Deck 2: Court Systems and Legal Procedures

Question 1

According to the Constitution, which branch has been granted the power to establish lower federal courts?

A) Congress
B) House of Representatives
C) Senate
D) Supreme Court

Answer 1

Congress

Question 2

_________ can be defined as those devices or tools used by one side to obtain facts and information about the case:

A) Investigation
B) Discovery
C) Wire tapping
D) Motions

Answer 2

Discovery

Question 3

The defendant's reply to the allegations of a lawsuit is called the _____.

A) Answer
B) Complaint
C) Counterclaim
D) Summons

Answer 3

Answer

Question 4

The admissibility of the health record into evidence is guided by Federal:

A) Bill of Rights.
B) CFR 21.
C) Civil Procedure Rules of Evidence.
D) HIPAA statutes and regulations.

Question 5

Cases that have subject matter jurisdiction and that are limited by the U.S. Constitution and statute have _____ jurisdiction.

A) Diversity
B) federal question
C) general
D) supreme

Question 6

A deposition is a:

A) Formal request for information from another entity.
B) Request for specific documents from a health care facility.
C) Testimony provided under oath outside of the courtroom.
D) Written questions presented to a party to obtain admissions of certain fact(s).

Question 7

Electronically stored information (ESI) includes all forms of electronic data, and it is the principal subject matter for _____.

A) acquisition of digital media
B) computer database management
C) early case assessment
D) electronic discovery

Question 8

State supreme courts (except in New York State):

A) decide which cases to hear via writ of certiorari.
B) hear appeals from the intermediate appellate courts.
C) maintain guidelines concerning the type of cases.
D) try appeals from state courts involving the Constitution.

Question 9

The questions presented to a party used to gather evidence are part of a(n):

A) Deposition.
B) Interrogatory.
C) Mental examination.
D) Request for admission.

Question 10

When records are modified or destroyed, it is referred to as:

A) Destruction.
B) Non-native format.
C) Non-preservation.
D) Spoliation.

Question 11

The jurisdiction for medical malpractice cases:

A) always falls to state courts.
B) could be either state or federal.
C) depends on the defendant's citizenship.
D) is dependent on the plaintiff's citizenship.

Question 12

The U.S. Supreme Court decides which cases to hear:

A) According to severity of decision.
B) By a writ of certiorari.
C) Based on a lottery.
D) On a first come basis.

Question 13

In addition to supplying the record, the person who possesses the record could be compelled to deliver it at a certain time and place if the request is accompanied by a:

A) request for production.
B) judicial process of health information.
C) rule of civil procedure.
D) subpoena duces tecum.

Question 14

Trial courts in the federal system are called _____.

A) Appellate
B) Criminal
C) District
D) Supreme

Question 15

Article X of the Evidence Rules allows:

A) An exact duplicate copy to serve as evidence in lieu of an original.
B) Allows for expert testimony to be presented during the court case.
C) For exceptions to attorney-client privilege during a hearing.
D) The family to testify as witnesses during depositions and court cases.

Question 16

Personal jurisdiction refers to:

A) authority over parties involved.
B) authority over questions at issue.
C) locations where trials are conducted.
D) locations where trial parties reside.

Question 17

The person who initiates a lawsuit is the _____.

A) Attorney
B) Defendant
C) Plaintiff
D) Surrogate

Question 18

The authority by which courts and judicial officers may hear and decide a case is called _____.

A) authority
B) jurisdiction
C) mediation
D) sovereignty

Question 19

Which statement is true of a supreme court, except in New York State?

A) The supreme court is a court of last resort.
B) Any party dissatisfied with a decision may take their course to the supreme court.
C) The supreme court must hear any case requested.
D) Supreme court judges are nominated and confirmed by Congress.

Question 20

Diversity jurisdiction is specific to:

A) authority over the question at issue that resulted in a case.
B) citizens of different states as well as the federal courts.
C) general jurisdiction, which does not limit subject matter.
D) state citizens where amounts in controversy are over $75,000.

Question 21

Which is the name of the process used by the defendant (or plaintiff) to obtain facts and information about the case from the plaintiff (or defendant)?

A) appeal
B) discovery
C) legal process
D) trial

Question 22

The first step of every lawsuit is the pretrial conference.

Question 23

FRCP governs all forms of discovery performed in federal court, including seeking information that is stored electronically in any medium, which is called _____.

A) court order
B) e-discovery
C) metadata
D) subpoena duces tecum

Question 24

What term refers to the actions of a party who processes data to make efforts to prevent routine destructions and preserve electronically stored data?

A) court order
B) litigation hold
C) restraining order
D) subpoena duces tecum

Question 25

Satisfying the judgment is when the winning party is paid.

Question 26

An order of preservation results in _____.

A) Alteration of evidence
B) Failure to protect data
C) Preservation of electronic data
D) Wrongful destruction of data

Question 27

Spoliation of evidence occurs as a result of _____.

A) claims that had been injured by a defective product, which was discarded or lost
B) negative evidentiary inference that is irrelevant to an ongoing legal proceeding
C) unconsciousness of guilt or lack of motivation to prevent evidence from being used
D) wrongful destruction or alteration of evidence and/or failure to preserve data

Question 28

The three main types of jurisdiction involves _____ authority.

A) alternative dispute resolution, arbitration, and mediation
B) dualism, monolism, and pluralism
C) global, international, and universal
D) personal, subject matter, and territorial

Question 29

Which is the unseen information that is located in common text files, such as that which can indicate when the document was created?

A) data dictionary
B) data virtualization
C) hypermapping
D) metadata

Question 30

The written document that describes the grounds of jurisdiction, plaintiff's claim, and demand for relief is called the _____.

A) appeal
B) complaint
C) decision
D) interrogatory

Question 31

The person being sued is called the _____.

A) court clerk
B) defendant
C) judge
D) plaintiff

Question 32

The answer to a complaint that is made by the defendant is called the _____.

A) appeal
B) decision
C) interrogatory
D) written response

Question 33

A summons is a document to start a civil action and acquire jurisdiction over a defendant..

Question 34

In mediation, a neutral third party assist both sides of a dispute in resolving their differences and reducing their resolution in writing.

Question 35

Under which jurisdiction is the following categorized: most issues involving the regulation of trades and professions.

A) federal courts
B) state courts
C) special
D) supplemental

Question 36

When parties to a dispute come together to present evidence in court, the formal setting with authority to adjudicate claims or disputes is called a bench or jury _____.

A) appellate proceeding
B) hearing
C) trial
D) warrant

Question 37

Diversity jurisdiction includes is a form of subject-matter jurisdiction whereby US district courts (e.g., trial courts of general jurisdiction in the federal judiciary) have the power to hear a _____ case where the parties are "diverse" in citizenship, indicating that they are citizens of different states or non-U.S. citizens.

A) civil
B) contract
C) criminal
D) customs

Question 38

The stages through which a lawsuit passes is called the _____ process.

A) appeal
B) complaint
C) interrogatory
D) legal

Question 39

Which is a letter sent by an adversary in a court case that explains the need to preserve electronic evidence?

A) legal hold
B) notice of preservation
C) subpoena duces tecum
D) temporary court order