Question 1

Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.In this case:

Accepted Answer

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Question 2

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals.He would like to have the United States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

Accepted Answer

A writ of certiorari is a request for the Supreme Court to review a case. It is the most common way cases are selected by the Supreme Court for review. Forum non conveniens is a doctrine which allows a court to dismiss a case for the convenience of the parties, while an en banc appeal is a request for a full panel of judges in a circuit court of appeals to hear a case. Motion for supreme judgment is not a recognized legal term.

Question 3

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

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Question 4

When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction with state courts?

Accepted Answer

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Question 5

In which of the following areas do special state trial courts have jurisdiction?

Accepted Answer

Special state trial courts have jurisdiction over the administration of wills and estates as well as family courts with jurisdiction over divorce and child custody cases. However, traffic offenses can be handled by municipal or city courts.

Question 6

Describe how a civil case is commenced and how it proceeds through the court system.Be sure to use appropriate terminology in describing the various stages of a lawsuit.

Accepted Answer

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Question 7

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

Accepted Answer

Subject matter jurisdiction refers to a court's authority to hear cases of a particular type or cases relating to specific subject matter. Exclusive federal jurisdiction refers to cases that can only be heard in federal court, while concurrent federal jurisdiction refers to cases that can be heard in either federal or state court. None of these options accurately match the definition given in the question.

Question 8

What are the ways that cases may reach the U.S.Supreme Court?

Accepted Answer

The two ways that cases may reach the U.S. Supreme Court are through appeal by right and writ of certiorari. Writ in personam is not a valid option as it refers to a type of writ used in civil law. Therefore, the correct answer is (a) and (b), but not (c).

Question 9

Explain the process of jury selection and the differences in challenges for cause and peremptory challenges.In addition, discuss the implications of race-based exclusions from a jury by a state prosecutor and by a private defense attorney.

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Question 10

B & B, Inc.is incorporated in Delaware, but it has its principal place of business in Minnesota.It does much of its business in California.For purposes of diversity of citizenship, B & B is a resident of:

Accepted Answer

For diversity jurisdiction purposes, a corporation is considered a resident of both the state where it is incorporated and the state where it has its principal place of business. Therefore, B & B, Inc. is a resident of both Delaware and Minnesota.

Question 11

The U.S.Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Accepted Answer

The U.S. Court of Appeals for the Federal Circuit primarily reviews decisions of the Patent and Trademark Office and also hears appeals from a few other specialized courts, but it does not review decisions of the Tax Court or Bankruptcy Courts.

Question 12

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York.His damages amount to $50,000, and he wants to sue.The case can be brought:

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Question 13

Describe the structure of the federal court system.How does the federal court system compare/contrast with the state court system of the state where you are living?

Accepted Answer

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Question 14

Concurrent federal jurisdiction could exist for cases involving:

Accepted Answer

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Question 15

A Virginia court reached a verdict in favor of Maddock, but he was unable to collect the judgment from Brise with Brise's property located within Virginia.Brise does, however, have a bank account in Maryland sufficient to pay the judgment.Maddock:

Accepted Answer

Maddock can bring an action in Maryland on the Virginia judgment. This is because of the constitutional requirement of full faith and credit, under which Maddock will be able to obtain a Maryland judgment that may be enforced by garnishment. This means that Maddock can collect the judgment from Brise's bank account located in Maryland.

Question 16

State trial courts of general jurisdiction:

Accepted Answer

State trial courts of general jurisdiction can be called by a variety of names including county, district, common pleas, or supreme courts. While they do not have a dollar limitation on their jurisdiction in civil cases, they do hear criminal cases. Additionally, they maintain formal records of their proceedings.

Question 17

The decision of an arbitrator is called a(n):

Accepted Answer

The decision of an arbitrator is called an award. This is the common term used to refer to the decision made by an arbitrator in a dispute resolution process. The term "verdict" is typically used in criminal trials, whereas "judgment" is the term used in civil court cases. "Binding decision" is a more generic term that can be used to describe any type of decision that is final and cannot be appealed, but it is not as specific to arbitration as "award" is.

Question 18

Compare and contrast a summary judgment and a directed verdict.

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Question 19

Discuss the reasoning the United States Supreme Court used in deciding the Edmonson case.

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Question 20

Define and describe alternative dispute resolution.Discuss the advantages and disadvantages of the various alternative dispute resolution methods.

Accepted Answer

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Quiz 3: Civil Dispute Resolution