Deck 3: The American Legal System

Question 1

A plaintiff refers to the party .

A) on whose behalf the complaint is filed
B) against whom an action is being brought
C) who listens to a dispute
D) who is designated to pass judgment on a case

Answer 1

A

Question 2

James rents a house in Wisconsin. Sandra, the owner of the house, lives in Pennsylvania. A portion of the roof in the rented house collapses. If James is claiming damages due to negligence, which of the following statements is true?

A) James has to file a lawsuit in a Pennsylvania state trial court, as in personam jurisdiction is required.
B) A federal court has to hear this case, as it will have exclusive subject matter jurisdiction in this case.
C) A lawsuit can be filed in a Wisconsin state trial court, as in rem jurisdiction is sufficient.
D) James has to wait for Sandra to enter Wisconsin and then file a lawsuit there.

Answer 2

C

Question 3

Which of the following statements is true about right of removal?

A) A defendant cannot exercise the right of removal.
B) A state court judge cannot decline a valid right of removal request.
C) It can only be exercised for cases filed in a federal court.
D) It refers to a plaintiff's right to stop a case from being moved to a federal court.

Answer 3

B

Question 4

A court has in personam jurisdiction over a person when .

A) that person responds to the complaint
B) a complaint has been filed in court against that person
C) the court serves him or her with a copy of the plaintiff's complaint and a summons
D) that person enters within the borders of the state in which the court is located

Question 5

A court of original jurisdiction is usually referred to as a(n) court.

A) trial
B) appellate
C) supreme
D) en banc

Question 6

A court of jurisdiction has the power to initially hear and decide a case.

A) original
B) appellate
C) review
D) supreme

Question 7

The party against whom an action is being brought is the .

A) remainderman
B) plaintiff
C) defendant
D) complainant

Question 8

is providing the defendant with a summons and a copy of the complaint.

A) Licensure
B) Censure
C) Service
D) Reprobation

Question 9

The is a detailed statement of the basis for the plaintiff's lawsuit and the relief being sought.

A) verdict
B) counterclaim
C) answer
D) complaint

Question 10

jurisdiction refers to cases that may be heard only in the state court system.

A) In personam
B) In rem
C) Quasi-in rem
D) State court

Question 11

is the power of the courts to hear a case and render a decision that is binding on the parties.

A) Jurisdiction
B) Venue
C) Residency
D) Acclimation

Question 12

Paul, a resident of Arizona, purchased a collector's edition of a magazine from Arthur, a retailer of comics and magazines, at a convention held in Arizona. Paul paid for the magazine, but did not receive it. If Arthur is a resident of California, which of the following statements is true?

A) The long-arm statute grants the Arizona state trial court in personam jurisdiction over Arthur, if it can be proved that Arthur has enough points of contact in Arizona.
B) The long-arm statute grants the Arizona state trial court in rem jurisdiction over Arthur, if it can be proved that Arthur has enough points of contact in Arizona.
C) Only the California state trial court has in rem jurisdiction over Arthur, as he is a resident of California.
D) As this case does not fall under concurrent federal jurisdiction, Arthur cannot exercise his right of removal.

Question 13

The is an order of the court notifying the defendant of the pending case and telling him or her how and when to respond to the complaint.

A) summons
B) complaint
C) temporary injunction
D) permanent injunction

Question 14

Jennifer, a resident of North Carolina, was granted a patent for a device she invented. Donald, a resident of Texas, claims to have invented the device earlier, and disputes the patent granted to Jennifer. Which of the following should Donald do?

A) file a case in a North Carolina state trial court, as it has in personam jurisdiction over Jennifer
B) file a case in a Texas state trial court, as the long-arm statute grants it in rem jurisdiction over Jennifer
C) file a case in the Ninth Circuit Court of Appeals, as there is concurrent federal jurisdiction due to diversity of citizenship
D) file a case in a federal trial court, as federal courts have exclusive jurisdiction over this subject matter

Question 15

A court with _ jurisdiction has the power to review a previously made decision to determine whether the trial court erred in making its initial decision.

A) original
B) appellate
C) in rem
D) exclusive federal

Question 16

Mark, a resident of Nebraska, was driving through Oklahoma when his car struck Katherine's vehicle. If Katherine resides in Oklahoma, in which court should she file a case to claim damages?

A) the U.S. Supreme Court
B) a U.S. federal district court in Nebraska
C) a Nebraska state trial court
D) an Oklahoma state trial court

Question 17

jurisdiction is the power of a court to render a decision in a particular type of case.

A) Subject matter
B) In rem
C) Quasi-in rem
D) In personam

Question 18

Which of the following statements is true about in rem jurisdiction?

A) When the owner of a property cannot be located for personal service, a court with in rem jurisdiction could order the property sold.
B) If the property under dispute is outside the state, but the owner is within the state, the court has in rem jurisdiction over the property.
C) In rem jurisdiction grants a court the power to review a previously made decision.
D) In rem jurisdiction grants a court the power to try a case without a jury.

Question 19

Which of the following is the traditional method of service of process?

A) certified mail
B) certified mail, return receipt requested
C) publication
D) a sheriff hands the summons and complaint to the defendant

Question 20

Charlie, a resident of Colorado, made a purchase on the website of the online megastore, Emerold, Inc. The product delivered to Charlie's residence in Colorado was damaged and Emerold, Inc. refused to replace it. The headquarters of Emerold, Inc. is located in New York, but the product was shipped from a warehouse in Kansas. In this scenario, which of the following statements is true?

A) Only the Kansas state court has jurisdiction to try Emerold, Inc. as the defective product was shipped from Kansas.
B) A federal court has to hear this case, as it has exclusive jurisdiction on this subject matter.
C) If the warehouse superintendent in Kansas is served, Emerold, Inc. as a corporation has been served.
D) If online transactions are considered as sufficient points of contact, a Colorado state court has in personam jurisdiction over Emerold, Inc.

Question 21

Forum non conveniens is .

A) a doctrine that allows a case to be moved from a state court to a federal court
B) applicable only for cases falling under exclusive federal jurisdiction
C) a doctrine that allows a change in venue of the case
D) granted regardless of the judge's opinion

Question 22

Cases involving diversity of citizenship can be heard in a federal court if an amount in excess of $75,000 is in controversy.

Question 23

A court of original jurisdiction is usually referred to as a trial court.

Question 24

How do courts achieve in personam jurisdiction?

Question 25

jurisdiction applies to cases that may be heard only in the federal court system.

A) Ninth Amendment
B) Exclusive federal
C) Tenth Amendment
D) Intrastate

Question 26

is clearly prescribed by statute in each state, and is a matter of geographic location. It is usually based on the residence of the defendant, the location of the property in dispute, or the location in which the incident out of which the dispute arose occurred.

A) Service of process
B) Res ipsa loquitur
C) Parley
D) Venue

Question 27

refers to where a case is brought.

A) Parley
B) Res ipsa loquitur
C) Venue
D) Absolution

Question 28

Define subject matter jurisdiction. In terms of subject matter jurisdiction, describe the types of cases that are subject to: a) exclusive federal jurisdiction; b) concurrent (in other words, both federal and state) jurisdiction; and c) state court jurisdiction.

Question 29

Which of the following statements is true of concurrent jurisdiction?

A) All federal criminal prosecutions fall under concurrent jurisdiction.
B) A case that requires an interpretation of the U.S. Constitution must be heard only in a federal court.
C) A bankruptcy case will be heard in a state trial court.
D) A case that involves diversity of citizenship falls under concurrent jurisdiction.

Question 30

If the plaintiff and defendant are from different states, the case can only be heard in a federal court.

Question 31

In rem jurisdiction refers to the power of a court to render a decision that affects property directly.

Question 32

Before a court can render a decision affecting a person, the court must have jurisdiction over the person.

Question 33

Explain the rationale behind granting the right of removal to both parties in a case.

Question 34

The complaint is a detailed statement of the basis for the plaintiff's lawsuit and the relief being sought, while the cross-complaint is an order of the court notifying the defendant of the pending case and telling him or her how and when to respond to the complaint.

Question 35

Which of the following statements is true about venue of the trial?

A) The venue of the trial court determines which court system has jurisdiction over the case.
B) The defendant's right to have the venue changed is called right of removal.
C) The doctrine of forum non conveniens grants the plaintiff the right to irreversibly fix the venue.
D) The request for change of venue is granted at the judge's discretion.

Question 36

When a person's rights under the federal Constitution have been violated, the case must be tried in a federal court.

Question 37

A court of appellate jurisdiction has the power to convene a jury.

Question 38

Long-arm statutes enable a court to serve a defendant outside the state as long as the defendant has engaged in certain acts within the state such as committing a tort within the state or doing business within the state.

Question 39

What is a long-arm statute?

Question 40

Forum non conveniens is the doctrine which allows a party to request a change in venue.

Question 41

A trial court judge .

A) cannot rule on whether certain evidence is admissible
B) generally presides over a case as a part of a panel
C) reviews lower-court cases to determine whether errors of law were committed
D) decides the facts in a case if the right to a jury trial has been waived

Question 42

The plaintiff can always choose the system in which to file a case regardless of subject matter jurisdiction.

Question 43

Which of the following statements is true of attorney-client privilege?

A) An attorney may divulge information if it involves confession of a crime that has been committed.
B) An attorney who learns about a crime that a client is about to commit can choose not to reveal that information.
C) Formal documents prepared by the attorney as work product may be revealed by the attorney without client permission.
D) The attorney-client privilege is not extended to the work-product doctrine.

Question 44

In state court systems, most cases are originally filed in the court of jurisdiction.

A) appellate; general
B) trial; general
C) appellate; special
D) trial; special

Question 45

Simon is an attorney who has been hired by Naptune, Inc. to defend against claims of profiteering. While discussing the charges with Mark, who is an employee of Naptune, Simon learns that Naptune is about to engage in profiteering again. In this scenario, which of the following statements is true?

A) Simon is legally obliged to inform the police about any future criminal activities of Naptune, Inc.
B) Simon cannot legally include this information in his work product and inform the court.
C) Simon can only divulge this information to the police if Mark explicitly permits it.
D) Simon can include this in the work product, but can choose not to inform the authorities.

Question 46

The second level of courts in the federal court system is made up of the U.S. .

A) district courts
B) courts of appeal
C) courts of last resort
D) superior courts

Question 47

A common court of limited jurisdiction in most states is the court.

A) trial
B) appellate
C) intermediate
D) small claims

Question 48

Judges who believe in judicial are much less likely to overturn an existing precedent.

A) subordination
B) supremacy
C) activism
D) restraint

Question 49

The U.S. Supreme Court is the .

A) court of last resort
B) court of initial resort
C) trial court
D) intermediate appellate court

Question 50

Which of the following statements is true about the federal court system?

A) Appeals of benefits decisions made by the Veterans Administration are heard only by the Federal Circuit Court of Appeals.
B) Appeals from administrative agencies are heard only by the Federal Circuit Court of Appeals.
C) Bankruptcy cases must be filed under trial courts of limited jurisdiction.
D) The U.S. Supreme Court only hears appeals in the federal system.

Question 51

Petit juries .

A) consist of 13 to 24 citizens
B) are used only convened in criminal matters
C) are waived off if both parties to a case agree
D) must reach a unanimous verdict in civil cases in all states

Question 52

A judge who believes in judicial believes that the three branches of government are coequal, and the judiciary should refrain from determining the constitutionality of an act of Congress unless absolutely necessary, to keep from interfering within the congressional sphere of power.

A) restraint
B) nullification
C) activism
D) supremacy

Question 53

Which of the following statements is true of state court systems?

A) A court of last resort is often the only appellate court in a state.
B) The small claims court is a court of general jurisdiction in most states.
C) Intermediate courts of appeal deal only with cases falling under general jurisdiction.
D) Each state has only one trial court of general jurisdiction.

Question 54

Federal court judges .

A) are generally elected
B) are nominated by the president
C) are nominated to appear before the U.S. Senate by the American Bar Association
D) generally serve definite terms, the length of which varies from state to state

Question 55

The U.S. Supreme Court is the court of last resort in the federal court system.

Question 56

The U.S. Supreme Court also functions as a trial court of limited jurisdiction.

Question 57

According to the doctrine, formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission.

A) parley
B) parol evidence
C) substantial performance
D) work product

Question 58

Judicial review refers to .

A) the power to determine whether a law passed by the legislature violates the Constitution
B) the federal court system's jurisdictional supremacy over cases that involve a federal question
C) the system of litigation in which the judge hears evidence and arguments presented by both parties
D) an appellate court's power to reverse or remand a case if it finds that an error was committed

Question 59

Which of the following statements is true about the structure of the court system in the United States?

A) The U.S. Supreme Court functions only as an appellate court.
B) The state court of last resort is the only appellate court in the state court system.
C) Intermediate courts of appeal hear appeals only from courts of general jurisdictions.
D) County courts hear cases falling under general jurisdiction.

Question 60

The court of last resort in the state court system is frequently called the court.

A) superior
B) district
C) supreme
D) trial

Question 61

Which of the following is a criticism of the adversarial system of litigation in the United States?

A) The lack of a neutral factfinder such as a judge or a jury.
B) Arguments are only allowed from the defendant's side.
C) Heavy dependency on the skills of the representing attorney.
D) Only evidence produced by the plaintiff is permissible.

Question 62

A shadow jury .

A) is selected through voir dire
B) is selected randomly by a jury selection service
C) is not allowed to interact with the lawyers of a case
D) provides feedback to lawyers on their case

Question 63

Grand juries are used only in criminal matters.

Question 64

Describe the attorney-client privilege.

Question 65

Making sure that a case is heard with reasonable speed is one of the functions of a trial court judge.

Question 66

Which of the following statements is true about the steps followed in a civil litigation before the trial begins?

A) Both parties have to file a request for information to obtain the deposition transcripts.
B) Both parties usually come to an agreement on the damages to be awarded in the pretrial conference.
C) Depositions can be used if there is cause to believe that a witness may die before trial.
D) A motion to dismiss has to be granted by the plaintiff.

Question 67

Which of the following statements is true about pretrial motions?

A) A motion is the gathering of information, by the parties, from each other.
B) In forma pauperis is a motion to proceed without payment of fees.
C) If a motion has been filed, the judge must immediately hold a hearing.
D) A motion to dismiss can be filed to introduce evidence that the opposing party may be hiding.

Question 68

Voir dire refers to the .

A) process of questioning potential jurors to determine whether they will be able to render an unbiased opinion in the case
B) pretrial testimony of witnesses who are examined under oath
C) power of a court to render a decision that affects property directly rather than the owner of the property
D) jurisdictional supremacy that federal courts have over state courts over matters concerning concurrent jurisdiction

Question 69

Which of the following statements is true about jury selection?

A) The process of questioning potential jurors to determine if they will render an unbiased opinion is called volte face.
B) Attorneys must give a reason for rejecting potential jurors under peremptory challenges.
C) Attorneys are given an unlimited number of peremptory challenges during jury selection.
D) Race-based and gender-based peremptory challenges are banned in civil cases.

Question 70

Which of the following statements is true about pleadings?

A) Informal negotiations can only be held after the pleadings have been served.
B) Counterclaims should only contain responses to the allegations in complaints.
C) A motion to dismiss can only be filed by the plaintiff.
D) Plaintiffs are allowed to file a reply to a defendant's counterclaim.

Question 71

Mathew fits the demographic profile of one of the members of an actual jury in a case. He is approached by a jury selection service to be a part of a shadow jury. In this scenario, which of the following statements is true?

A) Mathew will be the only juror in that shadow jury.
B) Mathew will be rejected by the opposing counsel during voir dire.
C) If he accepts, he will not be allowed to directly interact with the lawyers of that case.
D) If he accepts, he will have to deliberate and provide feedback at the end of each day.

Question 72

The power of judicial review was explicitly stated in the Constitution when it was drafted.

Question 73

An indictment is .

A) a formal accusation of the commission of a crime made before a defendant can be tried for the crime
B) a doctrine describing the philosophy of judicial activists
C) a formal document prepared by an attorney in conjunction with a case that is protected by attorney-client privilege
D) the initial pleading in a case that states the names of the parties to the action

Question 74

Which of the following statements is true about the discovery stage in a trial?

A) Interrogatories must be answered before any pleadings are filed.
B) Interrogatories are the questions posed to a witness in court by an attorney.
C) Both parties' attorneys are allowed to cross-examine the potential jurors of the trial.
D) Both parties can be subjected to physical and mental examinations if necessary.

Question 75

A mock jury .

A) is a group of individuals who are demographically matched to the actual jurors in a case
B) sits in a courtroom during a trial and deliberates on the proceedings at the end of each day
C) can be rejected by the opposing attorney through peremptory challenges
D) is selected by the judge from a list of potential candidates

Question 76

Which of the following statements is true about a jury selection service?

A) A mock jury sits in the courtroom during the trial and provides direct feedback to lawyers.
B) Lawyers practice their arguments in front of a shadow jury before presenting the case to the actual jury.
C) A shadow jury's verdict helps lawyers decide whether to try to settle or wait for the actual verdict.
D) Mock juries are banned in most states.

Question 77

The Fifth Amendment requires that all federal prosecutions for "infamous" crimes be commenced with an indictment by a grand jury.

Question 78

What are the arguments for and against electing judges and appointing them for life?

Question 79

Questions of fact are .

A) resolved by the judge during the jury trial
B) resolved during informal negotiations
C) the questions on what actually happened
D) the questions on how the law should be applied to the facts

Question 80

Compare and contrast between judicial restraint and judicial activism.