Question 1

The decision of an arbitrator is called a(n):

Accepted Answer

The decision of an arbitrator is called an award. This is the term used to describe the final decision made by the arbitrator or arbitration panel, which is binding and legally enforceable. Verdict and judgment are terms typically used in court proceedings, while binding decision is a more general term that can apply to any decision that is legally binding.

Question 2

Midway Corporation is incorporated in Delaware,but it has its principal place of business in Minnesota.It does much of its business in California.For purposes of diversity of citizenship,Midway is a resident of:

Accepted Answer

For diversity jurisdiction purposes, a corporation is considered a resident of both the state where it is incorporated and the state where it has its principal place of business. Therefore, Midway Corporation, incorporated in Delaware and with its principal place of business in Minnesota, is considered a resident of both Delaware and Minnesota.

Question 3

Andrew,an attorney,has a case that was recently heard by the United States Court of Appeals (8th Circuit).Andrew believes the case involves a significant issue of U.S.Constitutional law.He would like to have the United States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

Accepted Answer

The way by which the U.S. Supreme Court may review the case is through a writ of certiorari. This is a discretionary order issued by the Supreme Court directing a lower court to send up the record of a case for review.

Question 4

Able,a resident of New York,has a dispute with Baker,a resident of Illinois,involving a contract signed and performed in New York.His damages amount to $75,000,and he wants to sue.The case can be brought:

Accepted Answer

Able can bring the case either in the New York state courts or the New York federal court because the contract was signed and performed in New York. The option to sue in the Illinois state courts is not available as neither of the parties is a resident of Illinois and the contract was not signed or performed in Illinois.

Question 5

A quorum consists of how many justices on the U.S.Supreme Court?

Accepted Answer

A quorum on the U.S. Supreme Court consists of six justices. This means that at least six justices must be present in order for the Court to conduct business and issue rulings. However, the full court is made up of nine justices.

Question 6

In diversity of citizenship cases,federal courts apply:

Accepted Answer

In diversity of citizenship cases, federal courts apply federal procedural law and state substantive law. This is because while the procedural aspects of the case (how the case is processed) are governed by the federal court's own rules, the substantive law (the law that determines the outcome of the case) is derived from the state laws that would apply if the case were tried in state court. This approach helps maintain consistency in the application of state laws while ensuring that the federal court system operates under a uniform set of procedural rules.

Question 7

An example of a special court in the federal judicial system is the:

Accepted Answer

The U.S. Court of Federal Claims is a special court in the federal judicial system that hears primarily monetary claims against the federal government. Its jurisdiction is limited to claims for money damages and its decisions are final, with appeals to the U.S. Court of Appeals for the Federal Circuit. The other options (Federal District Court, U.S. Supreme Court, and U.S. Court of Appeals) are not special courts and have broader jurisdictions.

Question 8

When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction? Over what types of cases do the federal courts have diversity jurisdiction?

Accepted Answer

The answer of When do the federal courts have jurisdiction...

Question 9

When a trial is conducted with a jury,the judge determines issues of ____ and the jury determines questions of ____.

Accepted Answer

The judge determines issues of law, which includes decisions regarding the admissibility of evidence and the interpretation of legal statutes, while the jury determines questions of fact, which includes determining credibility of witnesses and making decisions about what events actually occurred in the case.

Question 10

Personal jurisdiction:

Accepted Answer

Personal jurisdiction may be obtained by personally serving a person within a state if that person is domiciled in that state. This is known as in personam jurisdiction, which is different from in rem jurisdiction, where jurisdiction is based on the location of the property in question rather than the location of the person. Jurisdiction cannot be obtained simply by seizing the defendant's property, as this would be a violation of due process rights. Consent can also give rise to personal jurisdiction, but it is not the only way to obtain it.

Question 11

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

Accepted Answer

The answer of What is jurisdiction? How does subject matter...

Question 12

If the judge denies a defendant's ____,then the defendant has the opportunity to present evidence.However,if the judge grants the motion,then the defendant automatically wins the case and does not need to present any evidence.

Accepted Answer

A motion for a directed verdict is a request made by the defendant at the close of the prosecution's case, asking the judge to rule that there is not enough evidence to support a verdict against them. If the judge grants the motion, it means that the prosecution has failed to meet its burden of proof and the case is over. If the motion is denied, the defendant then has the opportunity to present their own evidence.

Question 13

State trial courts of general jurisdiction:

Accepted Answer

State trial courts of general jurisdiction may be called county, district, common pleas, or superior courts.

Question 14

Court-annexed arbitration:

Accepted Answer

Court-annexed arbitration is used in civil cases in which the parties seek limited amounts of damages. Option A is incorrect because it is used in both federal and state courts. Option C is incorrect because arbitrators can be professionals in any field relevant to the case, not just medical doctors. Option D is incorrect because court-annexed arbitration awards can be reviewed by the court, although the standard of review is typically deferential.

Question 15

The U.S.Supreme Court in applying the doctrine of stare decisis is:

Accepted Answer

The U.S. Supreme Court is not rigidly bound by its own decisions when applying the doctrine of stare decisis. While it generally follows precedent, it has the power to overrule its own previous decisions in certain circumstances.

Question 16

Alli,a resident of Alabama,has obtained a valid judgment against Karson,a resident of Kentucky.In this case:

Accepted Answer

Alli can enforce her judgment in Alabama by attaching Karson's property located within the state, such as his automobile, if it's there. This is because once a court has rendered a judgment, the judgment creditor (Alli) can seek to enforce that judgment against the debtor's (Karson's) assets, regardless of the debtor's state of residence, as long as the assets are within the jurisdiction where the enforcement is sought.

Question 17

Which is NOT TRUE about a pretrial conference?

Accepted Answer

A pretrial conference is a meeting between the judge and attorneys representing the parties to a dispute. It is held to encourage settlement, simplify the issues in dispute, and discuss any other matters that may aid in the disposition of the case. It is not a meeting between the attorneys and their clients to discuss fees.

Question 18

Explain the process of jury selection and the differences in the types of challenges.In addition,discuss the implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.

Accepted Answer

The answer of Explain the process of jury selection and...

Question 19

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized,the jurisdiction over the property is known as ____ jurisdiction.

Accepted Answer

Quasi in rem jurisdiction allows a court to exercise jurisdiction over a defendant's property located within the state even if the lawsuit is unrelated to that property. In personam jurisdiction applies to individuals or entities and in rem jurisdiction applies to specific property. Forum non conveniens is a doctrine that allows a court to dismiss a case if it is more appropriate to be heard in another jurisdiction.

Question 20

Patricia Plaintiff,a resident of California,has a valid judgment against Dyson Defendant,a resident of Nevada,which she now wishes to execute.Dyson owns hundreds of acres of beach-front property in California.Patricia may execute her judgment in California based on what type of jurisdiction?

Accepted Answer

Quasi in rem jurisdiction allows a court to exercise jurisdiction over an out-of-state defendant's property located within the jurisdiction. Since Dyson owns property in California, Patricia can execute her judgment against that property in California under quasi in rem jurisdiction.

Quiz 3: Civil Dispute Resolution

The decision of an arbitrator is called a(n) :