Question 1

The courts are judicial tribunals that meet in a regular place and apply the law in an attempt to settle disputes by weighing the arguments presented by advocates for each party.

Accepted Answer

The laws of the American government are interpreted and implemented by a system of courts authorized by either the federal or state constitutions and generally established by legislative authority.

Question 2

In federal diversity cases, corporations are only considered a citizen of the state in which they have their principal place of business.

Accepted Answer

To have diversity jurisdiction in federal court, a corporation is considered a citizen of the state where it is incorporated and where it has its principal place of business. If even one defendant is a citizen of the same state as one of the plaintiffs, diversity cannot be established. In such a case, the law says that "diversity is not complete." In addition, diversity cases must involve an amount over $75,000.

Question 3

The decisions of state supreme courts are final unless a federal issue or a constitutional right is involved.

Accepted Answer

If a federal issue or constitutional right is involved, the case may be appealed or removed to a federal court.

Question 4

The text of the U.S. Constitution gives the Supreme Court appellate jurisdiction in a case in which a state is a party.

Accepted Answer

The U.S. Supreme Court has original jurisdiction in cases affecting ambassadors or other public ministers and consuls, and in cases in which a state is a party.

Question 5

If Joe sues Marie as the result of a contract dispute, Marie cannot request that Joe undergo a physical examination.

Accepted Answer

Such requests can be made only if the physical or mental condition of the party is in controversy; it must be a central concern to the lawsuit.

Question 6

A demurrer is a defendant's motion asking a court to dismiss the plaintiff's lawsuit because he or she has failed to state a claim upon which relief can be granted.

Accepted Answer

A demurrer is a motion (a legal request) by a defendant which asks a court to dismiss a plaintiff's case because he or she has failed to state a legal claim for which a relief (remedy) can be granted.

Question 7

A federal court that only has the power to hear immigration cases is a court of special jurisdiction.

Accepted Answer

Courts with the power to hear only certain types of cases have special jurisdiction. Examples of courts with special jurisdiction also include probate courts and courts of claims.

Question 8

The complaint is presented by the plaintiff directly to the defendant and is called service of process.

Accepted Answer

The complaint sets forth the names of the parties to the lawsuit, identifying them as plaintiffs or defendants. The complaint is "served" on the defendant by a process server, generally a county official, such as a sheriff deputy or constable.

Question 9

Any webpage advertisement on the Internet can usually establish jurisdiction under the minimum contacts for personal jurisdiction.

Accepted Answer

Cases in which the defendant simply placed an inactive advertisement on the Internet will not usually establish jurisdiction under the minimum contacts test or the New Jersey stream of commerce test. Courts have established a "sliding scale" to help judges and attorneys to determine whether personal jurisdiction exists.

Question 10

A defendant is a person who begins a lawsuit by filing a complaint against a plaintiff in a trial court of general jurisdiction.

Accepted Answer

On the contrary, the defendant is the person against whom the lawsuit has been filed and from whom a recovery is sought.

Question 11

Appellate courts use the clearly erroneous standard to determine whether a judge in the lower court has, in some way, misused his or her authority.

Accepted Answer

The clearly erroneous standard is used when an appeals court determines that the decision made in the lower court was undeniably wrong, given the facts and evidence in the case. Courts use the abuse of discretion standard to determine whether the judge in the lower court has, in some way, misused his or her authority.

Question 12

A federal question can involve the U.S. Constitution, a federal statute, or a treaty.

Accepted Answer

Federal district courts have subject matter jurisdiction over cases that pertain to a federal question.

Question 13

In the Nicastro v. McIntyre (2010) case, the New Jersey Supreme Court applied the stream of commerce test to determine liability.

Accepted Answer

In this case, the New Jersey Supreme Court embraced a new theory of jurisdiction, the stream of commerce test. Under the stream of commerce test, the burden is on the plaintiff to prove the defendant sent one of its products into "the stream of commerce" based on the manufacturer's plan of national distribution.

Question 14

Formal criminal charges may be brought against a defendant in state court without a grand jury being involved.

Accepted Answer

In the United States, formal charges against the defendant in state court may be brought either by indictment or by information. Some states do not have a grand jury system and therefore, can bring formal charges only by information.

Question 15

State trial courts are known as limited jurisdiction courts.

Accepted Answer

The state trial courts, also known as general jurisdiction courts, have the power to hear any type of case. They are often called superior courts, circuit courts, or courts of common pleas.

Question 16

The U.S. federal court system is divided into 13 circuits.
D.C. and federal circuits. Each circuit has several district courts.

Accepted Answer

The U.S. federal court system is divided into 13 circuits, including the Washington,

Question 17

Jury instructions contain the judge's opinion of the evidence presented.

Accepted Answer

Because juries comprise many people who are not familiar with particular aspects of the law, someone must explain the law to the jury. The judge's instructions explain the rules of law that the jurors are to apply to the facts in reaching their decision.

Question 18

The defendant's answer may contain a counterclaim which is an affirmative defense.

Accepted Answer

A counterclaim is not an affirmative defense. An affirmative defense, such as assumption of the risk, is a set of circumstances that indicate that the defendant should not be held liable, even if the plaintiff proves all of the facts in the complaint.

Question 19

Subject matter jurisdiction in federal court cannot arise in cases of diversity if no federal law is involved.

Accepted Answer

The federal courts have subject matter jurisdiction over two types of cases-those involving federal law and those involving diversity.

Question 20

Having been called for jury selection, Lawrence discovered that the defendant in the trial is the brother of his stockbroker. The lawyers may rightfully reject Lawrence on the grounds that his relationship with the stockbroker may affect his ability to be an unbiased juror.

Accepted Answer

Prospective jurors may be rejected if they are unable to render an impartial judgment. One reason for rejecting a prospective juror is if he or she had a personal relationship with the litigant or with a witness.

Quiz 3: The Judicial Process and Cyber-Procedure