Question 1

Federal judges are appointed, while most state judges are elected.

Accepted Answer

Federal judges are nominated by the President of the United States and confirmed by the Senate. Most state judges, on the other hand, are elected in either partisan or nonpartisan elections.

Question 2

Federal judges

Accepted Answer

Federal judges are appointed by the president with the advice and consent of the Senate and are allowed to serve for life, assuming "good behavior." They are not elected.

Question 3

Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?

Accepted Answer

All of the threshold issues (standing, ripeness, and case or controversy) must be met before one can bring a lawsuit.

Question 4

The federal district court and the court of common pleas have concurrent jurisdiction over

Accepted Answer

Concurrent jurisdiction means that more than one court can hear the same case. Federal district courts have jurisdiction over cases involving the interpretation of the Constitution and federal statutes, and in some instances, state courts (like the court of common pleas) can also have jurisdiction over these matters, especially if they involve parties from the same state or if the federal question is part of a larger case that primarily involves state law issues.

Question 5

One of the common criticisms of the adversary system is that it unfairly benefits the wealthier party.

Accepted Answer

The adversary system can be biased towards the wealthier party as they have more resources to hire skilled and experienced lawyers, investigate and gather evidence, and mount a stronger defense. This can put the less wealthy party at a disadvantage and hinder their ability to receive a fair trial.

Question 6

The voir dire process

Accepted Answer

The voir dire process is designed to ensure that potential jurors are not biased, and it allows for removal of such jurors through both peremptory and for cause challenges. Therefore, both options A and B are correct, making C the best choice. Option D is incorrect since both A and B are true.

Question 7

Grand juries

Accepted Answer

Grand juries are used in criminal cases to determine whether there is enough evidence to indict a suspect and proceed to trial. They do not decide the facts of a case, which is the role of a trial jury.

Question 8

To render a binding decision in a case, a court must have

Accepted Answer

To render a binding decision in a case, a court must have both subject matter jurisdiction and jurisdiction over the person.

Subject matter jurisdiction refers to the court's authority to hear and decide a particular type of case. For example, a bankruptcy court has subject matter jurisdiction over bankruptcy cases, while a family court has subject matter jurisdiction over family law matters.

Jurisdiction over the person, also known as personal jurisdiction, refers to the court's authority to make decisions that affect the rights and obligations of specific individuals. This means that the court must have the power to enforce its decisions over the parties involved in the case.

In order for a court's decision to be binding, both subject matter jurisdiction and jurisdiction over the person must be present. Therefore, the correct answer is D, both a and b.

Question 9

Cases must initially be heard in courts of appellate jurisdiction.

Accepted Answer

Cases are initially heard in trial courts, not appellate courts. Appellate courts only hear cases that have gone through the trial court process and are being appealed.

Question 10

A right of removal allows the defendant to move a case from the state court system in which it's filed to a federal court system.

Accepted Answer

This is true. Under certain circumstances, defendants can exercise their right of removal to transfer a case from state court to federal court. This can happen if the case involves a federal question or if there is diversity of citizenship between the parties.

Question 11

The purpose of serving the summons and complaint is to

Accepted Answer

Serving the summons and complaint serves two purposes. First, it gives the defendant notice of the pending action against her. Second, it gives the court jurisdiction over the defendant. Therefore, both options A and B are correct. Subject matter jurisdiction is determined by the type of case and the court's authority to hear that type of case, and it is not established by serving the summons and complaint.

Question 12

If a person receives a summons and complaint, but fails to appear for hearings or trial, the court may still have jurisdiction over that person and could render a decision affecting his or her rights.

Accepted Answer

This is true. Failure to appear does not automatically invalidate the court's jurisdiction over the person.

Question 13

Standing

Accepted Answer

Standing requires proof of an injury in fact and of an interest that is directly affected by the challenged action. While challenging the action of an agency under an environmental statute may make it more likely to establish standing, it is not a guarantee, and therefore option B is not correct. Option C is incorrect as it is not true that both options A and B are correct. Option D is incorrect as there is a clear requirement for establishing standing, which is outlined in option A.

Question 14

Trial courts are courts of original jurisdiction in most cases.

Accepted Answer

Trial courts are the courts where cases are first heard and decided, making them courts of original jurisdiction in most cases.

Question 15

A case challenging a statute as violating a person's rights under the U. S. Constitution

Accepted Answer

The case may be heard in either State or federal court, as long as the federal court has jurisdiction over the matter. If the case involves a federal question, it may be heard in federal court, while cases involving only state law issues may be heard in state court. Ultimately, it depends on the specific facts and legal issues involved in the case.

Question 16

The least adversarial alternative to litigation is arbitration.

Accepted Answer

(mediation is the least adverse)

Question 17

Arbitration and mediation are two non-adversarial alternatives to litigation.

Accepted Answer

(they are two alternatives to litigation, but they remain part of the adversary system)

Question 18

Subject matter jurisdiction determines whether a case is heard in state or federal court.

Accepted Answer

Subject matter jurisdiction is the authority of the court to hear a particular type of case. It determines whether a case should be heard in state or federal court.

Question 19

The attorney-client privilege is designed to encourage the client to tell the truth to his attorney.

Accepted Answer

The attorney-client privilege is a legal protection that allows clients to have candid communication with their attorneys without fear of the information being disclosed to others, including in court. This protection is intended to encourage clients to be truthful with their attorneys, which in turn helps the attorney provide the client with the best legal representation possible.

Question 20

If a defendant wants to sue a plaintiff, then the defendant should also file a(n) _____ with the answer.

Accepted Answer

If a defendant wants to sue a plaintiff, then the defendant should file a counterclaim with the answer. This allows the defendant to make their own claims and seek damages from the plaintiff in the same case. Filing a counterclaim usually saves time and money by resolving all issues between the parties in one action.

Quiz 2: The Litigation Process and Other Tools for Resolving Environmental Disputes