Question 1

Martin files a lawsuit against his town alleging that town officials violated his First Amendment rights to free speech. Martin can

Accepted Answer

A)  file his case in federal court because federal courts have jurisdiction over cases involving the Constitution. 
B)  file his case in state court because issues involving towns are state questions. 
C)  file his case before the National First Amendment Board. 
D)  file his case only if concurrent jurisdiction exists between state and federal courts. 
A)  file his case in federal court because federal courts have jurisdiction over cases involving the Constitution. 
B)  file his case in state court because issues involving towns are state questions. 
C)  file his case before the National First Amendment Board. 
D)  file his case only if concurrent jurisdiction exists between state and federal courts. A

Question 2

Federal jurisdiction does not extend to cases involving diversity of citizenship .

Accepted Answer

A) True 
 B)False  False

Question 3

The United States Supreme Court must review nearly all cases that are appealed to it.

Accepted Answer

A) True 
 B)False  False

Question 4

A party who appeals is known as the appellee , or respondent.

Accepted Answer

A) True 
 B)False

Question 5

Negotiation requires the use of a neutral third party to facilitate a settlement.

Accepted Answer

A) True 
 B)False

Question 6

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is usually

Accepted Answer

A)  a recommendation to the parties. 
B)  the basis of a future lawsuit. 
C)  the final word on the dispute. 
D)  the same as a judge's verdict. 
A)  a recommendation to the parties. 
B)  the basis of a future lawsuit. 
C)  the final word on the dispute. 
D)  the same as a judge's verdict.

Question 7

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

Accepted Answer

A)  concurrent jurisdiction with federal courts. 
B)  concurrent jurisdiction with other state courts. 
C)  exclusive jurisdiction. 
D)  no jurisdiction. 
A)  concurrent jurisdiction with federal courts. 
B)  concurrent jurisdiction with other state courts. 
C)  exclusive jurisdiction. 
D)  no jurisdiction.

Question 8

Appellate courts typically review a case on appeal in order to determine whether the trial court committed an error.

Accepted Answer

A) True 
 B)False

Question 9

Fabrication, Inc., makes steel forms that are substandard. Geo Manufacturing Company has never bought or used a Fabrication form, but files a suit against the firm, alleging that its products are defective. Fabrication's best ground for dismissal of the suit is that Geo does not have

Accepted Answer

A)  discovery. 
B)  exclusive jurisdiction. 
C)  standing to sue. 
D)  minimum contacts. 
A)  discovery. 
B)  exclusive jurisdiction. 
C)  standing to sue. 
D)  minimum contacts.

Question 10

After a trial begins, only a defendant can file a motion to dismiss.

Accepted Answer

A) True 
 B)False

Question 11

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because

Accepted Answer

A)  the case will be heard by a jury. 
B)  the dispute will eventually go to trial. 
C)  the process is not as adversarial as litigation. 
D)  the resolution of the dispute will be decided an expert. 
A)  the case will be heard by a jury. 
B)  the dispute will eventually go to trial. 
C)  the process is not as adversarial as litigation. 
D)  the resolution of the dispute will be decided an expert.

Question 12

In arbitration, an arbitrator hears a dispute and renders a decision resolving the dispute.

Accepted Answer

A) True 
 B)False

Question 13

For a court to hear a case,

Accepted Answer

A)  the parties must agree. 
B)  the court must have jurisdiction. 
C)  the parties must have no minimum contacts with each other. 
D)  the parties must own property. 
A)  the parties must agree. 
B)  the court must have jurisdiction. 
C)  the parties must have no minimum contacts with each other. 
D)  the parties must own property.

Question 14

Alternative dispute resolution includes using formal judicial processes such as a trial to resolve disputes.

Accepted Answer

A) True 
 B)False

Question 15

Under a state long-arm statute, a court can exercise jurisdiction over certain out-of-state defendants .

Accepted Answer

A) True 
 B)False

Question 16

John sues Lark Manufacturing, claiming that Lark Manufacturing polluted John's land through release of toxic liquids. Lark Manufacturing wants to enter John's property to assess the claimed damage. Lark Manufacturing can

Accepted Answer

A)  gain "entry upon land" to inspect premises relevant to the case during discovery. 
B)  request access to John's land once the trial is complete. 
C)  assert in rem jurisdiction over John's land in order to access it. 
D)  only receive information from John about his land and cannot trespass upon it. 
A)  gain "entry upon land" to inspect premises relevant to the case during discovery. 
B)  request access to John's land once the trial is complete. 
C)  assert in rem jurisdiction over John's land in order to access it. 
D)  only receive information from John about his land and cannot trespass upon it.

Question 17

Petro Fuel files a suit in a state court against Quality Gas. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the appellate court

Accepted Answer

A)  re-hears the evidence presented in the lower court. 
B)  reviews the record for errors of law. 
C)  files briefs with the attorneys of the parties for both sides. 
D)  hears motions for summary judgment depending on the facts of the case. 
A)  re-hears the evidence presented in the lower court. 
B)  reviews the record for errors of law. 
C)  files briefs with the attorneys of the parties for both sides. 
D)  hears motions for summary judgment depending on the facts of the case.

Question 18

A plaintiff is a person against whom a suit is brought.

Accepted Answer

A) True 
 B)False

Question 19

The decisions of the U.S. courts of appeals cannot be appealed further .

Accepted Answer

A) True 
 B)False

Question 20

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,

Accepted Answer

A)  Isabel must file an amended complaint. 
B)  Isabel will have a default judgment entered in her favor. 
C)  Josh must be served with a second summons. 
D)  Josh will have a default judgment entered in his favor. 
A)  Isabel must file an amended complaint. 
B)  Isabel will have a default judgment entered in her favor. 
C)  Josh must be served with a second summons. 
D)  Josh will have a default judgment entered in his favor.

Exam 3: The Courts and Our Legal System

Martin files a lawsuit against his town alleging that town officials violated his First Amendment rights to free speech. Martin can

Federal jurisdiction does not extend to cases involving diversity of citizenship .

The United States Supreme Court must review nearly all cases that are appealed to it.

A party who appeals is known as the appellee , or respondent.

Negotiation requires the use of a neutral third party to facilitate a settlement.

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is usually

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

Appellate courts typically review a case on appeal in order to determine whether the trial court committed an error.

Fabrication, Inc., makes steel forms that are substandard. Geo Manufacturing Company has never bought or used a Fabrication form, but files a suit against the firm, alleging that its products are defective. Fabrication's best ground for dismissal of the suit is that Geo does not have

After a trial begins, only a defendant can file a motion to dismiss.

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because

In arbitration, an arbitrator hears a dispute and renders a decision resolving the dispute.

For a court to hear a case,

Alternative dispute resolution includes using formal judicial processes such as a trial to resolve disputes.

Under a state long-arm statute, a court can exercise jurisdiction over certain out-of-state defendants .

John sues Lark Manufacturing, claiming that Lark Manufacturing polluted John's land through release of toxic liquids. Lark Manufacturing wants to enter John's property to assess the claimed damage. Lark Manufacturing can

Petro Fuel files a suit in a state court against Quality Gas. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the appellate court

A plaintiff is a person against whom a suit is brought.

The decisions of the U.S. courts of appeals cannot be appealed further .

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,

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