Deck 6: The Court System and Alternative Dispute Resolution

Question 1

"Jurisdiction" is literally translated as

A) "the power to speak the law."
B) "the right to speak."
C) "the right to decide."
D) "the right to be heard."

Answer 1

A

Question 2

There is/are court system(s) in the American system.

A) fifty
B) fifty-one
C) fifty-two
D) one

Answer 2

C

Question 3

The authority of a court to hear and decide a specific action or case is known as

A) diversity-of-citizenship jurisdiction.
B) federal-question jurisdiction.
C) jurisdiction.
D) venue.

Answer 3

C

Question 4

is the requirement that an individual must have a sufficient stake in a controversy to justify bringing a lawsuit; in other words, the plaintiff must demonstrate injury or threat of injury.

A) Jurisdiction
B) Venue
C) Standing to sue
D) Justiciable controversy

Question 5

Olivia's mother notices that the doll her daughter is playing with has extremely sharp stiletto high heels. She tries to sue the doll manufacturer because her daughter might be injured in the future by the high heels. She cannot do this because she does not have a

A) substantial controversy.
B) justiciable controversy.
C) reason to sue.
D) None of these choices is correct.

Question 6

A child's parent has standing to sue if his or her child is injured by a defectively manufactured toy because

A) the child is a blood relative.
B) the child is a minor.
C) the parent loves the child
D) None of these choices is correct.

Question 7

Having standing to sue means that a party

A) has sufficient stake in a matter to justify seeking relief through the court system.
B) is financially capable of bringing a matter to trial.
C) is not legally responsible for his or her actions.
D) None of these choices is correct.

Question 8

A controversy that is real and substantial, as opposed to hypothetical or academic, is called a controversy.

A) justiciable
B) final
C) real
D) substantial

Question 9

A controversy that is real and substantial, as opposed to hypothetical or academic, is known as

A) jurisdiction.
B) venue.
C) standing to sue.
D) a justiciable controversy.

Question 10

Before a lawsuit can be brought, which of the following requirements must be met?

A) Standing to sue
B) Personal jurisdiction
C) Justiciable controversy
D) Subject-matter jurisdiction
E) All of these choices are correct.

Question 11

Which of the following people would have standing to sue in the case of a child being injured by a defective toy?

A) The child's best friend
B) The child's teacher
C) The child's mother
D) All of these choices are correct.

Question 12

Which of the following does not have a court system?

A) Each of the fifty states
B) The District of Columbia
C) The federal system
D) None of these choices is correct.

Question 13

Before any court can hear a case, it must have over the person against whom the suit is brought or over the property involved in the suit as well as over the subject matter.

A) stare decisis
B) standing to sue
C) jurisdiction
D) justiciable controversy

Question 14

"The power to speak the law" is the literal meaning of the term

A) stare decisis.
B) standing to sue.
C) jurisdiction.
D) justiciable controversy.

Question 15

A court system is a feature of which of the following?

A) Each of the fifty states
B) The District of Columbia
C) The federal system
D) All of these choices are correct.

Question 16

Which of the following is American law based on?

A) Case decisions and legal principles that form the common law
B) The federal Constitution
C) State constitutions
D) All of these choices are correct.

Question 17

"Jurisdiction over the thing" is known as which of the following?

A) In personam jurisdiction
B) In rem jurisdiction
C) Subject-matter jurisdiction
D) Original and appellate jurisdiction

Question 18

Many parties are now using alternative methods of dispute resolution outside the courts for which of the following reasons?

A) Court trials have high money and time costs.
B) Court trials are becoming increasingly hard to get.
C) Many parties think they will have a better chance of getting what they want.
D) All of these choices are correct.

Question 19

Megan is injured in a car accident when her brakes fail. Her friend MaryElise is very upset and decides to sue the car manufacturer. MaryElise cannot do this because she does not have

A) standing to sue.
B) a moral obligation to Megan.
C) right of suit.
D) jurisdiction.

Question 20

A state's highest court has jurisdictional authority over

A) all residents within the state.
B) residents of all bordering states.
C) residents in all counties with more than 5,000 people.
D) all residents within the state and residents of all bordering states.

Question 21

Which of the following is true of in personam jurisdiction?

A) A court may generally exercise personal jurisdiction over residents within its geographic area.
B) A court may exercise jurisdiction over property that is located within its boundaries.
C) With use of a long-arm statute, a court can exercise personal jurisdiction over nonresidents.
D) A court may be limited in the types of cases it can hear.
E) A court may generally exercise personal jurisdiction over residents within its geographic area and using a long arm-statute, and a court can exercise personal jurisdiction over nonresidents only.

Question 22

Federal courts can hear cases that pertain to the U.S. Constitution, acts of Congress, or treaties, based on

A) exclusive jurisdiction.
B) federal-question jurisdiction.
C) a diversity-of-citizenship question.
D) concurrent jurisdiction.

Question 23

A court in which most cases begin and in which questions of fact are examined is called a(n) court.

A) bankruptcy
B) trial
C) appellate
D) probate

Question 24

A court that may only hear cases on certain subject matter is called a court of jurisdiction.

A) original
B) appellate
C) limited
D) general

Question 25

Which of the following is true of in rem jurisdiction?

A) It allows courts to exercise jurisdiction over residents of its geographic area.
B) It allows courts to exercise jurisdiction over property that is located within its boundaries.
C) It is a limitation on the types of cases a court can hear.
D) By using a long-arm statute, a court can exercise personal jurisdiction over nonresidents.

Question 26

A court having jurisdiction over proceedings concerning the settlement of a deceased person's estate is called a(n) court.

A) bankruptcy
B) trial
C) probate
D) appellate

Question 27

A state trial court that can hear a variety of different matters, from civil lawsuits to criminal actions, is called a court of jurisdiction.

A) concurrent
B) exclusive
C) limited
D) general

Question 28

Which of the following is true regarding subject-matter jurisdiction?

A) It allows a court to exercise personal jurisdiction over residents of a certain geographic area.
B) It allows a court to exercise jurisdiction over property that is located within its boundaries.
C) It is a limitation on the types of cases a court can hear.
D) With the use of a long-arm statute, it allows a court to exercise personal jurisdiction over nonresidents.

Question 29

The distinction between courts of original jurisdiction and courts of appellate jurisdiction normally lies in which of the following?

A) Whether the case is criminal or not
B) Whether the case is being heard for the first time or not
C) Whether there are more than two parties involved in the case
D) Whether the parties involved in the case are residents of the same state

Question 30

In rem jurisdiction means

A) "jurisdiction over the thing."
B) "jurisdiction in law."
C) "to speak the law."
D) "jurisdiction of subject."

Question 31

Article III of the Constitution

A) establishes the boundaries of federal judicial power.
B) gives unlimited power to the federal courts.
C) gives the state supreme courts authority over federal courts.
D) None of these choices is correct.

Question 32

Which Article of the Constitution establishes the boundaries of federal judicial power?

A) Article I
B) Article II
C) Article IV
D) None of these choices is correct.

Question 33

Attorney Rock files an auto negligence case in the county circuit court. All of the parties are residents of the same state, and the trial will take place before the county court. What type of jurisdiction does the county court have?

A) In rem jurisdiction
B) Diversity jurisdiction
C) Appellate jurisdiction
D) Original jurisdiction

Question 34

Which Article of the Constitution establishes the boundaries of federal judicial power?

A) Article I
B) Article II
C) Article III
D) Article V

Question 35

When Great-Aunt Wilma passes away, there is a controversy over the transfer of her assets and debts. The court that hears this case is a(n) court.

A) appellate
B) estate
C) probate
D) trial

Question 36

A Wisconsin bank wants to foreclose on a vacation home located in Petosky, Michigan. The vacation home is owned by a resident of Chicago, Illinois. In this situation, a foreclosure action could be brought in the Michigan state court on the basis of the court's jurisdiction.

A) in personam
B) in rem
C) subject-matter
D) concurrent

Question 37

A probate court has jurisdiction over

A) proceedings concerning the settlement of a deceased person's estate.
B) divorce cases.
C) proceedings concerning child custody.
D) All of these choices are correct.

Question 38

In the federal court system, the courts are trial courts.

A) local
B) district
C) bankruptcy
D) case

Question 39

Whenever a plaintiff's cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law, then a(n) question arises, and the federal courts have subject- matter jurisdiction.

A) stare decisis
B) legal
C) federal
D) appellate

Question 40

A bankruptcy court can

A) only handle proceedings governed by bankruptcy law.
B) handle proceedings governed by any kind of civil law.
C) handle any type of proceedings.
D) only handle proceedings governed by criminal law.

Question 41

jurisdiction provides a basis for a federal district court to hear a lawsuit between citizens of different states.

A) Concurrent
B) Federal-question
C) Exclusive
D) Diversity

Question 42

Which of the following is not important when deciding whether a case should be filed in state or federal court?

A) The likelihood of winning in each court
B) The costs and procedural rules involved in filing in each court
C) The length of time it will take each court to decide the case
D) None of these choices is correct.

Question 43

In a case based on diversity of citizenship, a federal court will apply law.

A) state
B) federal
C) common
D) appellate

Question 44

Diversity-of-citizenship cases filed in the federal district court may arise between

A) citizens of foreign countries.
B) a state and the federal government.
C) citizens of different states.
D) one state against another state.

Question 45

States do not have exclusive jurisdiction in which of the following subject matters?

A) Divorce
B) Adoptions
C) Bankruptcy
D) Divorce and adoptions
E) Divorce and bankruptcy

Question 46

In diversity-of-citizenship cases, the amount in controversy must be

A) at least $10,000.
B) more than $75,000.
C) less than $50,000.
D) more than $1 million.

Question 47

Federal courts do not have exclusive jurisdiction in which of the following subject matters?

A) Copyrights
B) Suits against the United States
C) Bankruptcy
D) Divorce

Question 48

Jurisdiction that exists when a case can be heard only in a particular court is called jurisdiction.

A) exclusive
B) original
C) concurrent
D) appellate

Question 49

Which type of jurisdiction exists when two different courts have the power to hear the same case, as when a case can be heard in either a federal or state court?

A) Exclusive jurisdiction
B) Original jurisdiction
C) Appellate jurisdiction
D) Concurrent jurisdiction

Question 50

Cases involving diversity of citizenship may arise between

A) citizens of different states.
B) a foreign country and citizens of a state.
C) citizens of a state and citizens of a foreign country.
D) All of these choices are correct.

Question 51

Cases involving may arise between citizens of different states.

A) diversity of citizenship
B) federal questions
C) diversity of ethnicity
D) All of these choices are correct.

Question 52

States have exclusive jurisdiction in which of the following subject matters?

A) Divorce
B) Adoptions
C) Bankruptcy
D) Divorce and adoptions
E) Divorce and bankruptcy

Question 53

Federal courts have exclusive jurisdiction in which of the following subject matters?

A) Copyrights
B) Adoptions
C) Bankruptcy
D) Copyrights and bankruptcy
E) Adoptions and bankruptcy

Question 54

Tim Martin wants to bring a patent-infringement lawsuit against the Widget Manufacturing Company. The only court that can hear patent infringement cases is the federal district court because

A) federal and state courts have concurrent jurisdiction.
B) federal district courts have limited jurisdiction over patent and copyright cases.
C) federal district courts have exclusive jurisdiction over patent and copyright infringement cases.
D) the federal district courts are courts of original jurisdiction.

Question 55

When deciding whether a case should be filed in state or federal court, one should evaluate the

A) likelihood of winning in each court.
B) costs and procedural rules involved in filing in each court.
C) length of time it will take each court to decide the case.
D) jury pool available for each court.
E) All of these choices are correct.

Question 56

A federal court would have diversity jurisdiction in which of the following cases?

A) A Michigan resident sues an auto company (a Michigan corporation) for product liability resulting from an auto accident.
B) A California resident sues another California resident for negligence as a result of slipping and falling in the home of the second California resident.
C) An employee sues an employer for sexual harassment under

Question 57

Federal courts have exclusive jurisdiction in which of the following subject matters?

A) Divorce
B) Adoptions
C) Bankruptcy
D) Divorce and bankruptcy
E) Adoptions and bankruptcy

Question 58

Federal courts have exclusive jurisdiction in which of the following subject matters?

A) Copyrights
B) Suits against the United States
C) Bankruptcy
D) All of these choices are correct.

Question 59

Federal courts do not have exclusive jurisdiction in which of the following subject matters?

A) Copyrights
B) Suits against the United States
C) Bankruptcy
D) Adoptions

Question 60

In a case based on a federal question, a federal court will apply law.

A) state
B) federal
C) common
D) appellate

Question 61

The trial court on the federal level is called the

A) circuit court.
B) district court.
C) Supreme Court.
D) Superior Court.

Question 62

Courts with limited subject-matter jurisdiction are often called

A) minor courts.
B) inferior trial courts.
C) little courts.
D) minor courts or inferior trial courts.

Question 63

Which of the following statements is true regarding state systems of courts?

A) Judges in the state court system are never appointed.
B) Judges in the state court system are sometimes elected by voters.
C) Judges in the state court system are always appointed by a federal official.
D) None of these choices is correct.

Question 64

The federal court system consists of which of the following courts?

A) The Superior Court
B) The district court
C) The court of appeals
D) The Supreme Court
E) The district court, court of appeals, and Supreme Court

Question 65

Which of the following statements is false regarding state systems of courts?

A) Judges in the state court system are sometimes appointed.
B) Judges in the state court system are sometimes elected by voters.
C) Judges in the state court system are never elected by voters.
D) None of these choices is correct.

Question 66

Types of Internet business contact include which of the following?

A) Substantial business conducted over the Internet
B) Some interactivity through a website
C) Passive advertising
D) All of these choices are correct.

Question 67

The function of a trial court is to

A) have a judge or jury determine the outcome of factual disputes.
B) have attorneys for each side introduce evidence and present witnesses.
C) allow the attorneys to cross-examine the opposing party and challenge evidence introduced by that party.
D) All of these choices are correct.

Question 68

Examples of courts of limited jurisdiction include which of the following?

A) Small claims court
B) Domestic relations court
C) Municipal court
D) All of these choices are correct.

Question 69

Court deadlines are rules.

A) hard
B) flexible
C) optional
D) soft

Question 70

The concept of venue reflects the policy that

A) an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
B) a controversy is real and substantial as opposed to hypothetical or academic.
C) the court must have authority before it can take a case, try it, and decide it.
D) a lawsuit should be tried in the geographic area in which the parties involved in the lawsuit reside or in which the incident leading to the lawsuit occurred.

Question 71

Which of the following is not handled by a domestic relations court?

A) Divorce actions
B) Child-custody cases
C) Paternity suits
D) Administration of wills

Question 72

The geographic district or location in which a case is tried and from which the jury is selected is called

A) jurisdiction.
B) original jurisdiction.
C) venue.
D) None of these choices is correct.

Question 73

Courts are developing a sliding-scale standard to determine when the exercise of jurisdiction over an out-of-state party based on is proper.

A) property within the state
B) Internet business contacts
C) subject matter
D) place of residence

Question 74

Which of the following statements is true regarding state systems of courts?

A) All states have the same court system.
B) No two state court systems are the same.
C) All the states east of the Mississippi River have the same court system.
D) None of these choices is correct.

Question 75

How does the Internet affect jurisdiction issues?

A) The Internet has no effect on jurisdiction issues.
B) The Internet makes it easier to resolve jurisdiction issues.
C) The Internet makes jurisdiction issues more complicated.
D) None of these choices is correct.

Question 76

Which of the following is not an example of a court of limited jurisdiction?

A) Small claims court
B) Domestic relations court
C) Municipal court
D) None of these choices is correct.

Question 77

Which of the following is not an example of a court of limited jurisdiction?

A) Small claims court
B) Domestic relations court
C) Municipal court
D) Supreme court

Question 78

Which of the following is important when deciding whether a case should be filed in state or federal court?

A) The likelihood of winning in each court
B) The costs and procedural rules involved in filing in each court
C) The length of time it will take each court to decide the case
D) All of these choices are correct.

Question 79

A change of venue may be required for a trial if the

A) the judge moves to a new state during the trial.
B) the defendant cannot receive a fair trial in the original location.
C) the plaintiff wishes to move to a more favorable state.
D) All of these choices are correct.

Question 80

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

A) They have trial courts of limited jurisdiction.
B) They have trial courts of general jurisdiction.
C) They have intermediate appellate courts.
D) They have a highest state court-often called the state supreme court.
E) All of these choices are correct.