Deck 2: The Courts and Jurisdiction

Question 1

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue.
If the accident happened in Oklahoma, the state courts of Oklahoma could not exercise personal jurisdiction over Jackson because he is not a citizen of that state.

Answer 1

False

Question 2

A court of appellate jurisdiction is a court where the case begins and is tried.

Answer 2

False

Question 3

In a federal case, trials generally occur in the ________.

A) district court
B) courts of appeal
C) Supreme Court
D) All of these choices.

Answer 3

A

Question 4

Litigation usually begins in a trial court.

Question 5

Courts use the Internet ________.

A) to allow filing of court documents
B) to post tentative rulings in motions
C) to make local rules of court available to attorneys
D) All of these choices.

Question 6

For diversity purposes, a corporation's principle place of business is the state of incorporation, or its "nerve center," the place where corporate officers direct and control the corporation's activities.

Question 7

The U.S. Supreme Court can hear appeals from state courts ________.

A) as long as a state supreme court has already heard the case
B) if the state supreme court refuses to hear the case
C) if a federal or constitutional issue exists
D) All of these choices.

Question 8

Venue is a type of jurisdiction.

Question 9

The U.S. Supreme Court has original jurisdiction for some matters.

Question 10

Before proceeding with a case, the court must have either subject matter or personal jurisdiction.

Question 11

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue.
If the accident happened in Alabama, the state courts of Alabama would have jurisdiction, even though Stevens is not a citizen of that state.

Question 12

Rules of multijurisdictional litigation allow cases to be tried in any federal district court in which any party has filed a lawsuit.

Question 13

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue.
If the accident happened in Alabama, and Stevens's damages exceed $75,000, the state courts of Alabama and the federal court have concurrent jurisdiction.

Question 14

Within the federal court system, a separate appellate court district exists for each of the 50states.

Question 15

Pleadings are filed in a trial court.

Question 16

Trial courts within state court systems are all referred to as district courts.

Question 17

Factual disputes are generally resolved in a(n) ________ court.

A) trial
B) appellate
C) supreme
D) All of these choices.

Question 18

The role of the appellate court includes ________.

A) determining the credibility of witnesses at the trial level
B) reevaluating the factual determinations made by the trial court
C) determining if any legal errors occurred at the trial level
D) hearing testimony from important witnesses

Question 19

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue.
If the accident happened in Alabama, the state courts of Oklahoma would have jurisdiction to hear the case.

Question 20

Stevens, a citizen of the state of Oklahoma, was involved in an automobile accident with Jackson, a citizen of the state of Alabama. Stevens is injured and wishes to sue.
If the accident happened in Alabama, the state courts of Alabama and Oklahoma have concurrent jurisdiction.

Question 21

When an appellate court reverses the lower court's decision and then sends it back to the trial court, it ________ the case.

Question 22

In order to invoke quasi in rem jurisdiction, the defendant's property must be brought before the court in a(n) ________ proceeding.

Question 23

A three-judge panel is usually found in ________.

A) U.S. district courts
B) U.S. courts of appeals
C) U.S. Supreme Court
D) All of these choices.

Question 24

Trial courts in the federal system are known as ________ courts.

Question 25

An appellate court's role is to determine if any ________ errors occurred in the trial court.

Question 26

In rem jurisdiction is based on the fact that ________ located within a state is the subject of the lawsuit.

Question 27

The authority that a court has to hear a particular type of case is known as ________ jurisdiction.

A) subject matter
B) personal
C) in rem
D) quasi in rem

Question 28

Jurisdiction based on diversity of citizenship requires that if money damages are requested, the amount in dispute must exceed ________.

Question 29

The power that a court has to hear a particular case is known as ________ jurisdiction.

Question 30

Proper venue in a federal action based on diversity of citizenship can be determined by ________.

A) either the defendant's residence or the place where the cause of action arose
B) only the defendant's residence
C) only the plaintiff's residence
D) only where the cause of action arose

Question 31

A state always has jurisdiction over a defendant in a lawsuit if ________.

A) the defendant is a U.S. citizen
B) the defendant is a citizen of that state
C) the plaintiff sustained injuries or damages within the state
D) Both b and c.

Question 32

To request a hearing in the Supreme Court, a party generally files a ________.

A) complaint
B) brief
C) petition for writ of certiorari
D) memorandum of points and authorities

Question 33

Another term for supplemental jurisdiction of the federal courts is ________ jurisdiction.

Question 34

A court where a case begins and is tried is a court of ________ jurisdiction.

Question 35

When an appellate court agrees with a lower court's decision, the court ________ the case.