Deck 3: The American Legal System

Question 1

A plaintiff refers to ________.

A)the party on whose behalf the complaint is filed
B)the party against whom an action is being brought
C)the party who listens to a dispute
D)the party who is designated to pass judgment on a case

Answer 1

A

Question 2

A court with ________ has the power to review a previously made decision.

A)original jurisdiction
B)appellate jurisdiction
C)in rem jurisdiction
D)exclusive federal jurisdiction

Answer 2

B

Question 3

Jennifer, a resident of North Carolina, was granted a patent for a device she invented. Donald, a resident of Texas, claims to have invented the device earlier, and disputes the patent granted to Jennifer. Which of the following should Donald do?

A)file a case in a North Carolina state trial court, as it has in personam jurisdiction over Jennifer
B)file a case in a Texas state trial court, as the long-arm statute grants it in rem jurisdiction over Jennifer
C)file a case in the Ninth Circuit Court of Appeals, as there is concurrent federal jurisdiction due to diversity of citizenship
D)file a case in a federal trial court, as federal courts have exclusive jurisdiction over this subject matter

Answer 3

D

Question 4

Forum non conveniens is ________.

A)a doctrine that allows a case to be moved from a state court to a federal court
B)applicable only for cases falling under exclusive federal jurisdiction
C)a doctrine that allows a change in venue of the case
D)granted regardless of the judge's opinion

Question 5

James rents a house in Wisconsin. Sandra, the owner of the house, lives in Pennsylvania. A portion of the roof in the rented house collapses. If James is claiming damages due to negligence, which of the following statements is true?

A)James has to file a lawsuit in a Pennsylvania state trial court, as in personam jurisdiction is required.
B)A federal court has to hear this case, as it will have exclusive subject matter jurisdiction in this case.
C)A lawsuit can be filed in a Wisconsin state trial court, as in rem jurisdiction is sufficient.
D)James has to wait for Sandra to enter Wisconsin and then file a lawsuit there.

Question 6

Simon is an attorney who has been hired by Naptune, Inc. to defend against claims of profiteering. While discussing the charges with Mark, who is an employee of Naptune, Simon learns that Naptune is about to engage in profiteering again. In this scenario, which of the following statements is true?

A)Simon is legally obliged to inform the police about any future criminal activities of Naptune, Inc.
B)Simon cannot legally include this information in his work product and inform the court.
C)Simon can only divulge this information to the police if Mark explicitly permits it.
D)Simon can include this in the work product, but can choose not to inform the authorities.

Question 7

A court has in personam jurisdiction over a person ________.

A)when that person responds to the complaint
B)when a complaint has been filed in court against that person
C)when the court serves him or her with a copy of the plaintiff's complaint and a summons
D)when that person enters within the borders of the state in which the court is located

Question 8

Which of the following statements is true about the federal court system?

A)Appeals of benefits decisions made by the Veterans Administration are heard only by the Federal Circuit Court of Appeals.
B)Appeals from administrative agencies are heard only by the Federal Circuit Court of Appeals.
C)Bankruptcy cases must be filed under trial courts of limited jurisdiction.
D)The U.S. Supreme Court only hears appeals in the federal system.

Question 9

A trial court judge ________.

A)cannot rule on whether certain evidence is admissible
B)generally presides over a case as a part of a panel
C)reviews lower-court cases to determine whether errors of law were committed
D)decides the facts in a case if the right to a jury trial has been waived

Question 10

Which of the following statements is true about right of removal?

A)A defendant cannot exercise the right of removal.
B)A state court judge cannot decline a valid right of removal request.
C)It can only be exercised for cases filed in a federal court.
D)It refers to a plaintiff's right to stop a case from being moved to a federal court.

Question 11

Which of the following statements is true of concurrent jurisdiction?

A)All federal criminal prosecutions fall under concurrent jurisdiction.
B)A case that requires an interpretation of the U.S. Constitution must be heard only in a federal court.
C)A bankruptcy case will be heard in a state trial court.
D)A case that involves diversity of citizenship falls under concurrent jurisdiction.

Question 12

Which of the following statements is true of state court systems?

A)A court of last resort is often the only appellate court in a state.
B)The small claims court is a court of general jurisdiction in most states.
C)Intermediate courts of appeal deal only with cases falling under general jurisdiction.
D)Each state has only one trial court of general jurisdiction.

Question 13

Which of the following statements is true about the structure of the court system in the United States?

A)The U.S. Supreme Court functions only as an appellate court.
B)The state court of last resort is the only appellate court in the state court system.
C)Intermediate courts of appeal hear appeals only from courts of general jurisdictions.
D)County courts hear cases falling under general jurisdiction.

Question 14

Mark, a resident of Nebraska, was driving through Oklahoma when his car struck Katherine's vehicle. If Katherine resides in Oklahoma, in which court should she file a case to claim damages?

A)the U.S. Supreme Court
B)a U.S. Federal District Court in Nebraska
C)a Nebraska state trial court
D)an Oklahoma state trial court

Question 15

Which of the following statements is true about in rem jurisdiction?

A)When the owner of a property cannot be located for personal service, a court with in rem jurisdiction could order the property sold.
B)If the property under dispute is outside the state, but the owner is within the state, the court has in rem jurisdiction over the property.
C)In rem jurisdiction grants a court the power to review a previously made decision.
D)In rem jurisdiction grants a court the power to try a case without a jury.

Question 16

Paul, a resident of Arizona, purchased a collector's edition of a magazine from Arthur, a retailer of comics and magazines, in a convention held in Arizona. Paul paid for the magazine, but did not receive it. If Arthur is a resident of California, which of the following statements is true?

A)The long-arm statute grants the Arizona state trial court in personam jurisdiction over Arthur, if it can be proved that Arthur has enough points of contact in Arizona.
B)The long-arm statute grants the Arizona state trial court in rem jurisdiction over Arthur, if it can be proved that Arthur has enough points of contact in Arizona.
C)Only the California state trial court has in rem jurisdiction over Arthur, as he is a resident of California.
D)As this case does not fall under concurrent federal jurisdiction, Arthur cannot exercise his right of removal.

Question 17

Which of the following statements is true about venue of the trial?

A)The venue of the trial court determines which court system has jurisdiction over the case.
B)The defendant's right to have the venue changed is called right of removal.
C)The doctrine of forum non conveniens grants the plaintiff the right to irreversibly fix the venue.
D)The request for change of venue is granted at the judge's discretion.

Question 18

Which of the following statements is true of attorney-client privilege?

A)An attorney may divulge information if it involves confession of a crime that has been committed.
B)An attorney who learns about a crime that a client is about to commit can choose not to reveal that information.
C)Formal documents prepared by the attorney as work product may be revealed by the attorney without client permission.
D)The attorney-client privilege is not extended to the work-product doctrine.

Question 19

Charlie, a resident of Colorado, made a purchase on the website of the online megastore, Emerold, Inc. The product delivered to Charlie's residence in Colorado was damaged and Emerold, Inc. refused to replace it. The headquarters of Emerold, Inc. is located in New York, but the product was shipped from a warehouse in Kansas. In this scenario, which of the following statements is true?

A)Only the Kansas state court has jurisdiction to try Emerold, Inc. as the defective product was shipped from Kansas.
B)A federal court has to hear this case, as it has exclusive jurisdiction on this subject matter.
C)If the warehouse superintendent in Kansas is served, Emerold, Inc. as a corporation has been served.
D)If online transactions are considered as sufficient points of contact, a Colorado state court has in personam jurisdiction over Emerold, Inc.

Question 20

Which of the following statements is true of attorneys?

A)When an attorney's client is a corporation, the attorney-client privilege is void.
B)In-house counsels are legally forbidden from representing their own corporations in court.
C)Attorneys may represent their corporate clients in negotiations with labor unions.
D)Attorneys who are hired to draw up contracts and corporate charters are called in-house counsel.

Question 21

Voir dire refers to ________.

A)the process of questioning potential jurors to determine whether they will be able to render an unbiased opinion in the case
B)the pretrial testimony of witnesses who are examined under oath
C)the power of a court to render a decision that affects property directly rather than the owner of the property
D)the jurisdictional supremacy that federal courts have over state courts over matters concerning concurrent jurisdiction

Question 22

Which of the following statements is true about jury selection?

A)The process of questioning potential jurors to determine if they will render an unbiased opinion is called volte face.
B)Attorneys must give a reason for rejecting potential jurors under peremptory challenges.
C)Attorneys are given an unlimited number of peremptory challenges during jury selection.
D)Race-based and gender-based peremptory challenges are banned in civil cases.

Question 23

In a trial by jury, ________.

A)the judge's vote is used to arrive at the verdict
B)the conference on jury instruction is held after the closing arguments of both parties
C)the judge is considered the factfinder
D)the judge confers with the attorneys and draws up instructions for the jury

Question 24

Which of the following statements is true about a motion for a directed verdict?

A)It should be filed before the discovery stage.
B)It can be filed by either party after the presentation of the defendant's case.
C)It can be filed by the plaintiff before the presentation of the defendant's case.
D)It is generally not granted to the defendant if the plaintiff offers no evidence of any compensable injury.

Question 25

Petit juries ________.

A)consist of 13 to 24 citizens
B)are used only in criminal matters
C)are waived off if both parties to a case agree
D)must reach a unanimous verdict in civil cases in all states

Question 26

Which of the following statements is true about a jury selection service?

A)A mock jury sits in the courtroom during the trial and provides direct feedback to lawyers.
B)Lawyers practice their arguments in front of a shadow jury before presenting the case to the actual jury.
C)A shadow jury's verdict helps lawyers decide whether to try to settle or wait for the actual verdict.
D)Mock juries are banned in most states.

Question 27

Federal court judges ________.

A)are generally elected
B)are nominated by the president
C)are nominated to appear before the Senate by the American Bar Association
D)generally serve definite terms, the length of which varies from state to state

Question 28

Which of the following statements is true about pleadings?

A)Informal negotiations can only be held after the pleadings have been served.
B)Counterclaims should only contain responses to the allegations in complaints.
C)A motion to dismiss can only be filed by the plaintiff.
D)Plaintiffs are allowed to file a reply to a defendant's counterclaim.

Question 29

A shadow jury ________.

A)is selected through voir dire
B)is selected randomly by a jury selection service
C)is not allowed to interact with the lawyers of a case
D)provides feedback to lawyers on their case

Question 30

Which of the following is a criticism of the adversarial system of litigation in the United States?

A)The lack of a neutral factfinder such as a judge or a jury.
B)Arguments are only allowed from the defendant's side.
C)Heavy dependency on the skills of the representing attorney.
D)Only evidence produced by the plaintiff is permissible.

Question 31

A mock jury ________.

A)is a group of individuals who are demographically matched to the actual jurors in a case
B)sits in a courtroom during a trial and deliberates on the proceedings at the end of each day
C)can be rejected by the opposing attorney through peremptory challenges
D)is selected by the judge from a list of potential candidates

Question 32

Which of the following statements is true of a jury?

A)Members of the jury are selected by the parties involved in the case.
B)A grand jury convenes to decide whether enough evidence exists to try the defendant.
C)A grand jury can be impaneled in a civil case if the nature of the case is highly technical.
D)A jury can ask the judge to decide the facts if the nature of the case is highly technical.

Question 33

Which of the following statements is true about the steps followed in a civil litigation before the trial begins?

A)Both parties have to file a request for information to obtain the deposition transcripts.
B)Both parties usually come to an agreement on the damages to be awarded in the pretrial conference.
C)Depositions can be used if there is cause to believe that a witness may die before trial.
D)A motion to dismiss has to be granted by the plaintiff.

Question 34

Questions of fact are ________.

A)resolved by the judge during the trial
B)resolved during informal negotiations
C)the questions on what actually happened
D)the questions on how the law should be applied to the facts

Question 35

Which of the following statements is true about the discovery stage in a trial?

A)Interrogatories must be answered before any pleadings are filed.
B)Interrogatories are the questions posed to a witness in court by an attorney.
C)Both parties' attorneys are allowed to cross-examine the potential jurors of the trial.
D)Both parties can be subjected to physical and mental examinations if need be.

Question 36

Which of the following statements is true about pretrial motions?

A)A motion is the gathering of information, by the parties, from each other.
B)In forma pauperis is a motion to proceed without payment of fees.
C)If a motion has been filed, the judge must immediately hold a hearing.
D)A motion to dismiss can be filed to introduce evidence that the opposing party may be hiding.

Question 37

Judicial review refers to ________.

A)the power to determine whether a law passed by the legislature violates the Constitution
B)the federal courts' jurisdictional supremacy over cases that involves a federal question
C)the system of litigation in which the judge hears evidence and arguments presented by both parties
D)an appellate court's power to reverse or remand a case if it finds that an error was committed

Question 38

Which of the following statements is true about a defendant's case?

A)The plaintiff's attorney is entitled to cross-examine the defendant's witnesses.
B)A defendant must only present a case if his or her motion for a directed verdict is granted.
C)The defendant's attorney is not allowed to conduct redirect examinations on the witnesses.
D)The defendant's case is presented after the conference on jury instruction.

Question 39

Mathew fits the demographic profile of one of the members of an actual jury in a case. He is approached by a jury selection service to be a part of a shadow jury. In this scenario, which of the following statements is true?

A)Mathew will be the only juror in that shadow jury.
B)Mathew will be rejected by the opposing counsel during voir dire.
C)If he accepts, he will not be allowed to directly interact with the lawyers of that case.
D)If he accepts, he will have to deliberate and provide feedback at the end of each day.

Question 40

An indictment is ________.

A)a formal accusation of the commission of a crime, made before a defendant can be tried for the crime
B)a doctrine describing the philosophy of judicial activists
C)a formal document prepared by an attorney in conjunction with a case that is protected by attorney-client privilege
D)the initial pleading in a case that states the names of the parties to the action

Question 41

A rebuttal is ________.

A)a brief additional argument by the plaintiff to address any important matters in the defendant's closing argument
B)a questioning of a witness by the plaintiff's attorney following cross-examination, the scope of which is limited to questions asked in the cross-examination
C)a process whereby the judge and/or the attorneys question potential jurors to determine whether they will be able to render an unbiased opinion
D)a response to the allegations in the plaintiff's complaint in which the defendant must admit, deny, or state his or her knowledge about the truth of the allegations

Question 42

An appellate court ________.

A)is usually composed of a grand jury
B)can reverse a decision only if the judges are unanimous in their decision
C)records the majority opinion, which is used by judges to make future decisions
D)cannot accept cases where a prejudicial error has occurred during the trial

Question 43

The U.S. Supreme Court also functions as a trial court of limited jurisdiction.

Question 44

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

A)The U.S. Supreme Court grants most of the petitions requesting an appeal.
B)A refusal to hear a case by the Supreme Court has a precedential effect.
C)Quo warranto is a writ issued by an appellate court to a lower court to send the record of the case to the Supreme Court.
D)The Supreme Court will only issue a writ of certiorari if at least four justices vote to hear the case.

Question 45

Which of the following statements is true about an appeal?

A)When a case is appealed, a new trial is held.
B)The losing party can appeal a case even if it does not allege a prejudicial error of law.
C)The court to which a case is appealed depends on the court in which the case was originally heard.
D)When a case is appealed, only the appellant has to file briefs in the court of appeals.

Question 46

Making sure that a case is heard with reasonable speed is one of the functions of a trial court judge.

Question 47

A court of original jurisdiction is usually referred to as a trial court.

Question 48

Which of the following statements is true of the factors to be considered by a businessperson before appealing a decision?

A)Appellate courts are usually composed of a grand jury.
B)A favorable ruling in an appellate court has precedential value.
C)Attorneys are less expensive to hire for an appeal than an initial trial.
D)The appeal should not allege that a prejudicial error occurred during the trial.

Question 49

The Class Action Fairness Act of 2005 ________.

A)mandates that attorney fees be based on the gross sum awarded to the plaintiff class
B)provides federal courts with jurisdiction if complete diversity of citizenship can be established
C)makes it easier for plaintiffs to pursue their actions in state courts
D)denies different monetary awards to class members based on their geographical location

Question 50

The plaintiff can always choose the system in which to file a case regardless of subject matter jurisdiction.

Question 51

If the plaintiff and defendant are from different states, the case can only be heard in a federal court.

Question 52

Forum non conveniens is the doctrine which allows a party to request a change in venue.

Question 53

Which of the following statements is true of class actions?

A)A class action cannot be filed if the individual claims are small.
B)The named plaintiffs in a class action have to pay all the court costs.
C)They are cases in which the plaintiff is an individual who has a complaint against a group of people.
D)When a class action is brought, the case is usually filed in the name of all the parties who have the same complaint.

Question 54

Which of the following statements is true about the decisions taken by an appellate court?

A)If a case is reversed, the appellate court holds a new trial.
B)If a case is remanded, a new trial is conducted in a lower court.
C)The lower court's decision is said to have been affirmed if the remedy granted is changed by the appellate court.
D)The lower court's decision is said to have been modified if the appellate court hears oral arguments from the attorneys.

Question 55

Cases involving diversity of citizenship can be heard in a federal court if an amount in excess of $75,000 is in controversy.

Question 56

When a person's rights under the federal Constitution have been violated, the case must be tried in a federal court.

Question 57

The power of judicial review was explicitly stated in the Constitution when it was drafted.

Question 58

The Federal Circuit Court of Appeals can hear appeals from state trial courts.

Question 59

Writ of certiorari is ________.

A)an order to a lower court to send the record of a case to the Supreme Court
B)a legal principle which obliges judges to defer to legal precedents set by previous cases
C)a statute authorizing a state court to obtain jurisdiction over an out-of-state defendant
D)a process in which the judge and the attorneys question potential jurors

Question 60

Which of the following statements is true about posttrial motions?

A)A motion for judgment notwithstanding the verdict is usually made by the party that wins.
B)A motion for judgment notwithstanding the verdict must be filed in an appellate court.
C)A motion for a new trial can be granted on the discretion of the presiding judge.
D)A motion for a new trial can only be granted if a majority of the jury votes in favor of it.

Question 61

Discovery is the pretrial gathering of information from each other by the parties.

Question 62

The defendant presents the first closing argument.

Question 63

Grand juries are used only in criminal matters.

Question 64

Explain the rationale behind granting the right of removal to both parties in a case.

Question 65

The pretrial conference includes the defendant and the plaintiff without their lawyers.

Question 66

The Fifth Amendment requires that all federal prosecutions for "infamous" crimes be commenced with an indictment by a grand jury.

Question 67

What are the basic stages in a lawsuit?

Question 68

Explain with an example how the legal system in the United States differs from that of other countries.

Question 69

Discuss the consequences of the Class Action Fairness Act of 2005 on the plaintiffs and the defendants.

Question 70

When parties make international agreements, they can incorporate as a term of the agreement their choice of which nation's court will hear any disputes arising under the agreement.

Question 71

If a case is being heard by a jury, the trial would start with the conference on jury instruction between the judge and the attorneys.

Question 72

Compare and contrast between judicial restraint and judicial activism.

Question 73

How do courts achieve in personam jurisdiction?

Question 74

What are the arguments for and against electing judges and appointing them for life?

Question 75

If the appeals court feels that an error was committed by the lower court when coming to its decision, but it does not know how that error would have affected the outcome of the case, it will reverse the lower court's decision.

Question 76

The Supreme Court is likely to issue a writ of certiorari when a federal court has ruled that an act of Congress is unconstitutional.

Question 77

The jury acts as the factfinder when an equitable remedy is being sought.