Deck 3: Civil Dispute Resolution

Question 1

Congress has established thirteen judicial circuits (twelve numbered circuits plus the District of Columbia circuit), each having a court known as the Court of Appeals.

Answer 1

False

Question 2

In many states, judges are elected by the voters for a stated number of years.

Answer 2

True

Question 3

A quorum for the United States Supreme Court consists of any three justices.

Answer 3

False

Question 4

The U.S.Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board and the U.S.Court of Veterans Appeals.

Question 5

The federal courts and the state courts can never have concurrent jurisdiction over the same case.

Question 6

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

Question 7

The decisions of the U.S.Courts of Appeals are binding on the other federal courts except for the U.S.Supreme Court.

Question 8

Watson, charged with crossing the center line in his vehicle, would ordinarily have the case heard in his state's trial court of general jurisdiction.

Question 9

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

Question 10

A decision of a state court is binding on all courts inferior to it in its jurisdiction.Thus, the decision of a state supreme court binds all other courts in that state.

Question 11

The appellate court does not hear any new evidence but rather takes the case upon the record, abstracts, and briefs.

Question 12

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness or the opposing party.

Question 13

A case before a U.S.Court of Appeals is generally heard by all judges of the circuit sitting en banc.

Question 14

Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.

Question 15

Judges who serve on the U.S.Courts of Appeals receive lifetime appointments from the President, subject to confirmation by the Senate.

Question 16

When compared to a court trial, arbitration has the advantage of privacy.

Question 17

In the United States, there is never a right to a jury trial in a civil case.

Question 18

The federal courts only have jurisdiction to hear cases involving federal statutes or the U.S.Constitution.

Question 19

When a judgment is entered into against the defendant, the court will require him to pay the amount due immediately or serve a sentence.

Question 20

The U.S.District Court is the trial-level court in the federal court system.

Question 21

In a civil lawsuit, after a plaintiff files a complaint with the clerk of the trial court, the clerk issues a summons to be served on the defendant to notify him that a suit has been brought against him.

Question 22

The purpose of pleadings is to give notice and to establish the issues of fact and law that the parties dispute.

Question 23

A court will grant summary judgment after a trial if the judge makes a final, binding determination on the merits of the case.

Question 24

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Question 25

Stare decisis has no application in a dual court system.

Question 26

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

Question 27

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

Question 28

A state may only obtain jurisdiction over defendants that reside within that state.

Question 29

Jared, a citizen of Missouri, brings suit in federal court against Cryden Corp., which has its principal place of business in Kansas.The court in this diversity of citizenship suit must apply federal substantive law and procedural rules.

Question 30

The definition of in rem jurisdiction is jurisdiction based on claims against property.

Question 31

One reason arbitration may be preferred over litigation is that the quality of the decision may be higher than that available through the court system.

Question 32

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

Question 33

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

Question 34

An appeal from a small claims court is taken to the state court of appeals where a trial de novo is begun.

Question 35

The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Question 36

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

Question 37

In personam jurisdiction can only be obtained by serving process on the party within the state in which the court is located.

Question 38

The jury's verdict in a summary jury trial is not binding on the parties.

Question 39

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

Question 40

A court needs to have both subject matter jurisdiction and jurisdiction over the parties involved before it can hear a particular case.

Question 41

Which of the following are pleadings?

A)Complaint, summons, answer, reply.
B)Interviews, discovery, witness list, arbitration.
C)Summons, depositions, written interrogatories, voir dire.
D)Both (a) and (b).

Question 42

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

A)conciliation.
B)discovery.
C)consensual arbitration.
D)compulsory arbitration.

Question 43

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

A)once resided in State A.
B)uses a product produced in State A.
C)made a contract in State A.
D)has relatives in State A.

Question 44

A decision of the Supreme Court of Washington would always be binding on:

A)a federal district court in Washington.
B)a state trial court in Washington.
C)the U.S.Court of Appeals for the 9th Circuit.
D)a state trial court in Oregon.

Question 45

The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error.

Question 46

Diversity of citizenship exists when:

A)the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens.
B)a foreign country brings an action against citizens of the United States.
C)the controversy is between citizens of the United States and citizens of a foreign country.
D)All of the above.

Question 47

The "discovery" stage of a trial includes which one of the following?

A)Production of documents.
B)Written interrogatories.
C)Depositions.
D)All of the above.

Question 48

Venue is the same as jurisdiction.

Question 49

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

A)one
B)two
C)three
D)four

Question 50

Jean is called for jury duty.However, the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males.In this case:

A)the defendant's attorney will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror.
B)the attorney will succeed in keeping Jean off the jury because his defendant is a male.The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean.
C)the defense attorney's use of the peremptory challenge to exclude Jean from the jury could be successfully contested and disallowed because it is unconstitutional.
D)a judge may not invade the privacy of an attorney's theory of a case as manifested in peremptory challenges.

Question 51

Only a small percentage of petitions to the U.S.Supreme Court for review by certiorari are granted.

Question 52

Appellate judges can reverse a decision of the trial court:

A)where any error below is found.
B)only where there was a prejudicial error that substantially affected the appellant's rights and duties.
C)only where the outcome of the case is clearly wrong.
D)where the losing party desires a new trial.

Question 53

Harris was awarded $4 million in damages in a malpractice case against Dr.Kelsoe.The doctor's attorney filed a motion for a new trial.The motion may be granted if:

A)the damages are excessive.
B)the verdict was against the weight of the evidence.
C)the trial was unfair.
D)All of the above.

Question 54

One method of appealing a case to the U.S.Supreme Court is by:

A)writ of execution.
B)offer of proof.
C)writ of certiorari.
D)request for admissions.

Question 55

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S.Supreme Court.

Question 56

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle.Bill may bring suit in federal district court:

A)because of federal question jurisdiction.
B)because there is always federal jurisdiction if there is diversity of citizenship.
C)if the amount in controversy is over $75,000.
D)if the accident occurred outside of Illinois or Wisconsin.

Question 57

A default judgment is:

A)a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims.
B)a pleading that is a statement of the initial claim against the defendant.
C)an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.
D)a judgment against a defendant who fails to respond to a complaint.

Question 58

Which of the following is NOT considered to be an alternative method of dispute resolution?

A)Special verdict.
B)Negotiation.
C)Conciliation.
D)Mediation.

Question 59

Issues of fact are not decided by the jury.

Question 60

The pleadings in a lawsuit include:

A)the complaint.
B)an answer.
C)written interrogatories.
D)Both (a) and (b) above.

Question 61

Janet's husband, John, is called for jury duty and is selected for possible service on a jury.However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news.If the defendant asks the judge to excuse John from serving on the jury and the judge agrees:

A)this is a valid challenge for cause.
B)this is a valid peremptory challenge.
C)this is not a valid challenge.
D)the plaintiff's attorney can have John serve by making an offer of proof to the judge.

Question 62

An example of a special court in the federal judicial system is the:

A)U.S.Court of Federal Claims.
B)Federal District Court.
C)U.S.Supreme Court.
D)U.S.Court of Appeals.

Question 63

In the World-Wide Volkswagen Corp.v.Woodson case, the Supreme Court found that:

A)for a state to exercise jurisdiction over the parties to a lawsuit, there must be sufficient minimal contacts between the defendant and the state.
B)the occurrence of an accident within a certain state is a sufficient circumstance for that state to exercise jurisdiction over the parties.
C)the Due Process Clause of the Constitution was violated because of inadequate notice to the defendant.
D)a business must solicit business in a particular state, either through salespersons or advertising, in order to be subject to the jurisdiction of that state's courts.

Question 64

Which of the following may a U.S.Court of Appeals do in ruling on a case?

A)Reverse or modify the judgment of the lower court.
B)Remand or send the case back to the lower court.
C)Rehear the case by taking testimony of the witnesses.
D)Both (a) and (b).
E)Both (a) and (c).

Question 65

Janet is called for jury duty and is selected for possible service on a jury.However, when the defendant's attorney sees her, he notices that she is wearing a green dress.Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury.In this case:

A)this is a valid challenge for cause.
B)this is a valid peremptory challenge.
C)this is not a valid challenge.
D)the plaintiff's attorney can have Janet serve by making an offer of proof to the judge.

Question 66

If the judge denies a __________, then the defendant has the opportunity to present witnesses.However, if the judge grants the motion, then the judge takes the case away from the jury and enters a judgment for the party making the motion.

A)motion for a new trial
B)motion for a directed verdict
C)offer of proof
D)motion for change of venue

Question 67

In diversity of citizenship cases, federal courts apply:

A)federal substantive and procedural law.
B)state substantive and procedural law.
C)state procedural and federal substantive law.
D)federal procedural and state substantive law.

Question 68

The legal concept which deals with the location where a lawsuit should be brought is:

A)venue.
B)in personam jurisdiction.
C)subject matter jurisdiction.
D)stare decisis.

Question 69

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas.Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction.In this case:

A)only the Iowa courts can hear the case.
B)the Iowa federal district court can hear the case based on diversity of citizenship.
C)the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
D)the Kansas federal district court can hear the case based upon diversity of citizenship.

Question 70

A decision of the U.S.Supreme Court on a federal question is:

A)binding on all federal, but not state, courts.
B)binding on all federal and state courts.
C)not binding, but is advisory, on all federal and state courts.
D)not binding or advisory on state courts.

Question 71

With a __________ the jury makes specific written findings on each factual issue, and the judge then applies the law to these findings.

A)general verdict
B)special verdict
C)voir dire
D)quasi in rem

Question 72

The federal courts have exclusive jurisdiction over:

A)federal criminal prosecutions.
B)trademark and copyright cases.
C)issues involving state constitutions.
D)Both (a) and (b).
E)Both (a) and (c).

Question 73

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

A)evidence, law
B)law, evidence
C)law, fact
D)fact, law

Question 74

A writ of execution as used in civil law litigation allows:

A)the plaintiff to demand payment from the defendant of a judgment won in court.
B)the governor of a state to demand execution of a convicted felon who has received a death sentence by a jury.
C)the clerk of court to issue a demand for a new trial.
D)the plaintiff, without further process, to obtain a portion of the defendant's wages.

Question 75

Jessup and Lange are having a dispute regarding some property.They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise.The best form of dispute resolution for their problem would be:

A)litigation.
B)arbitration.
C)mediation.
D)a summary jury trial.

Question 76

Which of the following is NOT a way in which a case can reach the United States Supreme Court?

A)Appeal by right.
B)Stare decisis.
C)Writ of certiorari.
D)All of the above are ways for a case to reach the U.S.Supreme Court.

Question 77

Patricia has a valid judgment against David.David lives in California, where he owns thousands of acres of beach-front property, unrelated to the judgment.Patricia may execute her judgment in California based on what type of jurisdiction?

A)Subject matter jurisdiction.
B)Concurrent federal jurisdiction.
C)Quasi in rem jurisdiction.
D)Diversity of citizenship jurisdiction.
E)She may not execute her judgment in California.

Question 78

The procedural stage of a lawsuit after the pleadings but before trial is the:

A)peremptory challenge stage.
B)discovery stage.
C)special verdict stage.
D)offer of proof stage.

Question 79

Conflict of law rules:

A)are federal laws.
B)are state laws.
C)vary from state to state.
D)Both (b) and (c) are correct.

Question 80

The U.S.Supreme Court:

A)has only appellate jurisdiction, as the nation's highest tribunal.
B)must accept for review any decision appealed under a writ of certiorari.
C)has original jurisdiction over certain types of cases.
D)hears most of its cases through an appeal by right.