Question 1

How many districts are there in the federal court system?

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.

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?

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?

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?

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?

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?

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.

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?

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?

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 ________.

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?

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.

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?

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?

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:

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 ________.

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:

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.

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.

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