.

Question 23

Depositions are only for pre-trial use.

Question 24

Mediation is normally binding on the parties.

Question 25

State supreme courts have original jurisdiction in some circumstances.

Question 26

Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings.

Question 27

State supreme court decisions cannot be appealed.

Question 28

Federal district courts are the general trial courts of the federal system.

Question 29

A case that is remanded requires further procedures.

Question 30

Specialty courts exist in both the state and federal systems.

Question 31

The U.S. Courts of Appeal use a writ of certiorari process for appeals.

Question 32

An appellate court has the authority to order a new trial.

Question 33

Generally, three judges review a case at the court of appeals level in both the state and federal levels.

Question 34

The International Court of Justice can compel parties to appear before it.

Question 35

Peremptory challenges are typically unlimited.

Question 36

A reversible error occurs only when evidence rules were violated.

Question 37

An en banc hearing is one in which all the judges participate.

Question 38

Oral arguments are not allowed in appellate courts.

Question 39

The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a U.S. firm is involved.

Question 40

An appellate court can require that a new trial be held.

Question 41

A reversible error is:

A)any mistake made in a case.
B)one that might have affected the outcome of a case.
C)determined during a motion for summary judgment.
D)an error that is caught before the end of the trial.

Question 42

An individual's residence for legal cases is the state to which the individual pays income taxes.

Question 43

Which of the following is the general trial court of the federal system?

A)Federal district court
B)Court of Claims
C)U)S. Court
D)Supreme Court

Question 44

The ADR organization is the largest provider of arbitration services in the United States.

Question 45

Dicta is the:

A)rule of law in a case opinion.
B)case cite.
C)discussion of a decision.
D)precedent in a case.

Question 46

An attorney:

A)must reveal a client's confession of a crime.
B)cannot represent a guilty party.
C)must see that his/her client's rights are protected.
D)can violate the law to protect a client.

Question 47

U.S. Supreme Court opinions are reported in three different reporter series.

Question 48

In which of the following cases would there be federal subject matter jurisdiction?

A)A case in which the Justice Department is prosecuting for criminal violations of the Sherman Act
B)A case in which a Texas resident is suing a Wisconsin company for a refund of $1,000.00
C)A case in which two Arizona partners are suing each other
D)Aa case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws

Question 49

Precedent is not followed when:

A)the facts of a case can be distinguished as being different from the previous case.
B)a court believes that a change of law is socially or morally mandated.
C)technology or other significant circumstance has changed.
D)All of the above

Question 50

The oral testimony of parties or witnesses that takes place outside the courtroom and before the trial is called determination.

Question 51

In personam jurisdiction:

A)refers to jurisdiction over the parties in a case.
B)can be based on the subject matter of the case.
C)is based on constitutional standards of residence.
D)is only applied in federal courts.

Question 52

Which of the following reports the opinions of federal district courts?

A)Federal Supplement
B)Federal Reporter
C)Federal district court opinions are not reported
D)None of the above

Question 53

True small claims courts do not permit lawyers to represent the parties in the proceedings.

Question 54

Which of the following names apply to the party who appeals the trial court decision?

A)Respondent
B)Appellant
C)Appellee
D)Defender

Question 55

A potential juror may be asked questions about some racial beliefs during voir dire .

Question 56

Petition is another term for the complaint.

Question 57

Case precedent is:

A)always followed.
B)followed if it is within the state.
C)examined in each case and is always followed.
D)part of the doctrine of stare decisis .

Question 58

When a case is remanded:

A)it is affirmed.
B)it is sent back to the trial court.
C)it is completed.
D)precedent is not being followed.

Question 59

If a plaintiff's home country provides an adequate remedy for a wrong, the case cannot be heard in the United States.

Question 60

The defendant in a trial does not have to release any evidence prior to the beginning of the trial.

Question 61

Discovery is:

A)conducted pre-trial.
B)conducted post-trial.
C)required to assure the trial proceeds as an ambush.
D)is unlimited.

Question 62

A writ of certiorari :

A)is issued for every case appealed to the U.S. Supreme Court.
B)applies only to cases of original jurisdiction.
C)is an order issuing a decision to hear a case.
D)is a brief explanation of the Supreme Court's decision in a case.

Question 63

Which of these does not happen in discovery?

A)Requests for production
B)Appeals
C)Requests for admissions
D)Physical examinations and reports from them

Question 64

Which is an advantage of arbitration?

A)It is always binding
B)It is slower than litigation
C)It is less costly than litigation
D)Its procedures are more complicated than litigation

Question 65

A writ of certiorari is:

A)a reversal by an appeals court of a lower court decision.
B)a refusal to review a lower court decision.
C)a reduction in damages awarded by the trial court.
D)an order granting review of a case.

Question 66

Long-arm statutes:

A)give state courts automatic jurisdiction over out-of-state defendants.
B)have been ruled unconstitutional.
C)are simply procedural statutes that still require minimum contacts for use.
D)None of the above

Question 67

How many U.S. Courts of Appeal are there?

A)Nine
B)At least one for every state
C)Thirteen
D)One for every electoral district (based on population)

Question 68

Regional reporters:

A)are for the federal system.
B)include the opinions of state supreme courts.
C)include the opinions of the U.S. Supreme Court.
D)are the same as the federal reporters.

Question 69

Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never delivered. Where will Watkins properly file suit?

A)Federal district court in Montana
B)Federal district court in Kansas
C)State court in Montana
D)State court in Kansas

Question 70

How many federal district courts are there?

A)Nine
B)At least one for every state
C)Thirteen
D)One for every electoral district (based on population)

Question 71

Which of the following would not be a cite for a U.S. Supreme Court opinion?

A)411 U.S. 292
B)93 S. Ct. 1011
C)43 L.Ed.2d 33
D)798 F.2d 1214

Question 72

To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:

A)federal district court.
B)U)S. Court of Appeals.
C)U)S. Court of Claims.
D)U)S. Tax Court.

Question 73

Which of the following is not a specialized court in the federal system?

A)Tax court
B)Bankruptcy court
C)Probate court
D)All of the above are specialty courts in the federal system.

Question 74

A small claims court:

A)is a court where diversity cases are heard.
B)is a court where no attorneys are used.
C)is a general jurisdiction court.
D)is part of the federal system.

Question 75

A juror during voir dire gives responses that makes the plaintiff's attorney believe that the juror is biased against the plaintiff, but the plaintiff's attorney cannot convince the judge of this bias. The plaintiff's attorney decides to strike or remove this juror. This is known as a ____ challenge.

A)cause
B)peremptory
C)JNOV
D)prejudice

Question 76

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit:

A)is properly brought in federal court in Vermont because the drivers were residents of different cities.
B)is properly brought in Vermont's general trial court.
C)is properly brought in U.S. Court of Claims since two U.S. citizens were involved.
D)None of the above

Question 77

When a jury is deadlocked in a case, the jury is said to be a _____ jury.

A)grumpy
B)hung
C)prima facie
D)directed

Question 78

Small claims courts are:

A)federal specialty courts.
B)also known as probate courts.
C)also known as courts of claim.
D)part of the state court system.

Question 79

Which of the following suits could be properly heard in federal district court?

A)A suit between two contracting parties in one state over a UCC interpretation question
B)A suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington
C)A suit challenging the constitutionality of a state's death penalty statute
D)All of the above

Question 80

Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed several of the suppliers' watch faces on his customers' watches. A strange chemical reaction between perspiration and the faces of the watches caused Ralph's customers to develop rashes and nausea, with some requiring hospitalization. Ralph wishes to bring suit to recover damages ($75,000)from the Escondido supplier. Which of the following statements is true?

A)Ralph must bring suit in California to gain jurisdiction over the supplier.
B)Ralph has a diversity action that can be brought in federal court.
C)Ralph will not be able to bring suit in Arizona because there are no contacts in the state.
D)None of the above