Exam 3: The Judicial System

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Which of the following is NOT true of long-arm statutes?

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B

Federal district courts are courts of original jurisdiction.

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True

A case that is remanded requires further procedures.

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True

A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.

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Which label is appropriate for the party appealing a case?

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All states have a general trial court of original jurisdiction.

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Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never delivered. Where will Watkins properly file suit?

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In which system are bankruptcy courts located?

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In personam jurisdiction is the authority of a court over the subject matter of the case.

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Which of the following courts is not a court of original jurisdiction?

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Which of the following statements is correct about subject matter jurisdiction?

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A small claims court:

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List international courts with consensual jurisdiction.

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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?

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On appeal, respondent is another name for appellant.

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A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.

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To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:

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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?

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Oral arguments are not allowed in appellate courts.

(True/False)
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State supreme courts have original jurisdiction in some circumstances.

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