Deck 5: Limitations

Question 1

Limits on the judicial powers of courts do not include the requirement of:

A) An actual controversy.
B) Jurisdiction.
C) Following obiter dictum.
D) Supremacy Clause.
E) Doctrine of stare decisis.

Answer 1

C

Question 2

The doctrine that requires a litigant to have a legal interest in the subject being litigated before being able to participate in the lawsuit is:

A) Testamentary capacity.
B) Standing.
C) Subpoena duces tecum.
D) Renvoi.
E) None of the above.

Answer 2

B

Question 3

Judicial gatekeeping:

A) Refers to the responsibilities of the bailiff in admitting people into the courtroom.
B) Is a term used to describe how judges control access to the judicial system.
C) Is never used as a tool by the courts to avoid controversy.
D) Is the power of a court to review actions by other branches of government.
E) Is a term used to describe how judges are selected.

Answer 3

B

Question 4

Statutes of limitations:

A) Bar the prosecution of lawsuits following a given period of time.
B) Enhance a court's ability to hear a particular case.
C) Cause the forum state to adopt all of the sister state's law in a conflict of law case.
D) Are found only in civil law.
E) None of the above.

Question 5

A case or controversy that has evolved to a point where judicial intervention is needed is said to be:

A) Ripe for review.
B) Moot.
C) A political question.
D) Non-germane.
E) None of the above.

Question 6

The area of law that deals with the question of which state law is to be applied in a case that involves contacts with several states is:

A) Civil law.
B) Criminal law.
C) Conflict of laws.
D) Maritime law.
E) Martial law.

Question 7

Assume that a major hailstorm causing millions of dollars' worth of damage struck your home town. Your neighbor plans to install a new roof of composition shingles that does not meet the deed restrictions, so you sue. A roofing company located in a city 100 miles away wishes to intervene in the litigation. The initial hurdle for the company is:

A) Forum non conveniens.
B) Preclusion.
C) Statute of limitations.
D) Standing.
E) None of the above.

Question 8

The definition of ratio decidendi is:

A) Power of an administrative agency to enforce rules promulgated by the agency.
B) Statements in a judicial opinion that are essential to the resolution of the case and are binding precedent.
C) "Friend of the court."
D) To "tell the truth" in Old French.
E) "I will not contest it."

Question 9

A person opposed to the Patient Protection and Affordable Care Act of 2010 files suit to have the law declared unconstitutional. The person is likely to encounter a problem with:

A) The ripe for review doctrine.
B) The conflict of laws doctrine.
C) The mootness doctrine.
D) The political question doctrine.
E) The taxpayer suit doctrine.

Question 10

In a diversity of citizenship suit, which would allow parties from different states to file a civil suit in a U.S. District Court, the amount in controversy must exceed:

A) $7500.
B) $100,000.
C) $750,000.
D) $75,000.
E) $1,000,000.

Question 11

Persons who reside in a state or are physically present within the territorial limits of a state are said to be subject to:

A) Conflict of laws.
B) Mandatory authority.
C) Persuasive authority.
D) In rem jurisdiction.
E) In personum jurisdiction.

Question 12

The actual location or geographic site where a trial takes place is called:

A) Venue.
B) Jurisdiction.
C) Domicile.
D) Quasi-in-rem jurisdiction.
E) None of the above.

Question 13

The doctrine which holds that judges should limit access to the courts as a means of resolving every dispute in society is:

A) The political question doctrine.
B) Personal service.
C) Full Faith and Credit.
D) Judicial activism.
E) Judicial restraint.

Question 14

In De Funis v. Odegaard, by declaring the issue moot the Supreme Court merely delayed deciding:

A) A political question.
B) The abortion question.
C) The constitutionality of affirmative action programs.
D) The detainment of persons at Guantanamo Bay.
E) None of the above.

Question 15

The authority of a court to hear a case and render a verdict in the case is called its:

A) Venue.
B) Domicile.
C) Persuasive authority.
D) Jurisdiction.
E) Judicial power.

Question 16

Discuss the concept of judicial restraint and various tools of judicial gatekeeping.

Question 17

Discuss the concept of jurisdiction and its application.

Question 18

Describe and discuss conflict of laws rules and their importance.

Question 19

Discuss the concept of stare decisis including, but not limited to, ratio decidendi, obiter dictum, mandatory authority, and persuasive authority.

Question 20

Discuss the role of stare decisis in American jurisprudence as well as its implementation.