Deck 3: The Court System and Legal Process

Question 1

A case that represents hypothetical issues is said to be ripe for decision.

Answer 1

False
Explanation: Ripeness of a case is not related to whether it represents hypothetical or real issue. Ripeness refers to the readiness for litigation. A case is not ready, or ripe, if it rests upon future, contingent events that may occur or may never occur.

Question 2

For a case to arise in federal court, the amount in controversy must be at least $75,000.

Answer 2

True
Explanation: The amount in controversy must be at least $75,000. Even if the parties meet the diversity requirements, if the dispute does not reach $75,000 the case will be heard in state court.

Question 3

The U.S. claims court is a court of intermediate appeals.

Answer 3

False
Explanation: The U.S. claims court is a court of original jurisdiction.

Question 4

Courts of original jurisdiction have the power to review decisions of the courts of limited jurisdiction and of general jurisdiction over claims arising under state law.

Question 5

Which of the following is the primary function of a trial court?

A) To find facts
B) To decide whether the court of appeal applied the correct law
C) To be the final authority on legal interpretations
D) To hear those cases in which different court divisions have applied conflicting laws

Question 6

The U.S. claims court is the final appellate court.

Question 7

With reference to state courts, which of the following courts is at the lowest level?

A) Supreme Court
B) District Court
C) Trial Court
D) Circuit Court of Appeal

Question 8

Which of the following is NOT a legislative court under Article I?

A) Court of Appeal
B) Tax Court
C) Court of International Trade
D) Claims Court

Question 9

Punitive damages are used in contract law to specify the predetermined amount of damages for which a defendant will be liable in case of breach of contract.

Question 10

In an Article III court, Congress has power to remove judges, whereas in a legislative court, appointments are for a lifetime.

Question 11

A summons is a statement made by a witness under oath outside of court while being questioned (also known as examined) by both parties to the litigation.

Question 12

When a cross-claim is filed, each party is suing the other.

Question 13

Justices of the Supreme Court are appointed by the President of the United States with the advice and consent of the Senate.

Question 14

Probate Courts hear suits against the state government.

Question 15

The state level courts of appeal conduct trials.

Question 16

Standing refers to the ability of a plaintiff to convince the court that he has sufficient connection to the law challenged.

Question 17

Trial courts have appellate jurisdiction.

Question 18

Once the pleadings are filed, the person who consulted the lawyer and who filed the initial pleading is called the defendant.

Question 19

If a court is a court of original jurisdiction then it is most likely to be empowered to:

A) decide whether the trial court applied the correct law.
B) hear the case for the first time.
C) be the final authority on legal interpretations.
D) hear the review of a case from a lower court.

Question 20

Which of the following statements is true regarding a state level court of appeal?

A) It hears the cases for the first time.
B) It is empowered to be the final authority on legal interpretations.
C) It does not conduct trial.
D) It is a court of original jurisdiction.

Question 21

With reference to specialized state level courts, which of the following functions is most likely to be performed by a Court of Claims?

A) Settle matters of support and child custody.
B) Adjudicate questions involving wills and inheritances.
C) Hear suits against the state government.
D) Determine whether minors have committed crimes.

Question 22

With reference to specialized state level courts, which of the following functions is most likely to be performed by a Probate Court?

A) Settle matters of support and child custody.
B) Adjudicate questions involving wills and inheritances.
C) Hear suits against the state government.
D) Determine whether minors have committed crimes.

Question 23

In all of the following cases federal law provides for the exclusive jurisdiction of federal courts EXCEPT:

A) bankruptcy.
B) divorce.
C) claims arising under the Securities and Exchange Act.
D) maritime claims.

Question 24

Which of the following courts has appellate jurisdiction over the U.S. Court of International Trade?

A) Court of Veterans' Appeals
B) Claims Court
C) Federal Circuit Court of Appeal
D) Tax Court

Question 25

According to federal jurisdiction a case is ripe for decision if the case:

A) involves diversity of citizenship.
B) is ready and does not rest upon future contingent events.
C) does not have sufficient connection to the law challenged.
D) represents a hypothetical issue.

Question 26

Courts of _____ jurisdiction are sometimes called district courts, circuit courts, superior courts, courts of common pleas, or, in New York for example, the Supreme Court.

A) general
B) original
C) limited
D) special

Question 27

The jurisdictional area of a Court of Appeals is called a(n) _____.

A) closed region
B) circuit
C) district
D) enclosure

Question 28

The _____ is the final appellate court.

A) United States Supreme Court
B) Claims Court
C) Federal Circuit Court of Appeal
D) Tax Court

Question 29

Specialized courts might include a _____ to settle matters of support and child custody.

A) Probate Court
B) Family Court
C) Magistrate's Court
D) Court of Claims

Question 30

According to the principle of stare decisis:

A) federal courts can not consider those cases that represent hypothetical issues.
B) a case can be considered ripe if it rests upon future, contingent events.
C) judicial reasoning that is unnecessary to a decision has no binding effect on later courts.
D) courts are encouraged to follow their own prior decisions.

Question 31

Which of the following is a court of intermediate appeals?

A) U.S. District Courts
B) U.S. Court of International Trade
C) U.S. Tax Court
D) U.S. Court of Appeals for the Federal Circuit

Question 32

Which of the following statements is true regarding the Supreme Court?

A) It conducts trials.
B) It is an intermediate level court.
C) It is a court of original jurisdiction.
D) It has the final authority on legal interpretations.

Question 33

A case will be called case of first impression if it:

A) rests on future contingent events.
B) represents a hypothetical issue.
C) has no precedent in the jurisdiction.
D) involves diversity of citizenship.

Question 34

Which of the following courts is most likely to be a court of original jurisdiction in the federal system?

A) District court
B) Supreme Court
C) Court of appeal
D) Trial court

Question 35

In which of the following situations, the case is most likely to be heard in federal court?

A) The amount in controversy is $60,000.
B) The case is related to divorce.
C) The citizen who has filed a case against a corporation belongs to the state in which the corporation is incorporated.
D) The case involves diversity of citizenship.

Question 36

A developer wishes to construct a building on land owned by your neighbors and he asks the city to take the property by eminent domain and give it to him for that purpose. You agree that it is unfair to your neighbors for their property to be taken and you wish to join the lawsuit filed by your neighbors as a show of support. You cannot join the lawsuit because:

A) it represents a hypothetical issue.
B) it rests upon future contingent events.
C) it does not involve diversity of citizenship.
D) you lack standing to sue.

Question 37

In the case of a contingency fee arrangement, the client pays fees to the attorney:

A) before the case begins.
B) only if he or she wins the case.
C) at equal intervals throughout the case.
D) at the end of the case.

Question 38

Judicial reasoning that is unnecessary to a decision, called _____ has no binding effect on later courts.

A) obiter dictum
B) onus probandi
C) stare decisis
D) writs of certiorari

Question 39

Writs of certiorari refers to:

A) a request for review received by the Supreme Court.
B) the jurisdictional area of a Court of Appeals.
C) the written legal briefs and oral arguments recorded by a trial court.
D) the cases filed in the Claims Court.

Question 40

According to federal jurisdiction a case will have sufficient standing if the case:

A) represents a hypothetical issue.
B) rests upon future contingent events.
C) has sufficient connection to the law challenged.
D) involves diversity of citizenship.

Question 41

The person who is sued is called the _____.

A) plaintiff
B) petitioner
C) defendant
D) claimant

Question 42

During a trial, when a plaintiff's witness is testifying for the plaintiff, the questions and answers are called _____.

A) closing argument
B) cross-examination
C) opening statement
D) direct examination

Question 43

Upon filing the complaint, the court will issue a _____ to the defendant, who is the party named in the complaint who has allegedly caused harm to the plaintiff.

A) summons
B) complaint
C) motion
D) deposition

Question 44

What is a motion?

A) A reply that admits or denies the new facts alleged by defendant.
B) A document filed by the defendant that alleges that rather than or in addition to the harm the defendant may have caused the plaintiff, the plaintiff has instead or also harmed the defendant.
C) A request for the trial court to take an action requested by the moving party.
D) A document issued by the court to the defendant upon filing a complaint in the court.

Question 45

Bench trial is a trial before a:

A) mock jury.
B) jury without a judge.
C) judge and a jury.
D) judge without a jury.

Question 46

Which of the following statements is true regarding voir dire?

A) It is the defendant's answer to the complaint, which admits or denies the allegations in the complaint.
B) It represents the time frame allowed for filing a law suit.
C) It is the process by which the jurors are chosen.
D) It represents the jurisdictional area of a Court of Appeals.

Question 47

What is an injunction?

A) A counterclaim against the plaintiff.
B) A court order to do or stop doing a particular thing.
C) The time frame allowed for filing a law suit.
D) An affirmative defense filed by the defendant.

Question 48

Once all of the evidence has been presented, both sides have the opportunity to present to the jurors their _____, which is a summary of the evidence and the law.

A) cross-examination
B) opening statement
C) closing argument
D) direct examination

Question 49

Legal bases for the lawsuit are called _____.

A) depositions
B) motions
C) summons
D) causes of action

Question 50

A _____ is generally used when the potential juror does not fit the profile of jurors who the attorney feels would most benefit the client.

A) cross-claim
B) peremptory strike
C) motion
D) summons

Question 51

Which of the following types of damages is used in contract law to specify the predetermined amount of damages for which a defendant will be liable in case of breach of contract?

A) Compensatory damages
B) Punitive damages
C) Liquidated damages
D) Equitable damages

Question 52

Statutes of limitation govern the:

A) time frame for filing lawsuits.
B) cases of first impression only.
C) fee arrangements between an attorney and his/her clients.
D) use of electronically stored information in a lawsuit.

Question 53

Cross examination is most likely to be a part of the _____ phase of a civil trial.

A) trial
B) pleadings
C) pretrial
D) appeal

Question 54

_____ damages may be awarded when a legal right has been injured or if fault has been shown, but plaintiff has failed to prove that any actual loss occurred as a result of that fault.

A) Stipulated
B) Compensatory
C) Nominal
D) Punitive

Question 55

Which of the following statements is true regarding equitable remedies?

A) It is used in contract law to specify the predetermined amount of damages for which a defendant will be liable in case of breach of contract.
B) It represents indirect damages also known as consequential damages.
C) They take the form of court orders called decrees.
D) These are intended to pay for the actual harm caused to the injured party.

Question 56

A _____ is a statement made by a witness under oath outside of court while being questioned by both parties to the litigation.

A) counterclaim
B) deposition
C) cross-claim
D) summons

Question 57

Which of the following documents states that even if all the allegations made by the plaintiff are true, there is a defense to the allegation, and the plaintiff should lose?

A) Motion
B) Counterclaim
C) Cross-claim
D) Affirmative defense

Question 58

_____ damages are damages over and above what is necessary to make the party whole. Punitive damages are intended to reflect society's reaction to the harm inflicted by the defendant.

A) Stipulated
B) Compensatory
C) Liquidated
D) Punitive

Question 59

Which of the following documents alleges that rather than or in addition to the harm the defendant may have caused the plaintiff, the plaintiff has instead or also harmed the defendant?

A) Motion
B) Counterclaim
C) Cross-claim
D) Affirmative defense

Question 60

A summons is issued by a court during the _____ phase of a civil trial.

A) trial
B) pleadings
C) pretrial
D) appeal

Question 61

What are equitable remedies?

Question 62

What is a preemptory strike?

Question 63

Describe the role of the federal courts.

Question 64

According to federal jurisdiction, what are the various criteria that must be fulfilled by a case so that it can be heard in a court?

Question 65

Discuss the use of precedent by the courts.

Question 66

Discuss the contingency fee arrangement between a client and an attorney.

Question 67

Discuss the importance of pretrial.

Question 68

Discuss statutes of limitation.

Question 69

Discuss the functions performed by the state supreme courts.

Question 70

Explain the process of selecting federal judges.

Question 71

Discuss the case of first impression.

Question 72

What is the major difference between original jurisdiction and appellate jurisdiction?

Question 73

What is a counterclaim?

Question 74

Discuss federal jurisdiction.

Question 75

Describe briefly, compensatory damages, punitive damages, and nominal damages.