Question 1

Why do courts need to accomplish a service of process?

Accepted Answer

A)  to obtain personal jurisdiction over the plaintiff in a lawsuit 
B)  to obtain personal jurisdiction over the defendant in a lawsuit 
C)  to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit 
D)  to obtain jurisdiction over nonresidents who were not served summons within the state 
A)  to obtain personal jurisdiction over the plaintiff in a lawsuit 
B)  to obtain personal jurisdiction over the defendant in a lawsuit 
C)  to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit 
D)  to obtain jurisdiction over nonresidents who were not served summons within the state B

Question 2

A justice who does not agree with a decision can file a ________ opinion that sets forth the reasons for his or her lack of agreement.

Accepted Answer

A)  unanimous 
B)  plurality 
C)  concurring 
D)  dissenting 
A)  unanimous 
B)  plurality 
C)  concurring 
D)  dissenting D

Question 3

Why is a long-arm statute needed? What are the circumstances under which long-arm jurisdiction is generally permitted over nonresidents?

Accepted Answer

In most states,a state court can obtain jurisdiction in a civil lawsuit over persons and businesses located in another state or country through the state's long-arm statute.These statutes extend a state's jurisdiction to nonresidents who are not served a summons within the state.The nonresident defendant in the civil lawsuit must have had some minimum contact with the state such that the maintenance of that lawsuit in that state does not offend traditional notions of fair play and substantial justice.The exercise of long-arm jurisdiction is generally permitted over nonresidents who have (1)committed torts within the state (e.g.,caused an automobile accident in the state),(2)entered into a contract either in the state or that affects the state (and allegedly breached the contract),or (3)transacted other business in the state that allegedly caused injury to another person.

Question 4

Judges of the special federal courts are appointed for a life term by the president of the United States.

Accepted Answer

A) True 
 B)False

Question 5

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a ________ opinion that sets forth his or her reasons for deciding the case.

Accepted Answer

A)  concurring 
B)  dissenting 
C)  unanimous 
D)  plurality 
A)  concurring 
B)  dissenting 
C)  unanimous 
D)  plurality

Question 6

In sparsely populated states that do not have an intermediate appellate court,trial court decisions can be appealed directly to the state's highest court.

Accepted Answer

A) True 
 B)False

Question 7

The first 12 circuits in the federal court system are geographical.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true about a plurality decision of the Supreme Court?

Accepted Answer

A)  It settles the case but does not set the precedent for later cases. 
B)  It affirms the decision of the lower court. 
C)  It settles the case and sets the precedent for later cases. 
D)  It causes the case to be reviewed again at a later date. 
A)  It settles the case but does not set the precedent for later cases. 
B)  It affirms the decision of the lower court. 
C)  It settles the case and sets the precedent for later cases. 
D)  It causes the case to be reviewed again at a later date.

Question 9

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

Accepted Answer

A)  The Arkansas state court will hear this case as it has in personam jurisdiction over George. 
B)  The Arkansas state court has in rem jurisdiction to hear this case. 
C)  The Oklahoma state court has in rem jurisdiction to hear this case. 
D)  The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state. 
A)  The Arkansas state court will hear this case as it has in personam jurisdiction over George. 
B)  The Arkansas state court has in rem jurisdiction to hear this case. 
C)  The Oklahoma state court has in rem jurisdiction to hear this case. 
D)  The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

Question 10

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

Accepted Answer

A)  No-contest clause 
B)  Choice of law clause 
C)  Forum-selection clause 
D)  Arbitration clause 
A)  No-contest clause 
B)  Choice of law clause 
C)  Forum-selection clause 
D)  Arbitration clause

Question 11

Altonvista,Inc.,a company based in California,is sued by a plaintiff from the state of Texas.Which of the following statements would apply to this situation?

Accepted Answer

A)  The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction. 
B)  If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court. 
C)  If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court. 
D)  The case can only be heard in a California state court as the matter is not subject to federal jurisdiction. 
A)  The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction. 
B)  If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court. 
C)  If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court. 
D)  The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.

Question 12

Which of the following courts are considered as the federal court system's intermediate appellate courts?

Accepted Answer

A)  U.S. Courts of Appeals for Veterans Claims 
B)  U.S. courts of appeals 
C)  U.S. district courts 
D)  U.S. courts of federal claims 
A)  U.S. Courts of Appeals for Veterans Claims 
B)  U.S. courts of appeals 
C)  U.S. district courts 
D)  U.S. courts of federal claims

Question 13

Service of process is permitted when a party who disputes the jurisdiction of a court makes a special appearance in that court to argue against imposition of jurisdiction.

Accepted Answer

A) True 
 B)False

Question 14

The exercise of long-arm jurisdiction is generally permitted over nonresidents who have ________.

Accepted Answer

A)  requested for a change of venue so that a more impartial jury can be found 
B)  raised hypothetical questions and filed trivial lawsuits in the court of law 
C)  made a special appearance in that court to argue against imposition of jurisdiction 
D)  transacted other business in the state that allegedly caused injury to another person 
A)  requested for a change of venue so that a more impartial jury can be found 
B)  raised hypothetical questions and filed trivial lawsuits in the court of law 
C)  made a special appearance in that court to argue against imposition of jurisdiction 
D)  transacted other business in the state that allegedly caused injury to another person

Question 15

Which of the following U.S.Supreme Court decisions creates precedent for future cases?

Accepted Answer

A)  plurality decisions 
B)  majority decisions 
C)  tie decisions 
D)  concurring decisions 
A)  plurality decisions 
B)  majority decisions 
C)  tie decisions 
D)  concurring decisions

Question 16

Quasi in rem jurisdiction is also known as ________ jurisdiction.

Accepted Answer

A)  attachment 
B)  concealment 
C)  in personam 
D)  detachment 
A)  attachment 
B)  concealment 
C)  in personam 
D)  detachment

Question 17

While dealing with lawsuits regarding the diversity of citizenship,federal courts should ________.

Accepted Answer

A)  ensure that the dollar amount of the controversy is limited to the value of $75,000 
B)  ensure that the plaintiff does not transfer the case to a state court 
C)  ensure that the defendant does not transfer the case to a state court 
D)  ensure the application of the relevant state law in deciding the case 
A)  ensure that the dollar amount of the controversy is limited to the value of $75,000 
B)  ensure that the plaintiff does not transfer the case to a state court 
C)  ensure that the defendant does not transfer the case to a state court 
D)  ensure the application of the relevant state law in deciding the case

Question 18

________ refers to a court's jurisdiction over the parties to a lawsuit.

Accepted Answer

A)  In rem jurisdiction 
B)  Quasi in rem jurisdiction 
C)  In personam jurisdiction 
D)  Sua sponte 
A)  In rem jurisdiction 
B)  Quasi in rem jurisdiction 
C)  In personam jurisdiction 
D)  Sua sponte

Question 19

Plurality decisions by Supreme Court justices are precedent for later cases.

Accepted Answer

A) True 
 B)False

Question 20

In which of the following cases do federal courts have exclusive jurisdiction?

Accepted Answer

A)  cases involving sales and lease contracts 
B)  federal question cases 
C)  suits against the United States 
D)  diversity of citizenship cases 
A)  cases involving sales and lease contracts 
B)  federal question cases 
C)  suits against the United States 
D)  diversity of citizenship cases

Exam 3: Courts and Jurisdiction

Why do courts need to accomplish a service of process?

A justice who does not agree with a decision can file a ________ opinion that sets forth the reasons for his or her lack of agreement.

Why is a long-arm statute needed? What are the circumstances under which long-arm jurisdiction is generally permitted over nonresidents?

Judges of the special federal courts are appointed for a life term by the president of the United States.

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a ________ opinion that sets forth his or her reasons for deciding the case.

In sparsely populated states that do not have an intermediate appellate court,trial court decisions can be appealed directly to the state's highest court.

The first 12 circuits in the federal court system are geographical.

Which of the following is true about a plurality decision of the Supreme Court?

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

Altonvista,Inc.,a company based in California,is sued by a plaintiff from the state of Texas.Which of the following statements would apply to this situation?

Which of the following courts are considered as the federal court system's intermediate appellate courts?

Service of process is permitted when a party who disputes the jurisdiction of a court makes a special appearance in that court to argue against imposition of jurisdiction.

The exercise of long-arm jurisdiction is generally permitted over nonresidents who have ________.

Which of the following U.S.Supreme Court decisions creates precedent for future cases?

Quasi in rem jurisdiction is also known as ________ jurisdiction.

While dealing with lawsuits regarding the diversity of citizenship,federal courts should ________.

________ refers to a court's jurisdiction over the parties to a lawsuit.

Plurality decisions by Supreme Court justices are precedent for later cases.

In which of the following cases do federal courts have exclusive jurisdiction?

Legal Heritage and the Digital Age

Constitutional Law for Business and E-commerce

Judicial Alternative Administrative and E-Dispute Resolution

Intentional Torts and Negligence

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System and Electronic Financial Transactions

Credit, Real Property Financing, and Secured Transactions

Bankruptcy and Reorganization

Agency law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchise and Special Forms of Business

Investor Protection, E-Securities, and Wall Street Reform

Antitrust Law and Unfair Trade Practices

Consumer Safety and Environmental Protection

Labor, Worker Protection, and Immigration Laws

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Duties and Liability

International and World Trade Law

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