Deck 2: The Litigation Process and Other Tools for Resolving Environmental Disputes

Question 1

Federal judges are appointed, while most state judges are elected.

Answer 1

True

Question 2

Federal judges

A) are appointed by the president with the advice and consent of the Senate.
B) are allowed to serve for life, assuming "good behavior."
C) are elected.
D) both a and b.

Answer 2

D

Question 3

Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?

A) standing.
B) ripeness.
C) case or controversy.
D) none of the above (all must be present).

Answer 3

D

Question 4

The federal district court and the court of common pleas have concurrent jurisdiction over

A) cases involving the interpretation of the Constitution.
B) most cases requiring the interpretation of a federal statute.
C) both a and b.
D) none of the above.

Question 5

One of the common criticisms of the adversary system is that it unfairly benefits the wealthier party.

Question 6

The voir dire process

A) is supposed to ensure that jurors are not biased.
B) allows for removal of potential jurors through both peremptory and for cause challenges.
C) both a and b.
D) none of the above.

Question 7

Grand juries

A) are used in only criminal cases.
B) are used in only civil cases.
C) are used to decide the facts in a case.
D) both a and c.

Question 8

To render a binding decision in a case, a court must have

A) subject matter jurisdiction.
B) jurisdiction over the person.
C) either a or b.
D) both a and b.

Question 9

Cases must initially be heard in courts of appellate jurisdiction.

Question 10

A right of removal allows the defendant to move a case from the state court system in which it's filed to a federal court system.

Question 11

The purpose of serving the summons and complaint is to

A) give the defendant notice of the pending action against her.
B) give the court jurisdiction over the defendant.
C) give the court subject matter jurisdiction over the case.
D) both a and b.

Question 12

If a person receives a summons and complaint, but fails to appear for hearings or trial, the court may still have jurisdiction over that person and could render a decision affecting his or her rights.

Question 13

Standing

A) requires proof of an injury in fact and of an interest that is directly affected by the challenged action.
B) is usually not difficult to establish when challenging the action of an agency under an environmental statute.
C) both a and b.
D) none of the above.

Question 14

Trial courts are courts of original jurisdiction in most cases.

Question 15

A case challenging a statute as violating a person's rights under the U. S. Constitution

A) must be heard in a State court.
B) must be heard in a federal court.
C) may be heard in either State or federal court.
D) must be heard in the U. S. Court of Claims.

Question 16

The least adversarial alternative to litigation is arbitration.

Question 17

Arbitration and mediation are two non-adversarial alternatives to litigation.

Question 18

Subject matter jurisdiction determines whether a case is heard in state or federal court.

Question 19

The attorney-client privilege is designed to encourage the client to tell the truth to his attorney.

Question 20

If a defendant wants to sue a plaintiff, then the defendant should also file a(n) _____ with the answer.

A) counterclaim.
B) information.
C) either a or b.
D) none of the above. He must wait until the plaintiff's case has been decided.