Deck 1: Court Systems and Jurisdiction

Question 1

What courts does the federal court system include?

A) The U.S. district courts
B) The U.S. Supreme Court
C) The U.S. courts of appeals
D) All of the above

Answer 1

All of the above

Question 2

What term describes cases pertaining to the sea?

A) Admiralty
B) Maritime
C) All of the above
D) None of the above

Answer 2

All of the above

Question 3

What term describes decisions made by appellate courts?

A) Common law
B) English common law
C) American law
D) Judicial law

Answer 3

Common law

Question 4

What is the name of the systematic collection of laws by the federal government?

A) The United States Laws Consolidation
B) The United States Legal Documents Collection
C) The United States Code
D) The United States Legal Codification

Question 5

What part of the government creates administrative codes?

A) State legislature
B) Congress
C) Administrative agencies
D) Local government

Question 6

How is the number of the U.S. Supreme Court justices determined?

A) By the U.S. Constitution
B) By Congress
C) By the Judiciary Act of 1789
D) By the U.S. President

Question 7

When does the U.S. Supreme Court take a case on appeal?

A) A case involves federal law
B) A case involves issues of national significance
C) Four out of the nine justices believe the case is important enough to be heard
D) All of the above

Question 8

What is the significance of the abbreviation "cert. den." written on the court record?

A) The case will be reviewed by the group of three judges of an appellate court
B) The case can be resubmitted to the U.S. Supreme Court for review
C) The case may be reviewed by the U.S. Supreme Court if four justices out of nine agree to hear it
D) The decision of a lower appellate court must be followed

Question 9

What courts does a state court system include?

A) Trial courts
B) Intermediate appellate courts
C) Supreme courts
D) All of the above

Question 10

After a state trial court's decision, what action can parties to that case take?

A) Appeal the decision to a state appellate court
B) Ask the trial court to retry the case
C) Appeal the decision to a state supreme court
D) Appeal the decision to the U.S. Supreme Court

Question 11

What are functions of state supreme courts?

A) To review decisions of appellate courts
B) To regulate the practice of law
C) To oversee the administration of the justice system in their states
D) All of the above

Question 12

What does a three-judge panel of an appellate court determine for a particular case?

A) The case's eligibility to go to an appellate court of another state
B) The case's eligibility to go to the state's supreme court
C) The case's eligibility to go to the U.S. Supreme Court
D) The case's eligibility to go to another state supreme court

Question 13

How is a state court of last resort called?

A) State supreme court
B) State superior court
C) State court of common pleas
D) State appellate court

Question 14

If a court without jurisdiction makes a decision in a particular case, what are grounds for appeal for the party that lost this case?

A) The decision is irrelevant because of lack of jurisdiction
B) The decision is void because of lack of jurisdiction
C) The decision is void because of lack of competency
D) The decision is incompetent because of lack of jurisdiction

Question 15

What does original jurisdiction of a court mean?

A) A legal issue occurred in the state where a court sits
B) Parties to the case reside in the state where a court sits
C) A court has the power to hear the case originally
D) Parties to the case do business in the state where a court sits

Question 16

What is appellate jurisdiction?

A) Power of a court to hear the case when it first goes to court
B) Power of a higher court to retry cases that have been already tried by lower courts
C) Power of a court to grant certiorari
D) None of the above

Question 17

What is concurrent jurisdiction?

A) Several courts have the power to hear a particular case
B) Courts in the same state have the power to hear a particular case
C) All of the above
D) None of the above

Question 18

What legal term describes a lawsuit directed against property rather than against a particular person?

A) Quasi in rem action
B) In personam action
C) In rem action
D) Transitory action

Question 19

What is a characteristic of an in rem action?

A) A lawsuit is directed against property
B) The property must be located in the state where the court sits
C) A notice must be given to people who may have an interest in the proceeding
D) All of the above

Question 20

What type of jurisdiction allows a court to hear a quasi in rem action?

A) A court has jurisdiction over the person but not over the property
B) A court has jurisdiction over the property but not over the person
C) A court has jurisdiction over the plaintiff but not over the defendant
D) A court has jurisdiction over the person and the property

Question 21

How does a court obtain personal jurisdiction over the defendant?

A) The defendant lives in the jurisdiction
B) The defendant engages in legally significant behaviors in the jurisdiction
C) The defendant has a business in the jurisdiction
D) All of the above

Question 22

What is a proper venue?

A) Geographical location where a court sits
B) Convenient location for a trial
C) Place where the defendant's property is located
D) Any geographic location where the case can be tried

Question 23

What is a change of venue?

A) The dismissal of a case because of lack of jurisdiction
B) The appeal filed in a higher court
C) The removal of a suit begun in one district to another district
D) The change of the place where a court sits

Question 24

What are possible reasons for the defendant's motion for a change of venue?

A) Negative media coverage
B) Pretrial publicity
C) Partial jury
D) All of the above

Question 25

What is a form of alternative dispute resolution?

A) Conciliation
B) Trial
C) Appeal
D) Litigation

Question 26

What is a purpose of negotiation?

A) To settle the case outside the court
B) To resolve the legal dispute relatively fast
C) To reach a compromise by bargaining
D) All of the above

Question 27

What role does a mediator play?

A) Files a petition with a court
B) Tries to persuade the parties to settle their dispute
C) Appeals the decision of a lower court
D) Asks for a change of venue

Question 28

What are the consequences of binding arbitration?

A) Parties must obey the decision of an arbitrator
B) Parties can take the case to a trial court
C) Parties can appeal the arbitrator's decision in an appellate court
D) Parties can resubmit the case to an arbitration panel

Question 29

In what situation do parties use arbitration to settle their legal disputes?

A) Parties prefer to bargain until they reach a settlement
B) Parties prefer an informal trial run by a private organization
C) Parties prefer a neutral third person to make suggestions
D) Parties agreed to a mandatory arbitration

Question 30

What term is used to describe an informal trial?

A) Mini-trial
B) Non-binding arbitration
C) Quasi in rem action
D) Negotiation

Question 31

In the federal court system, U.S. district courts are trial courts.

Question 32

In the United States, all laws are codified.

Question 33

Ordinances are laws passed by federal legislative bodies.

Question 34

The U.S. Supreme Court takes a case on appeal only when all justices agree that the case is important.

Question 35

When the U.S. Supreme Court denies a writ of certiorari, it means that the decision of a lower appellate court, where the case has been reviewed, must be followed.

Question 36

All state trial courts hear cases involving adoption, divorce, and the settlement of estates.

Question 37

A state appellate court retries cases that first have been tried in a state trial court.

Question 38

State supreme courts regulate consolidation of laws.

Question 39

All state courts have original jurisdiction in that state.

Question 40

A court may have more than one type of jurisdiction.

Question 41

The doctrine called forum non conveniens gives a court with concurrent jurisdiction the right to refuse to hear a particular case.

Question 42

A court decision in an in rem action affects many people, not only parties to the case.

Question 43

In quasi in rem action the legal issue pertains to the entire property of the defendant.

Question 44

Long-arm statutes allow a state court to obtain jurisdiction over a person's property located in another state.

Question 45

Each state has its own rules of venue to provide convenient places for trials.

Question 46

Only the plaintiff's attorney can raise the question of improper venue.

Question 47

Courts must always grant motions for a change in venue.

Question 48

Negotiation is a process in which parties to the case try to reach a compromise with the help of a neutral third party.

Question 49

A conciliator has authority over the mediation process.

Question 50

The arbitrator's award is the arbitrator's ruling in favor of the plaintiff.

Question 51

A federal question is a matter that involves the U.S. Constitution, acts of Congress, or ________.

Question 52

Diversity of citizenship is a term describing cases between citizens of the United States and a(n)________ government.

Question 53

The highest court of the land is the U.S. ________ Court.

Question 54

When four out of the nine justices agree to hear cases, the U.S. Supreme Court grants petitions for ________.

Question 55

Juvenile courts, housing courts, and probate courts are state lesser trial courts with ________ jurisdiction.

Question 56

The practice of law is regulated by state ________ courts.

Question 57

To review a decision of a lower court, a court must have ________ jurisdiction.

Question 58

A court has ________ jurisdiction when only this court has the power to hear a particular case.

Question 59

When a court has complete jurisdiction over the parties and the subject matter of the case, the court has ________ jurisdiction.

Question 60

A lawsuit that can be tried in different courts with appropriate jurisdiction is called a(n)________ action.

Question 61

The geographical location where the case is tried is called a(n) ________.

Question 62

An inconvenient place to hear a particular case is called a(n) ________ venue.

Question 63

A mediator listens to each party in a private session called a(n) ________.

Question 64

A neutral third party, a(n) ________, listens to parties' arguments and makes a decision.

Question 65

Match the terms with their descriptions:

-Appellate jurisdiction

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 66

Match the terms with their descriptions:

-The U.S. Supreme Court

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 67

Match the terms with their descriptions:

-Improper venue

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 68

Match the terms with their descriptions:

-Justice

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 69

Match the terms with their descriptions:

-Probate court

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 70

Match the terms with their descriptions:

-Court

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 71

Match the terms with their descriptions:

-Cert. den.

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 72

Match the terms with their descriptions:

-In rem action

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 73

Match the terms with their descriptions:

-Court of common pleas

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 74

Match the terms with their descriptions:

-ADR

A)A state trial court
B)A body of government that administers justice
C)A phrase put on the record when the U.S. Supreme Court refuses to hear a case
D)The highest appellate court of the land
E) A state trial court with limited jurisdiction
F) The title of a judge of the highest appellate court of the land
G) Improper geographic location where the case should be tried
H) The abbreviation of the term used to describe alternative processes for settling legal disputes without litigation
I) The power of a higher court to review decisions of trial courts
J) Parties to this action seek to settle questions about property

Question 75

Define the federal court system and discuss principal sources of law in the U.S.

Question 76

Define and discuss jurisdiction and venue.

Question 77

Define negotiation and mediation and discuss their advantages and disadvantages.

Question 78

What issues should be considered by a plaintiff's attorney before filing a complaint in a particular court?

Question 79

Since the U.S. Supreme Court hears only a small number of cases per year, how does it affect the role of state supreme courts?