Question 1

An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case

Accepted Answer

A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard, as prisoners lose the right to sue. 
A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard, as prisoners lose the right to sue.

Question 2

What two conditions must exist for federal courts to have diversity jurisdiction?

Accepted Answer

A) An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000. 
B) The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000. 
C) The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000. 
D) The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000. 
A) An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000. 
B) The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000. 
C) The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000. 
D) The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Question 3

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Accepted Answer

A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation 
A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation

Question 4

The Supreme Court will not grant a writ of certiorari unless

Accepted Answer

A) the case began in a federal court. 
B) two or more U.S. courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case. 
A) the case began in a federal court. 
B) two or more U.S. courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case.

Question 5

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

A) True 
 B)False

Question 6

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Accepted Answer

A) Corrales will render a binding decision. 
B) Holt and Collins will not have the chance to present their cases. 
C) Holt and Collins give up the right to discovery. 
D) Corrales need not give reasons for the decision. 
A) Corrales will render a binding decision. 
B) Holt and Collins will not have the chance to present their cases. 
C) Holt and Collins give up the right to discovery. 
D) Corrales need not give reasons for the decision.

Question 7

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

Accepted Answer

A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories. 
A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories.

Question 8

Pablo, a resident of New Mexico, while driving through Arizona was struck by a SUV driven by Dick, a resident of California. Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. Discuss what type of case this is.

Accepted Answer

This is a diversity case. Pablo could br

Question 9

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is NOT an example of a trial court of limited jurisdiction?

Accepted Answer

A) A probate court 
B) A juvenile court 
C) A small claims court 
D) A general civil division court 
A) A probate court 
B) A juvenile court 
C) A small claims court 
D) A general civil division court

Question 11

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 12

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Accepted Answer

A) True 
 B)False

Question 13

A summons is a paper ordering a defendant to appear in court at a certain time.

Accepted Answer

A) True 
 B)False

Exam 5: Dispute Resolution

An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case

What two conditions must exist for federal courts to have diversity jurisdiction?

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

The Supreme Court will not grant a writ of certiorari unless

Summary judgment is appropriate when there are no essential facts in dispute.

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Which of the following is NOT an example of a trial court of limited jurisdiction?

Primary methods of alternative dispute resolution include litigation and mediation.

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

A summons is a paper ordering a defendant to appear in court at a certain time.

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