Question 1

A company is considering locating its headquarters in West Virginia,but wants to know how the court system treats businesses in the state.What advice would be most appropriate:

Accepted Answer

The American Tort Reform Association's classification of West Virginia as a top judicial hellhole for businesses suggests that the state's court system may not be favorable to businesses. Therefore, the company should consider a different location. None of the other options provide a compelling reason for the company's decision.

Question 2

For a person to have standing:

Accepted Answer

A)For a person to have standing,the outcome of a case must personally affect him
or her.
B)For a person to have standing,the outcome of a case must personally affect him or her.
C)For a person to have standing,the outcome of a case must personally affect him or her.
D)For a person to have standing,the outcome of a case must personally affect him or her.
E)For a person to have standing,the outcome of a case must personally affect him or her.

Question 3

[Appellate Court.] DeShaun,who is a bit eccentric,is fed up with the way a certain employer in his town treats employees and decides to sue on behalf of all those employees.DeShaun also says that he is going to start his case at the appellate court level,skipping over all those "lesser" judges.DeShaun says that those justices will surely hear him out and that he will also seek a jury.
-Will an appellate court hear DeShaun's case?

Accepted Answer

A)In state court systems,most cases begin in a trial court of general jurisdiction.
B)In state court systems,most cases begin in a trial court of general jurisdiction.
C)In state court systems,most cases begin in a trial court of general jurisdiction.
D)In state court systems,most cases begin in a trial court of general jurisdiction.
E)In state court systems,most cases begin in a trial court of general jurisdiction.

Question 4

Which of the following is typically an appropriate venue in a lawsuit?

Accepted Answer

A)Usually,the trial court where the defendant resides is the appropriate venue;if
the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.
B)Usually,the trial court where the defendant resides is the appropriate venue;if the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.
C)Usually,the trial court where the defendant resides is the appropriate venue;if the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.
D)Usually,the trial court where the defendant resides is the appropriate venue;if the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.
E)Usually,the trial court where the defendant resides is the appropriate venue;if the focus of the case is a particular incident,the trial court where the dispute occurred is an appropriate venue.

Question 5

Which of the following is a path that a case could take through the U.S.court system:

Accepted Answer

This is the only path that includes a state Supreme Court, which is necessary if the case originates in a state court. The path is also accurate in terms of ascending to higher courts, culminating in the U.S. Supreme Court.

Question 6

If a plaintiff files a case in state court that could also have been filed in federal court,does the defendant have any say in where the case is heard?

Accepted Answer

A)When a case falls under concurrent jurisdiction,the defendant can transfer the case to federal court by exercising her right of removal if the case is initially filed in state court.
B)When a case falls under concurrent jurisdiction,the defendant can transfer the case to federal court by exercising her right of removal if the case is initially filed in state court.
C)When a case falls under concurrent jurisdiction,the defendant can transfer the case to federal court by exercising her right of removal if the case is initially filed in state court.
D)When a case falls under concurrent jurisdiction,the defendant can transfer the case to federal court by exercising her right of removal if the case is initially filed in state court.
E)When a case falls under concurrent jurisdiction,the defendant can transfer the case to federal court by exercising her right of removal if the case is initially filed in state court.

Question 7

Regardless of the court involved,can DeShaun act as plaintiff for the employees?

Accepted Answer

A)For a person to have standing,the outcome of a case must personally affect him
or her.
B)For a person to have standing,the outcome of a case must personally affect him or her.
C)For a person to have standing,the outcome of a case must personally affect him or her.
D)For a person to have standing,the outcome of a case must personally affect him or her.
E)For a person to have standing,the outcome of a case must personally affect him or her.

Question 8

Yolanda found a better job and quit Robert's employment.Yolanda,however,wants to sue Robert because she believes that he may have terminated her employment based on age discrimination if she had not quit.At this point,which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked?

Accepted Answer

A)A case is moot when there is no point in the court's hearing the case because no
judgment can affect the situation between the parties.
B)A case is moot when there is no point in the court's hearing the case because no judgment can affect the situation between the parties.
C)A case is moot when there is no point in the court's hearing the case because no judgment can affect the situation between the parties.
D)A case is moot when there is no point in the court's hearing the case because no judgment can affect the situation between the parties.
E)A case is moot when there is no point in the court's hearing the case because no judgment can affect the situation between the parties.

Question 9

Which of the following is true regarding trials in Japan?

Accepted Answer

A)The Japanese legal system has no juries,the discovery process is not as simple as
it is in the U.S. ,and trial is a series of discrete meetings between the parties and the judge.
B)The Japanese legal system has no juries,the discovery process is not as simple as it is in the U.S. ,and trial is a series of discrete meetings between the parties and the judge.
C)The Japanese legal system has no juries,the discovery process is not as simple as it is in the U.S. ,and trial is a series of discrete meetings between the parties and the judge.
D)The Japanese legal system has no juries,the discovery process is not as simple as it is in the U.S. ,and trial is a series of discrete meetings between the parties and the judge.
E)The Japanese legal system has no juries,the discovery process is not as simple as it is in the U.S. ,and trial is a series of discrete meetings between the parties and the judge.

Question 10

Assuming DeShaun eventually ends up at the appellate level,is he entitled to a jury at the appellate level?

Accepted Answer

A)Appellate courts do not have juries;rather,the judges decide the case by majority
vote.
B)Appellate courts do not have juries;rather,the judges decide the case by majority vote.
C)Appellate courts do not have juries;rather,the judges decide the case by majority vote.
D)Appellate courts do not have juries;rather,the judges decide the case by majority vote.
E)Appellate courts do not have juries;rather,the judges decide the case by majority vote.

Question 11

The U.S.Court of Appeals has ________ circuits.

Accepted Answer

A)The United States has 12 circuits,including a circuit for the District of Columbia.
B)The United States has 12 circuits,including a circuit for the District of Columbia.
C)The United States has 12 circuits,including a circuit for the District of Columbia.
D)The United States has 12 circuits,including a circuit for the District of Columbia.
E)The United States has 12 circuits,including a circuit for the District of Columbia.

Question 12

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

Accepted Answer

A)In the federal court system,the trial courts,or courts of original jurisdiction,are
U.S.district courts.
B)In the federal court system,the trial courts,or courts of original jurisdiction,are
U.S.district courts.
C)In the federal court system,the trial courts,or courts of original jurisdiction,are
U.S.district courts.
D)In the federal court system,the trial courts,or courts of original jurisdiction,are
U.S.district courts.
E)In the federal court system,the trial courts,or courts of original jurisdiction,are
U.S.district courts.

Question 13

The federal court system derives its power from:

Accepted Answer

A)The federal court system derives its power from Article III,Section 2,of the U.S.
Constitution.
B)The federal court system derives its power from Article III,Section 2,of the U.S.Constitution.
C)The federal court system derives its power from Article III,Section 2,of the U.S.Constitution.
D)The federal court system derives its power from Article III,Section 2,of the U.S.Constitution.
E)The federal court system derives its power from Article III,Section 2,of the U.S.Constitution.

Question 14

Assuming there are no vacancies,how many U.S.Supreme Court justices are there?

Accepted Answer

A)Nine justices,who have lifetime appointments,make up the high court.
B)Nine justices,who have lifetime appointments,make up the high court.
C)Nine justices,who have lifetime appointments,make up the high court.
D)Nine justices,who have lifetime appointments,make up the high court.
E)Nine justices,who have lifetime appointments,make up the high court.

Question 15

Which of the following is true regarding the court system in the Republic of China Taiwan)?

Accepted Answer

A)While Taiwan's Supreme Court is the court of last resort for civil and criminal
cases,responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
B)While Taiwan's Supreme Court is the court of last resort for civil and criminal cases,responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
C)While Taiwan's Supreme Court is the court of last resort for civil and criminal cases,responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
D)While Taiwan's Supreme Court is the court of last resort for civil and criminal cases,responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
E)While Taiwan's Supreme Court is the court of last resort for civil and criminal cases,responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.

Question 16

[Revenge] Tamra,a first year law student,slipped on a freshly mopped floor while walking to class.She bumped into Anton,another first year law student,breaking his glasses.He was very angry with Tamra and let the air out of one of her car tires.Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Anton sued Tamra in state court.Tamra,in the same lawsuit,brought an action against Anton for letting the air out of her tire.At the trial in state court,Tamra told the judge that a friend,Aimee,told Tamra that she saw Anton let the air out of Tamra's tire.The judge disallowed Tamra's testimony on that issue.Aimee also came to court and testified about seeing Anton let the air out of the tires.The state court judge ruled in favor of Tamra.Anton said that he was not giving up and that he would seek double damages on appeal in federal court.Tamra and Anton live in different states when not attending school.After the trial,Tamra reported Anton's action of letting the air out of her tire to the police,who said that they would proceed with a criminal action against Anton.Anton goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.
-What should Alex say to Anton regarding an appeal filed in federal court?

Accepted Answer

A)The U.S.legal system has two parallel court structures,a federal system and a state system;and once a plaintiff tries a case in one of the systems,the case remains in that system throughout the appeals process.
B)The U.S.legal system has two parallel court structures,a federal system and a state system;and once a plaintiff tries a case in one of the systems,the case remains in that system throughout the appeals process.
C)The U.S.legal system has two parallel court structures,a federal system and a state system;and once a plaintiff tries a case in one of the systems,the case remains in that system throughout the appeals process.
D)The U.S.legal system has two parallel court structures,a federal system and a state system;and once a plaintiff tries a case in one of the systems,the case remains in that system throughout the appeals process.
E)The U.S.legal system has two parallel court structures,a federal system and a state system;and once a plaintiff tries a case in one of the systems,the case remains in that system throughout the appeals process.

Question 17

Which of the following is true regarding state courts of appeal?

Accepted Answer

A)Because approximately half the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.
B)Because approximately half the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.
C)Because approximately half the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.
D)Because approximately half the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.
E)Because approximately half the states lack intermediate courts of appeal,appeals from trial courts in these states go directly to the state court of last resort.

Question 18

Intermediate Courts of Appeal:

Accepted Answer

Intermediate Courts of Appeal are similar to federal circuit courts of appeal, as they hear appeals from trial courts and their decisions can be appealed to a higher court. They are found in many, but not all, states. They are not courts of last resort and have a more limited jurisdiction than the U.S. Supreme Court.

Question 19

Neville knows that he can bring his case against Bob Ramona in a state court in Tennessee.He is unsure,however,of but he doesn't know which the correct county in which to proceed.Which of the following address the proper county?

Accepted Answer

A)Once a case is in the proper court system,venue determines which trial court in
the system will hear the case.
B)Once a case is in the proper court system,venue determines which trial court in the system will hear the case.
C)Once a case is in the proper court system,venue determines which trial court in the system will hear the case.
D)Once a case is in the proper court system,venue determines which trial court in the system will hear the case.
E)Once a case is in the proper court system,venue determines which trial court in the system will hear the case.

Question 20

Susan has lost her appeal in her state Supreme Court on a matter concerning a question of pure state law.She wishes to appeal to the U.S.Supreme Court.Susan:

Accepted Answer

A)The U.S.Supreme 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.
B)The U.S.Supreme 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.
C)The U.S.Supreme 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.
D)The U.S.Supreme 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.
E)The U.S.Supreme 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.

Quiz 3: The Uslegal System