Question 1

To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court.

Accepted Answer

While parties may appear in person to file a lawsuit, it is not necessary to initiate a lawsuit. A lawsuit can also be initiated by filing a complaint with the court. Additionally, parties may choose to have their attorneys represent them in court instead of appearing in person.

Question 2

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Accepted Answer

Peremptory challenges allow attorneys to remove a certain number of potential jurors from serving on a jury without providing a reason.

Question 3

Depositions are usually taken in the courtroom for purposes of discovery.

Accepted Answer

Depositions are usually taken outside the courtroom, such as in an attorney's office, for the purpose of discovery.

Question 4

The defendant in a civil case is the party who is suing.

Accepted Answer

The defendant in a civil case is the party who is being sued, not the party who is suing.

Question 5

Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.

Accepted Answer

This is generally true, but there may be exceptions in certain jurisdictions or circumstances.

Question 6

A family law court is an example of a small claims court.

Accepted Answer

A family law court is not an example of a small claims court. Small claims courts are intended to resolve small financial disputes, while family law courts deal with legal issues related to marriage, divorce, child custody, and adoption.

Question 7

Federal district courts are the trial courts of the federal court system.

Accepted Answer

District courts are the trial courts of the federal court system where federal cases are heard and decided upon.

Question 8

The authority of a court to decide certain types of cases is called jurisdiction.

Accepted Answer

This statement is true.

Question 9

If questions of fact are involved, a judge will usually decide the case based on the pleadings alone.

Accepted Answer

If questions of fact are involved, a judge will usually need to hear evidence and testimony before making a decision. This typically occurs during a trial, rather than based on the pleadings alone.

Question 10

An appellate court determines whether there has been reversible error.

Accepted Answer

This is true. The primary function of an appellate court is to review trial court decisions for error, which may result in the reversal of the lower court's decision.

Question 11

An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.

Accepted Answer

An en banc decision within a U.S. Court of Appeal requires the participation of all active judges within the circuit, which can range from 6 to 29 judges depending on the circuit.

Question 12

A judge rules on the admissibility of evidence presented in the trial.

Accepted Answer

It is the judge's responsibility to decide whether evidence presented in court is admissible or not. The judge must follow rules of evidence to ensure that only reliable and relevant evidence is considered in the trial.

Question 13

A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.

Accepted Answer

Limited jurisdiction refers to the specific types of cases or the monetary value of the disputes that a court is authorized to hear. In this case, the court can only hear disputes involving damages of $5,000 or less, which means it has limited jurisdiction.

Question 14

Garnishment is a method for satisfying a judgment against a defendant.

Accepted Answer

Garnishment allows a judgment creditor to collect money owed by a debtor by having a portion of the debtor's wages or bank account funds withheld and turned over directly to the creditor.

Question 15

A probate court is an example of a general trial court.

Accepted Answer

Probate courts specialize in matters related to the estate of a deceased person, such as wills, trusts, and estate administration, rather than handling a wide range of legal issues like a general trial court.

Question 16

The federal court system consists of three levels.

Accepted Answer

The federal court system consists of three levels: United States District Courts, United States Courts of Appeals, and the Supreme Court of the United States.

Question 17

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Accepted Answer

This is correct. The pleadings include documents such as the complaint, answer, and any counterclaims or cross-claims filed by the parties at the beginning of a lawsuit.

Question 18

State supreme courts generally hear all cases appealed to them.

Accepted Answer

State supreme courts typically have discretionary jurisdiction, meaning they can choose which cases to hear, often focusing on those of significant legal or public interest.

Question 19

A motion for a directed verdict occurs immediately after the last pleading is filed.

Accepted Answer

A motion for a directed verdict is usually made after both parties have presented their cases and all evidence has been presented during the trial. It is not related to the filing of pleadings.

Question 20

All courts have general jurisdiction.

Accepted Answer

Courts may have limited jurisdiction depending on their level and type. For example, a small claims court may only have jurisdiction over cases involving a certain amount of money or property, while a federal district court may only have jurisdiction over cases regarding federal law or disputes between citizens of different states. However, no court has general jurisdiction over all types of legal disputes.

Quiz 2: The Court System and Dispute Resolution