Deck 3: Courts, Jurisdiction, and Administrative Agencies

Question 1

In general jurisdiction trial courts,the testimony and evidence at trial are recorded and stored for future reference.

Answer 1

True

Question 2

Appellate court decisions are final and cannot be appealed to any higher courts.

Answer 2

False

Question 3

Which of the following statements is true of intermediate appellate courts?

A)They hear new evidence and testimony that have come to light after the trial courts have made their decision.
B)They do not grant any oral hearings to the parties.
C)They only have jurisdiction to hear cases of a limited or specialized nature.
D)They review either pertinent parts or the whole trial court record from the lower court.

Answer 3

D

Question 4

Which of the following is a function of the state supreme courts?

A)conducting trials related to misdemeanor criminal law
B)hearing appeals from intermediate appellate state courts and certain trial courts
C)conducting trials related to felonies and civil disputes
D)reviewing the judgments and records of the lower courts and ratifying them

Question 5

________ refers to a court that hears appeals from trial courts.

Question 6

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S.Supreme Court.

Question 7

Which of the following courts are the federal court system's trial courts of general jurisdiction?

A)U.S.district courts
B)U.S.Tax Courts
C)U.S.courts of appeals
D)U.S.courts of federal claims

Question 8

________ hears appeals from trial courts.

A)The highest state court
B)A court of record
C)An inferior trial court
D)An intermediate appellate court

Question 9

________ are courts that hear matters of a specialized or limited nature.

A)General-jurisdiction trial courts
B)Inferior trial courts
C)Intermediate appellate courts
D)Chancery courts

Question 10

The intermediate appellate courts do not allow the parties to have oral hearings.

Question 11

In small claims courts,it is necessary that the parties are represented by a lawyer at all times.

Question 12

Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S.Supreme Court.

A)courts of appeals
B)courts of records
C)highest state courts
D)general-jurisdiction trial courts

Question 13

Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.

Question 14

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

A)Courts of record
B)Intermediate appellate courts
C)Inferior trial courts
D)State supreme courts

Question 15

The decisions handed down by the general jurisdiction trial courts are appealable to an intermediate appellate court or the state supreme court.

Question 16

No new evidence or testimony is heard in the state supreme courts.

Question 17

The ________ established by Congress have limited jurisdiction.

A)state supreme courts
B)state appeals courts
C)special federal courts
D)courts of records

Question 18

General jurisdiction trial courts can be found in every state.

Question 19

A decision of a limited-jurisdiction trial court can be appealed at a general jurisdiction court or an appellate court.

Question 20

________ refers to a court's jurisdiction over the parties to a lawsuit.

Question 21

Which of the following statements is true of the U.S.Supreme Court?

A)The U.S.Supreme Court's decisions are appealable.
B)The U.S.Supreme Court hears appeals only from the federal circuit courts of appeals.
C)The U.S.Supreme Court does not hear any new evidence or testimony in reviewed cases.
D)The U.S.Supreme Court does not grant any oral hearings to the parties.

Question 22

The federal district courts are empowered to impanel juries,receive evidence,hear testimony,and decide cases.

Question 23

The ________ hears cases brought against the United States.

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

Question 24

How are the justices of the U.S.Supreme Court appointed?

A)They are nominated by the President and confirmed by the Senate.
B)They are appointed by the President of the United States.
C)They are nominated and confirmed by the chief justice of the Supreme Court.
D)They are nominated by the associate justices and confirmed by the chief justice.

Question 25

In the United States,each state has only one district court.

Question 26

Which of the following courts are considered as the federal court system's intermediate appellate courts?

A)U.S.Courts of Appeals for Veterans Claims
B)U.S.courts of appeals
C)U.S.district courts
D)U.S.courts of federal claims

Question 27

Pursuant to the power given to it by Article III of the U.S.Constitution,Congress has established the U.S.district courts.

Question 28

The geographical area served by each U.S.court of appeals is referred to as a ________.

A)district
B)county
C)range
D)circuit

Question 29

Which of the following courts was created by Article III of the U.S.Constitution?

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

Question 30

In U.S.courts of appeals,the parties file legal briefs with the court and are given a short oral hearing.

Question 31

The first 12 circuits of the U.S.courts of appeals are geographical.

Question 32

In the U.S.Supreme Court,if all the justices voting agree as to the outcome and reasoning used to decide a case,it is a ________ decision.

A)tie
B)plurality
C)majority
D)unanimous

Question 33

The ________ 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.

A)U.S.District Court
B)Court of Appeals for the Federal Circuit
C)First Circuit Court
D)District of Columbia Circuit

Question 34

________ refers to an official notice that the Supreme Court will review a case.

A)Writ of certiorari
B)Stare decisis
C)En banc review
D)Sua sponte

Question 35

The U.S.Supreme Court is composed of ________ justices.

A)nine
B)six
C)ten
D)three

Question 36

Appeals from the Court of International Trade are heard by the Court of Appeals for the Federal Circuit.

Question 37

In the U.S.Circuit Courts of Appeals,an en banc review refers to an appeal heard by a three-judge panel.

Question 38

Federal judges of the U.S.district courts are appointed for 14-year terms.

Question 39

Why was the Court of Appeals for the Federal Circuit created?

A)It was created to exercise appellate jurisdiction over members of the armed services.
B)It was created to hear cases that involve federal tax laws.
C)It was created to provide uniformity in the application of federal law in certain areas,particularly patent law.
D)It was created to hear appeals from intermediate appellate state courts and certain trial courts.

Question 40

The geographical area served by each U.S.court of appeals is referred to as a(n)________.

Question 41

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

A)unanimous
B)majority
C)plurality
D)tie

Question 42

What is the jurisdiction of the U.S.Supreme Court?

Question 43

A petitioner must file a petition for certiorari,asking the Supreme Court to hear the case.

Question 44

Sue,a resident of the New York state,was visiting her aunt in Iowa.While there,her car was hit by a drunken driver named Jerry,a resident of Iowa.Sue was injured in that accident.Which of the following actions can Sue take in this scenario?

A)Sue can sue Jerry and bring the case to Iowa state court,provided that the dollar amount of the controversy exceeds $75,000.
B)Sue can file a case against Jerry in the New York state court,as she is a resident of that state.
C)Sue can file a case against Jerry only in the Iowa state court,as this is a matter that involves state negligence law.
D)Sue can sue Jerry and bring the case to Iowa federal court,as this is a case that involves diversity of citizenship.

Question 45

The decisions of the U.S.Supreme Court can be appealed to higher courts.

Question 46

________ refer to cases arising under the U.S.Constitution,treaties,or federal statutes and regulations.

A)Federal question cases
B)Diversity of citizenship cases
C)Federal crimes cases
D)Copyrights and trademarks cases

Question 47

A tie decision by the U.S.Supreme Court sets a precedent for later cases.

Question 48

The U.S.Congress gives the Supreme Court discretion to decide what cases it will hear.

Question 49

Mary won a case at the U.S.Court of Appeals.When the case was reviewed by the Supreme Court,only eight judges were present.Four of the judges voted for Mary while the other four voted against her.Which of the following would be the result of this case?

A)The case will be sent to the U.S.Court of Appeals for a review.
B)Mary will win the case,as she had already won at the U.S.Court of Appeals.
C)The case will be reviewed again by the U.S.Supreme Court when all the judges are present.
D)Mary will win,and the case will set a precedent for later cases.

Question 50

Jeremy crashes his friend John's car because he is an incompetent driver.Emily,John's sister,is outraged and wants John to sue his friend.John refuses to file a case against his long-time friend.Which of the following can Emily do in this scenario?

A)She can sue Jeremy on John's behalf,as she has standing to sue.
B)She can sue Jeremy,provided that John gives his consent.
C)She can file a case in the state court where she will have standing to sue.
D)She cannot sue Jeremy,as she has no stake in the outcome of the case.

Question 51

In which of the following cases do federal courts have exclusive jurisdiction?

A)cases involving sales and lease contracts
B)federal question cases
C)suits against the United States
D)diversity of citizenship cases

Question 52

Altonvista Inc. ,a company based in California,is sued by a plaintiff from the state of Texas.Which of the following statements is true in this scenario?

A)The case must be heard in the California federal court,as this is a subject matter in which federal courts have exclusive jurisdiction.
B)If the plaintiff chooses to bring the case to the California federal court,it would stay in the federal court.
C)If the plaintiff decides to bring the case to the California federal court,Altonvista Inc.can have the case moved to a California state court.
D)The case can only be heard in a California state court,as the matter is not subject to federal jurisdiction.

Question 53

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

Question 54

Which of the following is true of a plurality decision of the Supreme Court?

A)It settles the case but does not set the precedent for later cases.
B)It affirms the decision of the lower court.
C)It settles the case and sets the precedent for later cases.
D)It causes the case to be reviewed again at a later date.

Question 55

The Chief Justice of the Supreme Court is elected by the associate justices of the U.S.Supreme Court.

Question 56

In which of the following cases do federal and state courts have concurrent jurisdiction?

A)bankruptcy cases
B)diversity of citizenship cases
C)antitrust cases
D)patent cases

Question 57

Which of the following is true of a majority decision made by the U.S.Supreme Court?

A)All the judges agree as to the outcome and reasoning used to decide a case.
B)A majority of the judges agree as to the outcome but not the reasoning used to decide a case.
C)A majority of the justices agree as to the outcome and reasoning used to decide a case.
D)An equal number of justices vote for and against the petitioner,and the case remains undecided.

Question 58

The U.S.Supreme Court hears new evidence and testimony that was not permitted in the U.S.district court.

Question 59

The highest court in the land is the Supreme Court of the United States,which is located in Washington,DC.

Question 60

Which of the following similarities is observed between tie and plurality decisions made by the U.S.Supreme Court?

A)The decisions can be appealed against in the U.S.Courts of Appeals.
B)The decisions do not set precedent for later cases.
C)The decision of the lower court is affirmed.
D)New evidence and testimony are heard before making decisions.

Question 61

________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest to the location where the incident occurred or where the parties reside.

Question 62

Administrative law is a combination of substantive administrative law and ________.

Question 63

Jill wins a lawsuit against Terry in Wyoming state court.The court passes a judgment requiring Terry to pay $20,000 to Jill.Soon after the case is settled,Terry moves to Colorado,where she owns a house,and refuses to pay Jill the money.Which of the following is the best course of action for Jill?

A)File a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment.
B)File another case against Terry in the Wyoming state court to collect the money against Terry's property.
C)File a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money.
D)File a case in the Colorado federal court as this qualifies as a federal question case.

Question 64

________ refers to a court's jurisdiction over the parties to a lawsuit.

A)In rem jurisdiction
B)Quasi in rem jurisdiction
C)In personam jurisdiction
D)Sua sponte

Question 65

The Department of Homeland Security,the federal Food and Drug Administration (FDA),the National Labor Relations Board (NLRB),and the Equal Employment Opportunity Commission (EEOC)are all examples of ________.

Question 66

Describe the need for forum-selection and choice-of-law clauses.

Question 67

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

A)In rem jurisdiction
B)Quasi in rem jurisdiction
C)Private jurisdiction
D)In personam jurisdiction

Question 68

________ requires lawsuits to be heard by the court with jurisdiction that is nearest to the location where the incident occurred or where the parties reside.

A)Jurisdiction
B)Venue
C)Circuit
D)Doctrine of stare decisis

Question 69

Discuss the need for and significance of a long-arm statute.

Question 70

________ refers to the law that governments enact to regulate industries,businesses,and professionals.

Question 71

Bill is trying to sell his house in Oklahoma City,Oklahoma to George,who lives in Little Rock,Arkansas.They have a dispute over the terms of the contract,and Bill decides to sue George.Which of the following statements is true in this scenario?

A)The Arkansas state court must hear this case as it has in personam jurisdiction over George.
B)The Arkansas state court has in rem jurisdiction to hear this case.
C)The Oklahoma state court has in rem jurisdiction to hear this case.
D)The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

Question 72

________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.

A)Choice of law clause
B)Forum-shopping
C)Arbitration clause
D)Forum selection clause

Question 73

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

A)No-contest clause
B)Choice of law clause
C)Forum-selection clause
D)Arbitration clause

Question 74

________ are created by the government to enforce regulatory statutes.

Question 75

Why do courts need to accomplish a service of process?

A)to obtain personal jurisdiction over the plaintiff in a lawsuit
B)to obtain personal jurisdiction over the defendant in a lawsuit
C)to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit
D)to obtain jurisdiction over nonresidents who were not served summons within the state

Question 76

________ refers to 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.

A)In rem jurisdiction
B)In personam jurisdiction
C)Private jurisdiction
D)Quasi in rem jurisdiction

Question 77

Donald,a resident of Louisiana,is robbed in Oklahoma County,Oklahoma.The robber,a resident of the state of Texas,is soon apprehended.Which of the following is the proper venue to hear this case?

A)state court in Louisiana because the plaintiff is from Louisiana
B)state court in Texas because the defendant is from Texas
C)Oklahoma federal court because the robber has committed a federal crime
D)Oklahoma county court because it is nearest in location to the scene of the crime

Question 78

________ refers to the federal statute enacted by Congress,or the state statute enacted by a state legislature,that is enforced by the administrative agency.

Question 79

Which of the following powers of administrative agencies facilitates the investigation and prosecution of possible violations of statutes and rules?

A)rulemaking power
B)executive power
C)judicial authority
D)licensing

Question 80

Compare in rem and quasi in rem jurisdiction.