Question 1

Once a case is in the proper court system,application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

Accepted Answer

Once a case is in the proper court system,venue determines which trial court in the system will hear the case.Venue is a matter of geographic location that each state's statutes determine.

Question 2

Either party may appeal a judge's final judgment.

Accepted Answer

Either party may appeal the judge's decision on posttrial motions,or on her or his final judgment.Sometimes,both parties appeal the same decision.

Question 3

Conditional federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Accepted Answer

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.Concurrent jurisdiction covers two types of cases: federal-question and diversity-of-citizenship cases.

Question 4

Subject-matter jurisdiction is also known as "in rem" jurisdiction.

Accepted Answer

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.Cases may fall under state jurisdiction,exclusive federal jurisdiction,or concurrent (state and federal)jurisdiction.

Question 5

A federal district court established a "sliding-scale" standard for determining whether a business with Internet connections satisfies the minimum-contacts standard.

Accepted Answer

A federal district court established a "sliding-scale" standard for determining whether a business with Internet connections satisfies the minimum-contacts standard.This sliding-scale test was created in Zippo Manufacturing Co.v.Zippo Dot Com,Inc.and is now most often used as the test that determines whether a company conducting business over the Internet is subject to personal jurisdiction in a certain state.In the Zippo case,the court stated that "the likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet."

Question 6

State courts have the power to hear all cases,including those cases within the exclusive jurisdiction of the federal court system.

Accepted Answer

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.The state court system has a broad range of jurisdiction; most cases fall under state court jurisdiction.

Question 7

The term ADR refers to the resolution of legal disputes through litigation.

Accepted Answer

The term ADR refers to the resolution of legal disputes through methods other than litigation,such as negotiation,mediation,arbitration,summary jury trials,minitrials,neutral case evaluations,and private trials.

Question 8

In most states,a party has a certain,limited number of peremptory challenges.

Accepted Answer

In most states,a party has a certain,limited number of peremptory challenges.These peremptory challenges allow a party to challenge a certain number of potential jurors without giving a reason.

Question 9

Quasi in rem jurisdiction is also known as attachment jurisdiction.

Accepted Answer

Courts can gain quasi in rem jurisdiction,or attachment jurisdiction,over a defendant's property that is unrelated to the plaintiff's claim.

Question 10

A defendant who believes that he or she has a claim against the plaintiff would include a pleading known as a reply with the answer.

Accepted Answer

If the defendant believes he has a claim against the plaintiff,he includes a counterclaim with the answer.In the counterclaim,the defendant states the facts supporting his claim and asks for relief.

Question 11

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.

Accepted Answer

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.Courts can give final judgments that solve existing problems; they cannot provide rulings about hypothetical situations.

Question 12

A reply is a formal answer to a motion for summary judgment.

Accepted Answer

A reply is an answer to a counterclaim.In the reply,the plaintiff admits,denies,or claims a lack of knowledge as to the accuracy of the facts of the defendant's counterclaim.

Question 13

The United States circuit courts of appeal are known as courts of last resort.

Accepted Answer

The United States circuit courts of appeal are known as intermediate courts of appeal.

Question 14

A court need only have one type of jurisdiction to decide any particular case.

Accepted Answer

A court must have several types of jurisdiction to decide any particular case.

Question 15

In Batson v.Kentucky,the United States Supreme Court ruled that gender-based peremptory challenges in civil cases violate the due process clause of the Fourteenth Amendment to the U.S.Constitution.

Accepted Answer

In Batson v.Kentucky,the United States Supreme Court ruled that race-based peremptory challenges in criminal cases violate the equal protection clause of the Fourteenth Amendment to the U.S.Constitution.

Question 16

If an appellate judge agrees with the majority's decision but for different reasons,the judge may write a "dissenting" opinion.

Accepted Answer

If a judge agrees with the majority's decision but for different reasons,she may write a concurring opinion stating the reasons she used to reach the majority's conclusion.Judges disagreeing with the majority may write a dissenting opinion,giving their reasons for reaching a contrary conclusion.

Question 17

The justices of the United States Supreme Court serve ten-year terms of appointment,subject to renewal by the advice and consent of the U.S.Senate.

Accepted Answer

The justices of the United States Supreme Court have lifetime appointments.

Question 18

A person who has the legal right to bring an action in court has what is known as a conditional privilege.

Accepted Answer

A person who has the legal right to bring an action in court has standing (or standing to sue); and for a person to have standing,the outcome of the case must personally affect him or her.The reason the American legal system requires this personal stake in the outcome is the belief that the plaintiff's personal stake stimulates her to present the best possible case.

Question 19

The defendant responds to a complaint with a document formally known as a reply.

Accepted Answer

The defendant responds to the complaint with an answer.In this document,the defendant denies,affirms,or claims no knowledge of the accuracy of the plaintiff's allegations.

Question 20

The United States Supreme Court hears approximately 175 cases per year.

Accepted Answer

Every year thousands of individuals file appeals with the United States Supreme Court,but the Court hears,on average,only 80 to 90 cases each year.To file an appeal to the U.S.Supreme Court,a party files a petition asking the Court to issue a writ of certiorari,an order to the lower court to send to the Supreme Court the record of the case.The Court issues very few writs.

Quiz 3: The Uslegal System and Alternative Dispute Resolution