Question 1

How many districts are there in the federal court system?
A)50
B)76
C)94
D)100
E)126

Accepted Answer

In the federal court system,the trial courts,or courts of original jurisdiction,are U.S.district courts.The United States has 94 districts; each district has at least one trial court of general jurisdiction.

Question 2

A defendant uses a(n)________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.
A)interlocutory appeal
B)stipulation
C)affirmative defense
D)admission of fact
E)limited appearance

Accepted Answer

A defendant uses an affirmative defense when his or her answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.For example,if a woman sued a man for battery because he punched her in the face,he might claim that he hit her only because she aimed a gun at him and threatened to shoot.His claim that he was acting in self-defense is an affirmative defense.

Question 3

What are the trial courts in the federal court system called?
A)U)S.district courts
B)U)S.circuit courts
C)Federal circuit courts
D)Federal jurisdictional courts
E)Preemptory courts

Accepted Answer

In the federal court system,the trial courts,or courts of original jurisdiction,are U.S.district courts.The United States has numerous districts; each district has at least one trial court of general jurisdiction.Courts of general jurisdiction have the power to hear a wide range of cases and can grant almost any type of remedy.Almost every case in the federal system begins in one of these courts.

Question 4

Which of the following is required for diversity-of-citizenship?
A)Only that the plaintiff not reside in the same state as the defendant.
B)Only that the plaintiff reside in the same state as the defendant.
C)Only that the controversy concern an amount in excess of $75,000.
D)Only that the controversy concern an amount in excess of $100,000.
E)Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.

Accepted Answer

A diversity-of-citizenship case must satisfy two conditions: (1)the plaintiff(s)does(do)not reside in the same state as the defendant(s)and (2)the controversy concerns an amount in excess of $75,000.Courts use the location of a party's residence to determine whether diversity of citizenship exists.Most federal court cases are based on diversity of citizenship.

Question 5

Which of the following is true regarding state intermediate courts of appeal in state court systems?
A)States only have an intermediate court of appeals if there is no state Supreme Court.
B)In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals.
C)In states that do not have an intermediate court of appeal,there is no right of appeal to any court.
D)All states in the United States have intermediate courts of appeal.
E)Not all states in the United States have intermediate courts of appeal; and in those states,appeals go to the state court of last resort.

Accepted Answer

Intermediate courts of appeal in state courts systems are analogous to federal circuit courts of appeal.They exist in approximately one-half of the states in the United States.The names of these courts vary,but most states call them courts of appeal or superior courts.Because approximately one-half of the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.

Question 6

What is the term of appointment for United States Supreme Court justices?
A)lifetime
B)10 years and renewable,subject to the advice and consent of the United States Senate
C)10 years and nonrenewable
D)4 years and renewable,subject to the outcome of the next presidential election
E)4 years and nonrenewable

Accepted Answer

United States Supreme Court justices have lifetime appointments.

Question 7

Assume you know that Robert has told a lie about a friend of yours,Yolanda.You tell Yolanda that she should sue for defamation,but she has no interest in that.Can you sue on behalf of Yolanda?
A)Yes,so long as you give any money received to Yolanda.
B)Yes,but only if Yolanda signs a permission slip at the court.
C)Yes,but only if the dispute is for an amount under $25,000.
D)No,because there is no venue.
E)No,because you have no standing.

Accepted Answer

A person who has the legal right to bring an action in court has standing (or standing to sue).For a person to have standing,the outcome of a case must personally affect him or her.

Question 8

Once a case is in the proper court system,________ determines which trial court in the system will hear the case.
A)original jurisdiction
B)special jurisdiction
C)in rem jurisdiction
D)quasi in rem jurisdiction
E)venue

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.Usually,the trial court for the county where the defendant resides is the appropriate venue.If a case involves property,the trial court where the property is located is also an appropriate venue.Finally,if the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.The plaintiff initially chooses from among the appropriate venues when she files the case.

Question 9

Which of the following is true regarding federal jurisdiction?
A)There is no exclusive federal jurisdiction in civil matters.
B)If a case falls within federal jurisdiction,it may not also fall within state jurisdiction.
C)Some cases fall within both federal jurisdiction and state jurisdiction,but there is no exclusive federal court jurisdiction.
D)Some cases fall within both federal jurisdiction and state jurisdiction,but that only occurs in criminal matters.
E)Some cases fall within both federal jurisdiction and state jurisdiction,but the federal court system has exclusive jurisdiction over some cases.

Accepted Answer

Federal courts may have concurrent jurisdiction with state courts,and federal courts have exclusive jurisdiction over a few cases.

Question 10

For purposes of diversity-of-citizenship,where does a corporation reside?
A)The state of incorporation only.
B)The state in which the corporation has its principal place of business only.
C)Both the state in which the corporation has its principal place of business and the state of incorporation.
D)Any state in which the corporation does business.
E)Any state in which the corporation has done business within the last five years.

Accepted Answer

A business may reside in two states: the state of its incorporation and the state of its principal place of business.

Question 11

Bob sued Jane over a motor vehicle accident.Bob and Jane settled the case prior to trial for $1,000.The lawsuit is now ________.
A)ripe
B)moot
C)subject to summary judgment
D)suspended without prejudice
E)remanded

Accepted Answer

A case is ripe if a judge's decision is capable of affecting the parties immediately.Usually the issue of ripeness arises when one party claims that the case is moot-in other words,there is no point in the court's hearing the case because no judgment can affect the situation between the parties.

Question 12

Over which of the following does the federal court system have exclusive jurisdiction?
A)Admiralty cases and bankruptcy cases,but not federal criminal prosecutions.
B)Admiralty cases and federal criminal cases,but not bankruptcy cases.
C)Federal criminal prosecutions and bankruptcy cases,but not admiralty cases.
D)Diversity cases only.
E)Admiralty cases,bankruptcy cases,and federal criminal prosecutions.

Accepted Answer

The federal court system has exclusive jurisdiction over very few cases: admiralty cases,bankruptcy cases,federal criminal prosecutions,lawsuits in which one state sues another state,claims against the United States,and patent,trademark,and copyright cases.Additionally,federal courts have exclusive jurisdiction over claims arising under federal statutes that specify exclusive federal jurisdiction.

Question 13

A(n)________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.
A)default judgment
B)judgment on the pleadings
C)dismissal without prejudice
D)interlocutory appeal
E)judgment notwithstanding the verdict

Accepted Answer

The summons tells the defendant that if he or she does not respond to the lawsuit within a certain time period,the plaintiff will receive a default judgment.A default judgment is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Question 14

Which of the following is an incorrect statement regarding the United States Supreme Court?
A)The U.S.Supreme Court is the court of last resort in the federal court system.
B)The U.S.Supreme Court hears appeals of cases from the court of last resort in a state court system.
C)The U.S.Supreme Court will not hear cases considering questions of pure state law.
D)On rare occasions,the U.S.Supreme Court functions as a trial court.
E)The U.S.Supreme Court is the final appellate court in the state court system.

Accepted Answer

The United States Supreme Court is the final appellate court (i.e.,the court of last resort)in the federal court system.The Court hears appeals of cases from the court of last resort in a state system.The Court will not,however,hear cases considering questions of pure state law.The Court also functions as a trial court on rare occasions.

Question 15

Billy knows that he can bring his case against Bob in a state court in Tennessee.He is unsure,however,of which county in which to proceed.Which of the following addresses the proper county?
A)In personam jurisdiction
B)Venue
C)Subject-matter jurisdiction
D)Diversity jurisdiction
E)Long-arm jurisdiction

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.Usually,the trial court for the county where the defendant resides is the appropriate venue.

Question 16

Three common discovery tools include:
A)Interrogatories,motions for judgments on the pleadings,and depositions
B)Motions for summary judgment,requests to produce documents,and depositions
C)Requests to produce documents,dismissals with prejudice,and depositions
D)Interrogatories,requests to produce documents,and depositions
E)Interrogatories,depositions,and inquisitions

Accepted Answer

Three common discovery tools include interrogatories,requests to produce documents,and depositions.

Question 17

The case-or-controversy requirement ensures that courts do not render ________.
A)summary judgments
B)default judgments
C)advisory opinions
D)dismissals with prejudice
E)dismissals without prejudice

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 18

Interrogatories are:
A)written questions
B)depositions taken in the state in which the defendant resides
C)depositions taken in the state in which the plaintiff resides
D)in-court testimony given under oath
E)in-court testimony given under affirmation

Accepted Answer

Interrogatories are written questions that one party sends to the other to answer under oath.

Question 19

After the discovery process,either party can file a motion for ________.This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts,her only reasonable decision would be in favor of the moving party.
A)dismissal without prejudice
B)summary judgment
C)sanctions
D)judgment notwithstanding the verdict
E)an interlocutory appeal

Accepted Answer

After the discovery process,either party can file a motion for summary judgment.This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts,her only reasonable decision would be in favor of the moving party.The judge grants this motion if,after examining the evidence,she finds no factual disputes.If,however,she finds any factual issues about which the parties disagree,she denies the motion and sends the case to trial.

Question 20

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of ________.This right entitles the defendant to transfer the case to federal court.
A)replevin
B)absolution
C)remand
D)summary judgment
E)removal

Accepted Answer

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of removal.This right entitles the defendant to transfer the case to federal court.Thus,either party to a case involving concurrent jurisdiction can put the case in the federal court system: The plaintiff can file the case in federal court initially,or,if the case was initially filed in state court,the defendant can transfer the case to federal court by exercising the right of removal.

Quiz 3: The Uslegal System and Alternative Dispute Resolution

How many districts are there in the federal court system?

A defendant uses a(n) ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

What are the trial courts in the federal court system called?

Which of the following is required for diversity-of-citizenship?

Which of the following is true regarding state intermediate courts of appeal in state court systems?

What is the term of appointment for United States Supreme Court justices?

Assume you know that Robert has told a lie about a friend of yours,Yolanda.You tell Yolanda that she should sue for defamation,but she has no interest in that.Can you sue on behalf of Yolanda?

Once a case is in the proper court system,________ determines which trial court in the system will hear the case.

Which of the following is true regarding federal jurisdiction?

For purposes of diversity-of-citizenship,where does a corporation reside?

Bob sued Jane over a motor vehicle accident.Bob and Jane settled the case prior to trial for $1,000.The lawsuit is now ________.

Over which of the following does the federal court system have exclusive jurisdiction?

A(n) ________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Which of the following is an incorrect statement regarding the United States Supreme Court?

Billy knows that he can bring his case against Bob in a state court in Tennessee.He is unsure,however,of which county in which to proceed.Which of the following addresses the proper county?

Three common discovery tools include:

The case-or-controversy requirement ensures that courts do not render ________.

Interrogatories are:

After the discovery process,either party can file a motion for ________.This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts,her only reasonable decision would be in favor of the moving party.

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of ________.This right entitles the defendant to transfer the case to federal court.