Question 1

Which of the following is an issue in subject matter jurisdiction determinations?

Accepted Answer

A) The residence of the defendant 
B) The nature of the controversy 
C) The amount of the controversy 
D) All of the above are issues in subject matter jurisdiction. 
A) The residence of the defendant 
B) The nature of the controversy 
C) The amount of the controversy 
D) All of the above are issues in subject matter jurisdiction.

Question 2

A case that is remanded requires further procedures.

Accepted Answer

A) True 
 B)False

Question 3

John Dawson has been sued by Ralph Kirkwood for breach of contract.  John recalls several e-mail exchanges he had with Ralph about the contract in which Ralph indicated he did not want to proceed with the contract.  Unfortunately, John has deleted the e-mails.  Which of the following statements is true?

Accepted Answer

A) John can testify about the e-mails, but he is out of luck in terms of submitting them as evidence. 
B) John can obtain the e-mails from Ralph or Ralph's ISP through discovery. 
C) John cannot obtain the e-mails without Ralph's consent. 
D) E-mails are generally not admissible as evidence. 
A) John can testify about the e-mails, but he is out of luck in terms of submitting them as evidence. 
B) John can obtain the e-mails from Ralph or Ralph's ISP through discovery. 
C) John cannot obtain the e-mails without Ralph's consent. 
D) E-mails are generally not admissible as evidence.

Question 4

Give five reasons why a court may choose not to follow precedent.

Accepted Answer

(1)Cases are factually distinguishable.

Question 5

State supreme courts have original jurisdiction in some circumstances.

Accepted Answer

A) True 
 B)False

Question 6

Timberline Lumber, Inc., sued Teal Developers, Inc., because Teal had failed to pay a $43,000 bill owed to Timberline. Both companies are incorporated in Montana and operate only in Montana. Timberline lost at the trial and now wants to appeal the decision. Answer the following questions: 
a. What court would have jurisdiction over the suit? 
b. Who is the plaintiff? Who is the defendant? 
c. On appeal, who is the appellant? 
d. What grounds would cause the appellate court to reverse?

Accepted Answer

The case would be brought in the general

Question 7

A writ of certiorari :

Accepted Answer

A) is issued for every case appealed to the U.S. Supreme Court. 
B) applies only to cases of original jurisdiction. 
C) is an order issuing a decision to hear a case. 
D) is a brief explanation of the Supreme Court's decision in a case. 
A) is issued for every case appealed to the U.S. Supreme Court. 
B) applies only to cases of original jurisdiction. 
C) is an order issuing a decision to hear a case. 
D) is a brief explanation of the Supreme Court's decision in a case.

Question 8

If a case is reversed and remanded, it:

Accepted Answer

A) is dismissed with no further proceedings. 
B) is reversed with no further proceedings. 
C) requires additional hearings or determinations at the trial court level. 
D) means that the lower court acted unconstitutionally. 
E) None of the above 
A) is dismissed with no further proceedings. 
B) is reversed with no further proceedings. 
C) requires additional hearings or determinations at the trial court level. 
D) means that the lower court acted unconstitutionally. 
E) None of the above

Question 9

The ADR organization is the largest provider of arbitration services in the United States.

Accepted Answer

A) True 
 B)False

Question 10

U.S. Supreme Court opinions are reported in three different reporter series.

Accepted Answer

A) True 
 B)False

Question 11

Subject matter jurisdiction must be established in the complaint.

Accepted Answer

A) True 
 B)False

Question 12

Voir dire helps to evaluate potential jurors for bias in a case.

Accepted Answer

A) True 
 B)False

Question 13

Generally, three judges review a case at the court of appeals level in both the state and federal levels.

Accepted Answer

A) True 
 B)False

Question 14

Gretta Grietham, a Michigan resident, purchased investment bonds from Lincoln Savings and Loan. Lincoln experienced some setbacks and has now been taken over by the Resolution Trust Corporation of the federal government. Gretta's bonds are now worthless (she purchased $12,000 of the bonds). Gretta's attorney has advised her that she probably has a chance of recovery from the officers and directors for securities fraud under the 1934 Securities Exchange Act. Lincoln is a California corporation doing business in California with investors all over the country. Where and in what court could Gretta bring her suit?

Accepted Answer

Grietham has a federal statuto

Question 15

The U.S. Supreme Court grants certiorari:

Accepted Answer

A) when state courts do not agree on a decision in similar fact patterns. 
B) when circuit courts do not agree on a decision in similar fact patterns. 
C) in all cases. 
D) only on cases tried in federal court. 
A) when state courts do not agree on a decision in similar fact patterns. 
B) when circuit courts do not agree on a decision in similar fact patterns. 
C) in all cases. 
D) only on cases tried in federal court.

Question 16

Every trial has a jury to decide it for the parties.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following suits could be properly heard in federal district court?

Accepted Answer

A) A suit between two contracting parties in one state over a UCC interpretation question 
B) A suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington 
C) A suit challenging the constitutionality of a state's death penalty statute 
D) All of the above 
A) A suit between two contracting parties in one state over a UCC interpretation question 
B) A suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington 
C) A suit challenging the constitutionality of a state's death penalty statute 
D) All of the above

Question 18

Which is not part of the National Reporter System?

Accepted Answer

A) Federal Supplement 
B) Pacific Reporter 
C) State supreme court decisions 
D) Both a and c 
A) Federal Supplement 
B) Pacific Reporter 
C) State supreme court decisions 
D) Both a and c

Question 19

An attorney:

Accepted Answer

A) must reveal a client's confession of a crime. 
B) cannot represent a guilty party. 
C) must see that his/her client's rights are protected. 
D) can violate the law to protect a client. 
A) must reveal a client's confession of a crime. 
B) cannot represent a guilty party. 
C) must see that his/her client's rights are protected. 
D) can violate the law to protect a client.

Question 20

Decisions of the federal district court are reported in the Federal Reporter .

Accepted Answer

A) True 
 B)False

Which of the following is an issue in subject matter jurisdiction determinations?

A case that is remanded requires further procedures.

Give five reasons why a court may choose not to follow precedent.

State supreme courts have original jurisdiction in some circumstances.

A writ of certiorari :

If a case is reversed and remanded, it:

The ADR organization is the largest provider of arbitration services in the United States.

U.S. Supreme Court opinions are reported in three different reporter series.

Subject matter jurisdiction must be established in the complaint.

Voir dire helps to evaluate potential jurors for bias in a case.

Generally, three judges review a case at the court of appeals level in both the state and federal levels.

The U.S. Supreme Court grants certiorari:

Every trial has a jury to decide it for the parties.

Which of the following suits could be properly heard in federal district court?

Which is not part of the National Reporter System?

An attorney:

Decisions of the federal district court are reported in the Federal Reporter .

Introduction to Law

Business Ethics and Social Responsibility

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

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Exam 3: The Court System and Dispute Resolution

Which of the following is an issue in subject matter jurisdiction determinations?

A case that is remanded requires further procedures.

Give five reasons why a court may choose not to follow precedent.

State supreme courts have original jurisdiction in some circumstances.

A writ of certiorari :

If a case is reversed and remanded, it:

The ADR organization is the largest provider of arbitration services in the United States.

U.S. Supreme Court opinions are reported in three different reporter series.

Subject matter jurisdiction must be established in the complaint.

Voir dire helps to evaluate potential jurors for bias in a case.

Generally, three judges review a case at the court of appeals level in both the state and federal levels.

The U.S. Supreme Court grants certiorari:

Every trial has a jury to decide it for the parties.

Which of the following suits could be properly heard in federal district court?

Which is not part of the National Reporter System?

An attorney:

Decisions of the federal district court are reported in the Federal Reporter .

Introduction to Law

Business Ethics and Social Responsibility

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

Filters