Deck 3: Courts and Jurisdiction

Question 1

The ________ hears cases brought against the United States.

A) U.S. Supreme Court
B) U.S. Tax Court
C) U.S. Court of Federal Claims
D) U.S. District Court

Answer 1

C

Question 2

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims,the Patent and Trademark Office,and the Court of International Trade.

A) U.S. District Court
B) Court of Appeals for the Federal Circuit
C) First Circuit Court
D) District of Columbia Circuit

Answer 2

B

Question 3

The parties must appear individually and cannot have lawyers represent them for lawsuits filed in the ________.

A) U.S. district courts
B) intermediate appellate courts
C) special federal courts
D) small claims courts

Answer 3

D

Question 4

Which of the following courts are the federal court system's trial courts of general jurisdiction?

A) U.S. district courts
B) U.S. Tax Courts
C) U.S. courts of appeals
D) U.S. courts of federal claims

Question 5

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

A) Courts of record
B) Intermediate appellate courts
C) Inferior trial courts
D) State supreme courts

Question 6

Most federal circuits of the federal appellate court system are determined based on ________.

A) the geographical area served by each court
B) whether the appeals come from state or federal courts
C) the amount of controversy in the appeal
D) the subject matter of the case being appealed

Question 7

________ are courts that hear matters of a specialized or limited nature.

A) General-jurisdiction trial courts
B) Inferior trial courts
C) Intermediate appellate courts
D) Chancery courts

Question 8

Which of the following is a function of the state supreme courts?

A) conducting trials related to misdemeanor criminal law
B) hearing appeals from intermediate appellate state courts and certain trial courts
C) conducting trials related to felonies and civil disputes
D) reviewing the judgments and records of the lower courts and ratifying them

Question 9

Which of the following statements is true about federal appellate court proceedings?

A) The appeals can come only from a U.S. district court.
B) The appeals can only come from state supreme courts.
C) Appeals are usually heard by a three-judge panel rather than by all the judges of the court.
D) New evidence can be introduced, so long as it relates to the evidence introduced in the original trial.

Question 10

Judges for federal courts are selected ________.

A) by election by the voters within the state where they preside
B) by the president, subject to confirmation by the Senate
C) by the U.S. Supreme Court justices
D) by the sitting federal judges within the same circuit

Question 11

The ________ established by Congress have limited jurisdiction.

A) state supreme courts
B) state appeals courts
C) special federal courts
D) courts of records

Question 12

Which of the following courts are considered as the federal court system's intermediate appellate courts?

A) U.S. Courts of Appeals for Veterans Claims
B) U.S. courts of appeals
C) U.S. district courts
D) U.S. courts of federal claims

Question 13

The United States Congress created the 13th court of appeals called the Court of Appeals for ________.

A) the District of Columbia
B) internal affairs
C) the Federal Circuit
D) Death Penalty Due Process

Question 14

In an appellate court,after a decision is rendered by the judges' panel,a petitioner can request a(n)________ review by the full appeals court.

A) en banc
B) in rem
C) in personam
D) quasi in rem

Question 15

The geographical area served by each U.S.court of appeals is referred to as a ________.

A) district
B) county
C) range
D) circuit

Question 16

A(n)________ hears appeals from trial courts.

A) small claims court
B) court of record
C) inferior trial court
D) intermediate appellate court

Question 17

Which of the following is a special federal court established by the United States Congress?

A) U.S. Court of Intrastate Commerce
B) U.S. Court of Equity
C) U.S. Court of Indian Affairs
D) U.S. Court of Appeals for the Armed Forces

Question 18

Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S.Supreme Court.

A) courts of appeals
B) courts of records
C) highest state courts
D) general-jurisdiction trial courts

Question 19

Why was the Court of Appeals for the Federal Circuit created?

A) It was created to exercise appellate jurisdiction over members of the armed services.
B) It was created to hear cases that involve federal tax laws.
C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.
D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

Question 20

Which of the following statements is true about intermediate appellate courts?

A) They hear new evidence and testimony that have come to light after the trial courts have made their decision.
B) They do not grant any oral hearings to the parties.
C) They have jurisdiction to hear cases of a limited or specialized nature.
D) They review either pertinent parts or the whole trial court record from the lower court.

Question 21

While dealing with lawsuits regarding the diversity of citizenship,federal courts should ________.

A) ensure that the dollar amount of the controversy is limited to the value of $75,000
B) ensure that the plaintiff does not transfer the case to a state court
C) ensure that the defendant does not transfer the case to a state court
D) ensure the application of the relevant state law in deciding the case

Question 22

________ refer to cases arising under the U.S.Constitution,treaties,or federal statutes and regulations.

A) Federal question cases
B) Diversity of citizenship cases
C) Federal crimes cases
D) Copyrights and trademarks cases

Question 23

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a ________ opinion that sets forth his or her reasons for deciding the case.

A) concurring
B) dissenting
C) unanimous
D) plurality

Question 24

Which of the following courts was created by Article III of the U.S.Constitution?

A) U.S. Supreme Court
B) U.S. Tax Court
C) U.S. Court of Appeals
D) U.S. Court of Federal Claims

Question 25

If the U.S.Supreme court reaches a tie decision,________.

A) the lower court decision in the case is overturned
B) the lower court decision in the case is affirmed
C) the case will be returned to the Circuit Court of Appeals to reconsider the case in light of the tie decision by the Supreme Court
D) the decision will be held in abeyance until one of the justices decides to change his or her mind

Question 26

Which of the following similarities is observed between tie and plurality decisions reached by the U.S.Supreme Court?

A) the decisions can be appealed against in the U.S. courts of appeals
B) the decisions do not set precedent for later cases
C) the decision of the lower court is affirmed
D) new evidence and testimony is heard before reaching decisions

Question 27

In the U.S.Supreme Court,if all the justices voting agree as to the outcome and reasoning used to decide a case,it is considered a ________ decision.

A) tie
B) plurality
C) majority
D) unanimous

Question 28

Which of the following is true about a plurality decision of the Supreme Court?

A) It settles the case but does not set the precedent for later cases.
B) It affirms the decision of the lower court.
C) It settles the case and sets the precedent for later cases.
D) It causes the case to be reviewed again at a later date.

Question 29

Which of the following statements is true about a majority decision reached by the U.S.Supreme Court?

A) All the judges agree as to the outcome and reasoning used to decide a case.
B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case.
C) A majority of the justices agree as to the outcome and reasoning used to decide a case.
D) An equal number of judges vote for and against the petitioner and case remains undecided.

Question 30

How are the justices of the U.S.Supreme Court appointed?

A) They are nominated by the President and confirmed by the Senate.
B) They are directly appointed by the President of the United States.
C) They are nominated and confirmed by the Chief Justice of the Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the Chief Justice.

Question 31

A(n)________ must be filed asking the Supreme Court to hear the case.

A) petition for certiorari
B) en banc review
C) quasi in rem review
D) petition for mercy

Question 32

A justice who does not agree with a decision can file a ________ opinion that sets forth the reasons for his or her lack of agreement.

A) unanimous
B) plurality
C) concurring
D) dissenting

Question 33

Mary has already won her case at the U.S.Court of Appeals.When the case is reviewed by the Supreme Court,only eight judges are present.Four of the judges vote for Mary while the other four vote against her.Which of the following will be the result of this case?

A) The case will be sent to the U.S. Court of Appeals for a review.
B) Mary will win the case as she had already won at the U.S. Court of Appeals.
C) The case will be reviewed again by the U.S. Supreme Court when all the judges are present.
D) Mary will lose and the case will set a precedent for later cases.

Question 34

Which of the following U.S.Supreme Court decisions creates precedent for future cases?

A) plurality decisions
B) majority decisions
C) tie decisions
D) concurring decisions

Question 35

Sue,a resident of the state of New York,is visiting her aunt in Iowa.While there,her car is hit by a drunk driver named Jerry,a resident of the state of Iowa.Sue is injured in the accident.Which of the following actions is Sue allowed to take?

A) Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000.
B) Sue can file a case against Jerry in the New York state court as she is a resident of that state.
C) Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law.
D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

Question 36

In the U.S.Supreme Court,if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome,it is a ________ decision.

A) unanimous
B) majority
C) plurality
D) tie

Question 37

________ refers to an official notice that the Supreme Court will review a case.

A) Writ of certiorari
B) Stare decisis
C) En banc review
D) Sua sponte

Question 38

The U.S.Supreme Court is composed of ________ justices.

A) nine
B) six
C) ten
D) three

Question 39

Which of the following statements is true of the U.S.Supreme Court?

A) The U.S. Supreme Court's decisions are appealable.
B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals.
C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
D) The U.S. Supreme Court does not grant any oral hearings to the parties.

Question 40

Federal courts have ________ jurisdiction to hear cases involving a federal question or diversity of citizenship.

A) exclusive
B) limited
C) in rem
D) quasi in rem

Question 41

Donald,who is a resident of Louisiana,is robbed in Oklahoma County,Oklahoma.The robber,who is a resident of the state of Texas,is soon apprehended.Which of the following is the proper venue to hear this case?

A) state court in Louisiana because the plaintiff is from Louisiana
B) state court in Texas because the defendant is from Texas
C) Oklahoma federal court because the robber has committed a federal crime
D) Oklahoma County Court because it is nearest in location to the scene of the crime

Question 42

________ refers to a court's jurisdiction over the parties to a lawsuit.

A) In rem jurisdiction
B) Quasi in rem jurisdiction
C) In personam jurisdiction
D) Sua sponte

Question 43

________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.

A) Choice of law clause
B) Forum-shopping
C) Arbitration clause
D) Due process of law clause

Question 44

Why do courts need to accomplish a service of process?

A) to obtain personal jurisdiction over the plaintiff in a lawsuit
B) to obtain personal jurisdiction over the defendant in a lawsuit
C) to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit
D) to obtain jurisdiction over nonresidents who were not served summons within the state

Question 45

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

A) No-contest clause
B) Choice of law clause
C) Forum-selection clause
D) Arbitration clause

Question 46

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

A) In rem jurisdiction
B) Quasi in rem jurisdiction
C) Private jurisdiction
D) In personam jurisdiction

Question 47

________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

A) Jurisdiction
B) Venue
C) Circuit
D) Stare decisis

Question 48

The exercise of long-arm jurisdiction is generally permitted over nonresidents who have ________.

A) requested for a change of venue so that a more impartial jury can be found
B) raised hypothetical questions and filed trivial lawsuits in the court of law
C) made a special appearance in that court to argue against imposition of jurisdiction
D) transacted other business in the state that allegedly caused injury to another person

Question 49

The concept of concurrent jurisdiction refers to ________.

A) cases where an appeal is heard by the same court that tried the case
B) cases that can be heard in either a state or a federal court
C) separate legal actions that arise out of a common set of facts and circumstances
D) criminal cases in which the same court determines guilt and also decides the penalty

Question 50

________ refers to the process of looking for a favorable court without a valid reason.

A) Forum shopping
B) Accommodation
C) Concurrent selection
D) Forum advancement

Question 51

Jeremy crashes his friend John's car because he is an incompetent driver.Emily,John's sister,is outraged and wants John to sue his friend.John refuses to file a case against his long-time friend.Which of the following is Emily allowed to do in this situation?

A) She can sue Jeremy on John's behalf, as she has standing to sue.
B) She can sue Jeremy, provided that John gives his consent.
C) She can file a case in the state court where she will have standing to sue.
D) She cannot sue Jeremy as she has no stake in the outcome of the case.

Question 52

________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

A) In rem jurisdiction
B) In personam jurisdiction
C) Private jurisdiction
D) Quasi in rem jurisdiction

Question 53

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

A) The Arkansas state court will hear this case as it has in personam jurisdiction over George.
B) The Arkansas state court has in rem jurisdiction to hear this case.
C) The Oklahoma state court has in rem jurisdiction to hear this case.
D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

Question 54

________ statutes extend a state's jurisdiction to nonresidents who are not served a summons within the state.

A) Long-arm
B) Concurrent jurisdiction
C) Forum-selection
D) Exclusive jurisdiction

Question 55

In which of the following cases do federal courts have exclusive jurisdiction?

A) cases involving sales and lease contracts
B) federal question cases
C) suits against the United States
D) diversity of citizenship cases

Question 56

In which of the following cases do federal and state courts have concurrent jurisdiction?

A) bankruptcy cases
B) diversity of citizenship cases
C) antitrust cases
D) patents cases

Question 57

Quasi in rem jurisdiction is also known as ________ jurisdiction.

A) attachment
B) concealment
C) in personam
D) detachment

Question 58

Altonvista,Inc.,a company based in California,is sued by a plaintiff from the state of Texas.Which of the following statements would apply to this situation?

A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction.
B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court.
C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court.
D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.

Question 59

Jill wins a lawsuit against Terry in the Wyoming state court.The court passes a judgment for Terry to pay $20,000 to Jill.Immediately after the case is settled,Terry moves to Colorado,where she owns a house,and refuses to pay Jill the money.Which of the following is the best course of action for Jill?

A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment
B) file another case against Terry in the Wyoming state court to collect the money against Terry's property
C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money
D) file a case in the Colorado federal court as this qualifies as a federal question case

Question 60

A motion for a change of venue would typically be granted where ________.

A) a court does not have personal jurisdiction over the plaintiff
B) selection of an impartial jury would be unlikely at the original venue location
C) the party losing a case would like a retrial in another location
D) a court does not have subject matter jurisdiction

Question 61

The geographical area served by each court is referred to as a district.

Question 62

In the event of a tie decision between the Supreme Court justices,the lower court decision is kept pending.

Question 63

The testimony and evidence at trial are recorded and stored for future reference in a general-jurisdiction trial court.

Question 64

If the plaintiff brings a diversity of citizenship case in state court,it will remain there and the defendant cannot remove the case to federal court.

Question 65

The first 12 circuits in the federal court system are geographical.

Question 66

Many states have created small claims courts to hear civil cases involving small dollar amounts.

Question 67

State courts have exclusive jurisdiction to hear cases involving patent and copyright cases.

Question 68

The U.S.courts of appeals hear appeals from the district courts located in its circuit,as well as from certain special courts and federal administrative agencies.

Question 69

The original reason for providing diversity of citizenship jurisdiction to federal courts was to prevent state court bias against nonresidents.

Question 70

For the federal courts to hear lawsuits involving the diversity of citizenship,the dollar amount of the controversy must not exceed the sum or value of $75,000.

Question 71

Plurality decisions by Supreme Court justices are precedent for later cases.

Question 72

Under the diversity of citizenship,a corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business.

Question 73

Judges of the special federal courts are appointed for a life term by the president of the United States.

Question 74

In sparsely populated states that do not have an intermediate appellate court,trial court decisions can be appealed directly to the state's highest court.

Question 75

The 12th circuit court,located in Washington DC,is called the District of Columbia circuit.

Question 76

There is no dollar-amount limit on federal question cases that can be brought in federal court.

Question 77

Limited-jurisdiction trial courts hear cases such as felonies or civil cases involving more than a certain dollar amount.

Question 78

Decisions of highest state courts are final and no further appeals can be made to any other court even if it involves a question of law.

Question 79

Because the Supreme Court issues only about 100 opinions each year,writs are usually granted only in cases involving constitutional and other important issues.

Question 80

The president appoints two chief justices to the U.S.Supreme Court,who are responsible for the administration of the Court.