Question 1

Karl,a resident of Ohio,was convicted of a bank robbery worth $90,000 in California.In which of the following courts should his case be filed?

Accepted Answer

Karl's case should be filed in a district court. Cases heard in the federal courts fall into one of two classes: They are either cases involving a federal question or cases in which there is diversity of citizenship between the parties. If the parties are from different states, and the amount involved in the dispute is $75,000 or more, the plaintiff may choose to bring suit in either state or federal court. With few exceptions, lawsuits brought in federal courts must be started in district courts. These are the federal trial courts.

Question 2

A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the _____.

Accepted Answer

A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the pretrial conference. It was created to help deal with the increasing congestion in most civil courts.

Question 3

Which of the following statements about the adversary system is true?

Accepted Answer

The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. It is the lawyer's job to present the client's view of the facts to the judge, or to the jury if one is used. The judge's role, under the adversary system, is viewed as not only unbiased but also essentially passive. In essence, a trial judge acts as a referee.

Question 4

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n)_____.

Accepted Answer

A counterclaim is a new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint.

Question 5

A certain court receives an appeal by parties dissatisfied with the decision of a trial court.However,neither does it hear any witnesses nor does it review new facts about the case.The court discussed in the example is a(n)_____.

Accepted Answer

As the name implies, state appeals courts hear cases that have been appealed from trial court decisions or state administrative agency rulings. Generally, appellate courts do not hear witnesses or determine facts. Their job is to review the proceedings in the trial court and correct legal errors made by the trial judge.

Question 6

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n)_____.

Accepted Answer

An answer that responds to a complaint may also state an affirmative defense. An affirmative defense is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. For example, the plaintiff may allege that the defendant breached their contract. The defendant might respond by admitting that the contract had been breached but that he or she should not be held liable because the contract had been induced by the plaintiff's fraudulent misrepresentations.

Question 7

A U.S.court of appeals is empowered to:

Accepted Answer

An appeal from a district court is taken to a U.S. court of appeals. Like state intermediate appellate courts, the U.S. courts of appeals generally do not have a fact-finding function. They only review the legal conclusions reached by lower federal courts. The courts of appeal also hear appeals from many federal administrative agency decisions.

Question 8

The Smiths,an affluent family,own a hospitality chain called Smith Hotels Inc.When a lawsuit was filed against the hotel for serving stale food to its guests,the managers of the hotel decided to hire a lawyer who practices in an adversary system.How is this situation advantageous to Smith Hotels Inc.?

Accepted Answer

Critics argue that the adversary system does not work when the opposing lawyers are of unequal skill. This gives an advantage to the wealthy, such as the Smiths, who can hire better lawyers.

Question 9

Trial courts differ from inferior courts in that the trial courts:

Accepted Answer

Trial courts differ from inferior courts in that the trial courts are courts of general jurisdiction; they are not limited by the amount of civil damages that can be awarded or the criminal penalties that can be imposed. Their geographic jurisdiction is often a county. In addition, trial courts are courts of record. Thus, an appeal can be taken from a trial court decision.

Question 10

A motion to dismiss made by a defendant is granted when:

Accepted Answer

A defendant may make a motion to dismiss the case rather than give an answer. If it is clear that the plaintiff has no case, it would be wasteful for the case to continue, and the motion would be granted.

Question 11

Which of the following statements is true of pleadings?

Accepted Answer

Pleadings include complaints, answers, and replies. These are the first documents filed with the court, and they start and define the lawsuit. They serve two major functions: They inform the parties of each other's claims, and they form the basis for a trial. Only those matters that are disputed in the pleadings are tried in court.

Question 12

Which of the following is a criticism of the adversary system?

Accepted Answer

Critics argue that honest witnesses can be confused by hostile questioning in the adversary system. They say that the system does not work when the opposing lawyers are of unequal skill.

Question 13

District courts:

Accepted Answer

With few exceptions, lawsuits brought in federal courts must be started in district courts. These are the federal trial courts. Like state trial courts, they have both fact finding (by the judge or jury) and law-finding (by the judge) functions.

Question 14

Generally,the role of appellate courts is to:

Accepted Answer

As the name implies, state appeals courts hear cases that have been appealed from trial court decisions or state administrative agency rulings. Generally, appellate courts do not hear witnesses or determine facts. Their job is to review the proceedings in the trial court and correct legal errors made by the trial judge. Appellate courts must accept the trial court's findings of fact unless it goes against all the evidence.

Question 15

Writ of certiorari (cert.)may be granted when:

Accepted Answer

The primary way a case can be appealed to the Supreme Court is through writ of certiorari (cert.). Hearing such cases is entirely discretionary with the Court. If there have been conflicting decisions in similar cases by different courts of appeals, the Court may grant cert. It may also grant cert. in a case from the highest court of a state where a right is claimed under the Constitution or where the validity of a federal statute is in question.

Question 16

In the context of filing a lawsuit,a complaint:

Accepted Answer

A complaint must contain sufficient facts to show that the plaintiff is entitled to some legal relief and to give the defendant reasonable notice of the nature of the plaintiff's claim.

Question 17

The primary way a case can be appealed to the Supreme Court is through a _____.

Accepted Answer

The primary way a case can be appealed to the Supreme Court is through writ of certiorari (cert.).

Question 18

Adia filed a case against Chang in the court at Ohio.However,Chang had never visited Ohio and had no personal ties with anyone in Ohio.Chang could successfully argue that the court:

Accepted Answer

In this scenario, Chang can successfully argue that the court lacks personal jurisdiction. A court may not decide a legal dispute unless it has personal jurisdiction over the defendant. Personal jurisdiction generally does not exist unless the defendant has some close connection with the territory where the suit is brought. Personal jurisdiction is likely to exist if the defendant is a resident of the territory where the court is located or if a nonresident defendant is physically present in that territory.

Question 19

Municipal courts:

Accepted Answer

Inferior courts may be called municipal courts in urban areas and justice of the peace courts in rural areas.

Question 20

Salim files a case against Nina for nonpayment of dues.Before the trial,Nina is examined under oath in the presence of Salim's attorney.This process of examination is known as a(n)_____.

Accepted Answer

A deposition is an examination under oath, much like the questioning at a trial, in the presence of the attorney for the other party.

Quiz 2: Dispute Settlement