Question 1

Which of the following courts renders decisions binding only on the parties involved in the dispute?

Accepted Answer

A) Only appellate courts make precedent. Each of the choices is an appellate court
except the U.S. District Court, which is a federal trial court.
A) Only appellate courts make precedent. Each of the choices is an appellate court except the U.S. District Court, which is a federal trial court.
B) Only appellate courts make precedent. Each of the choices is an appellate court except the U.S. District Court, which is a federal trial court.
C) Only appellate courts make precedent. Each of the choices is an appellate court except the U.S. District Court, which is a federal trial court.

Question 2

Diversity jurisdiction requires citizens of two different states

Accepted Answer

A) Diversity jurisdiction requires citizens of two different states and a controversy of
$75,000 or more.
A) Diversity jurisdiction requires citizens of two different states and a controversy of
$75,000 or more.
B) Diversity jurisdiction requires citizens of two different states and a controversy of
$75,000 or more.
C) Diversity jurisdiction requires citizens of two different states and a controversy of
$75,000 or more.

Question 3

The trial court in New York has heard a case and issued a decision.This decision

Accepted Answer

A) Trial court decisions do not create precedent; only appellate court decisions create
precedent and only in that state's court system.
A) Trial court decisions do not create precedent; only appellate court decisions create precedent and only in that state's court system.
B) Trial court decisions do not create precedent; only appellate court decisions create precedent and only in that state's court system.
C) Trial court decisions do not create precedent; only appellate court decisions create precedent and only in that state's court system.

Question 4

The principal federal trial court is the

Accepted Answer

A) Lacking a federal inferior court, the principal federal trial court is the U.S. district
court, the lowest-level federal court.
A) Lacking a federal inferior court, the principal federal trial court is the U.S. district court, the lowest-level federal court.
B) Lacking a federal inferior court, the principal federal trial court is the U.S. district court, the lowest-level federal court.
C) Lacking a federal inferior court, the principal federal trial court is the U.S. district court, the lowest-level federal court.

Question 5

Personal jurisdiction over an out-of-state defendant would likely not occur in which of the following situations?

Accepted Answer

A) E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction in some states.
b) E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction in some states.
c) E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction in some states.
d) E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction in some states.

Question 6

Rich has been arrested for a series of 21 home burglaries that spanned nine months.The news regarding the crime spree was on television,on radio,and in the newspapers on a regular basis.His lawyer doesn't believe that Rich can get a fair trial locally,so he will ask for

Accepted Answer

A) Venue has to do with the location of a trial.
A) Venue has to do with the location of a trial.
B) Venue has to do with the location of a trial.
C) Venue has to do with the location of a trial.

Question 7

Which of the following is not a true statement about the standard to be used to establish minimal contacts when determining if a court has jurisdiction over out-of-state companies that advertise and sell products over the Internet?

Accepted Answer

A) The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.
\) The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.
]) The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.
^) The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.

Question 8

An Oregon corporation and a New Hampshire corporation have entered into a contract and agreed that any legal disputes will be conducted using New Hampshire law.This agreement is called a

Accepted Answer

A) Voluntary agreements regarding the law to be used should litigation occur are
called forum selection clauses.
A) Voluntary agreements regarding the law to be used should litigation occur are called forum selection clauses.
B) Voluntary agreements regarding the law to be used should litigation occur are called forum selection clauses.
C) Voluntary agreements regarding the law to be used should litigation occur are called forum selection clauses.

Question 9

When a party files a writ of certiorari to the U.S.Supreme Court,how many justices must vote to hear the case for it to be accepted for review?

Accepted Answer

A) Four of the nine justices must vote to hear a case for the court to accept it for review.
A) Four of the nine justices must vote to hear a case for the court to accept it for review.
B) Four of the nine justices must vote to hear a case for the court to accept it for review.
C) Four of the nine justices must vote to hear a case for the court to accept it for review.

Question 10

Which of the following does not occur in appellate court trials?

Accepted Answer

A) Appellate courts do not hear testimony or accept new evidence when conducting
an appeal.
D) Appellate courts do not hear testimony or accept new evidence when conducting an appeal.
E) Appellate courts do not hear testimony or accept new evidence when conducting an appeal.
F) Appellate courts do not hear testimony or accept new evidence when conducting an appeal.

Question 11

The "effects test" is utilized

Accepted Answer

A) When minimal contacts cannot be established, the effects test may be used to establish personal jurisdiction, if the out-of-state defendant has committed an intentional act that the defendant would know to be injurious.
V) When minimal contacts cannot be established, the effects test may be used to establish personal jurisdiction, if the out-of-state defendant has committed an intentional act that the defendant would know to be injurious.
W) When minimal contacts cannot be established, the effects test may be used to establish personal jurisdiction, if the out-of-state defendant has committed an intentional act that the defendant would know to be injurious.
X) When minimal contacts cannot be established, the effects test may be used to establish personal jurisdiction, if the out-of-state defendant has committed an intentional act that the defendant would know to be injurious.

Question 12

Mackey Corp.is incorporated in Delaware but has no office in the state.Its main office is in Arizona.Mackey would have a physical presence in Delaware to be sued in a case not involving an auto accident if

Accepted Answer

A) Maintaining an agent or personnel within a state creates a physical presence in
that state.
Y) Maintaining an agent or personnel within a state creates a physical presence in that state.
Z) Maintaining an agent or personnel within a state creates a physical presence in that state.
[) Maintaining an agent or personnel within a state creates a physical presence in that state.

Question 13

In Clemens v.McNamee,major league pitcher Roger Clemens sued McNamee,a trainer,over McNamee's statements to investigators and Sports Illustrated that he gave steroids to Clemens in Toronto and New York.Clemens,a Texas citizen,filed a defamation suit in Texas against McNamee,a citizen of New York,based on diversity of citizenship.The court decided

Accepted Answer

A) After analyzing McNamee's contacts with Texas in the context of the defamation
claim, the court ruled that he did not have sufficient minimum contacts. To support personal jurisdiction in a defamation claim, the forum must be the "focal point" of the story.
S) After analyzing McNamee's contacts with Texas in the context of the defamation claim, the court ruled that he did not have sufficient minimum contacts. To support personal jurisdiction in a defamation claim, the forum must be the "focal point" of the story.
T) After analyzing McNamee's contacts with Texas in the context of the defamation claim, the court ruled that he did not have sufficient minimum contacts. To support personal jurisdiction in a defamation claim, the forum must be the "focal point" of the story.

Question 14

Which of the following does not typically trigger the use of a long-arm statute?

Accepted Answer

A) Typically, long-arm statutes do not provide for jurisdiction if an out-of-state
defendant directly violates a state statute.
M) Typically, long-arm statutes do not provide for jurisdiction if an out-of-state defendant directly violates a state statute.
N) Typically, long-arm statutes do not provide for jurisdiction if an out-of-state defendant directly violates a state statute.
O) Typically, long-arm statutes do not provide for jurisdiction if an out-of-state defendant directly violates a state statute.

Question 15

In Franklin v.Facebook,the court considered Facebook's motion to transfer venue to Northern California and

Accepted Answer

A) The court ruled in favor of Facebook because the forum selection clause in Facebook's terms of service was valid and applied to the facts of the case.
_) The court ruled in favor of Facebook because the forum selection clause in Facebook's terms of service was valid and applied to the facts of the case.
`) The court ruled in favor of Facebook because the forum selection clause in Facebook's terms of service was valid and applied to the facts of the case.
a) The court ruled in favor of Facebook because the forum selection clause in Facebook's terms of service was valid and applied to the facts of the case.

Question 16

When an attorney requests a change of venue,the attorney is asking

Accepted Answer

A) A change of venue is a request to move a trial to a different physical location in
order to effect fairness and justice.
G) A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.
H) A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.
I) A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.

Question 17

Federal court judges are

Accepted Answer

A) All federal court trial, appellate, and Supreme Court judges are nominated by the
president subject to confirmation or rejection by the U.S. Senate.
P) All federal court trial, appellate, and Supreme Court judges are nominated by the president subject to confirmation or rejection by the U.S. Senate.
Q) All federal court trial, appellate, and Supreme Court judges are nominated by the president subject to confirmation or rejection by the U.S. Senate.
R) All federal court trial, appellate, and Supreme Court judges are nominated by the president subject to confirmation or rejection by the U.S. Senate.

Question 18

Because it is not a state,cases arising in Washington,D.C.,are heard by

Accepted Answer

A) The Court of Appeals for the District of Columbia, part of the federal circuit court
system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.
J) The Court of Appeals for the District of Columbia, part of the federal circuit court system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.
K) The Court of Appeals for the District of Columbia, part of the federal circuit court system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.
L) The Court of Appeals for the District of Columbia, part of the federal circuit court system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.

Question 19

Olivetone Inc.,a Florida corporation,manufactures and sells suntan products.Through its website Olivetone sells its products in bulk to a company in Finland,which then distributes and sells the Olivetone products to Swedish companies for retail sale to Swedish consumers.Both Finland and Sweden are in the European Union,but the United States is not.Should a dispute arise and Olivetone is sued,whose law will apply?

Accepted Answer

A) The United States, Canada, and the European Union governments have agreed to adopt the country of origin principle, applying the law where the defendant's servers are located.
e) The United States, Canada, and the European Union governments have agreed to adopt the country of origin principle, applying the law where the defendant's servers are located.
f) The United States, Canada, and the European Union governments have agreed to adopt the country of origin principle, applying the law where the defendant's servers are located.
g) The United States, Canada, and the European Union governments have agreed to adopt the country of origin principle, applying the law where the defendant's servers are located.

Question 20

The ultimate arbiter of federal law is

Accepted Answer

A) The ultimate arbiters of federal law are the nine justices of the U.S. Supreme
Court.
A) The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.
B) The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.
C) The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.

Quiz 3: The American Judicial System, Jurisdiction and Venue