Deck 3: The Court System

Question 1

The burden of proof in a civil case rests on the defendant/respondent.

Answer 1

False

Question 2

In a criminal case, the burden of proof is on the government and it must prove the case beyond a reasonable doubt

Answer 2

True

Question 3

Diversity of citizenship jurisdiction applies only if one of the parties is a citizen of another country and does not apply if the parties are from different states.

Answer 3

False

Question 4

Most state court systems have only trial courts. Appeals from state courts go directly to the federal appellate courts.​

Question 5

A deposition is a type of pretrial discovery device available only to the defendant in a civil case.

Question 6

Appellate courts decide questions of law, and do not ordinarily decide questions of fact.

Question 7

Disputes between parties transacting business over the Internet are subject to special tests regarding the existence of jurisdiction.

Question 8

Discovery includes the use of a group of formal methods to learn facts about a dispute before trial.

Question 9

The mere presence on the World Wide Web establishes the minimum contacts necessary to subject a corporation to personal jurisdiction on a worldwide basis.

Question 10

Exclusive jurisdiction occurs when only one court system has the power to hear a case.

Question 11

A civil jury is instructed, among other things, to decide the facts in a dispute.

Question 12

In a criminal case, discovery for the prosecution is limited because of the defendant's privilege against self-incrimination.

Question 13

A jury trial is usually available in cases involving equity claims.​

Question 14

In a civil suit, the plaintiff is not allowed to waive his or her right to a jury trial.

Question 15

In small-claims court, legal documents are minimized and the rules of evidence relaxed.

Question 16

In a civil case, the plaintiff has the burden of proving the case beyond a reasonable doubt.

Question 17

Most civil cases are conducted in courts which are open to public observation.

Question 18

A bankruptcy matter can be heard in either a federal or state court.

Question 19

One example of a long-arm statute is diversity jurisdiction.

Question 20

The questioning of prospective jurors to determine their impartiality is called interrogation .

Question 21

In personam jurisdiction means jurisdiction over the person.

Question 22

One example of a long-arm statute providing a basis for jurisdiction would be a claim involving an automobile accident purportedly caused by North Dakota driver who was careless and injured another while driving in New York.

Question 23

Concurrent jurisdiction occurs when both a federal court and a state court have the power to hear a case.

Question 24

The local place, within the geographical boundaries of a larger jurisdiction, is where a case is generally most appropriately tried.

Question 25

A trial de novo is an appeal for the highest court in the state.

Question 26

If a defendant in a civil case ignores a complaint, the plaintiff can then file a cross-complaint.

Question 27

The burden of proof in criminal civil case rests on the Prosecution and the preponderance of the evidence.

Question 28

An answer is a responsive pleading.

Question 29

A suit demanding money damages is a matter of equity.

Question 30

An appellate court conducts the initial proceedings in a legal dispute.

Question 31

Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action she would need

A)in rem jurisdiction over Brian.
B)in personam jurisdiction over Brian.
C)precedent jurisdiction over Brian.
D)concurrent jurisdiction over Brian.

Question 32

If a defendant in a civil case ignores a complaint, the plaintiff may be entitled to a default judgment.

Question 33

The post trial collection process from a judgment debtor is called default judgment.

Question 34

In small-claims court, attorneys cannot represent other litigants but they can represent themselves or corporations if they are the sole shareholder.

Question 35

Trials in ancient Greece were conducted before a jury of 5 elected jurors.

Question 36

The U.S. Constitution requires that juries in serious criminal cases in state courts be composed of 12 persons.

Question 37

Government agencies may not use civil courts to sue a private citizen.

Question 38

A complaint is a responsive pleading.

Question 39

Each state has its own court system.

Question 40

Judges in courts of equity can apply equitable maxims-which are propositions or statements that provide a guide to a judge's exercise of his or her discretion.

Question 41

In a civil trial, the burden of proof is usually

A)higher than in a criminal trial because of relaxed evidence rules.
B)less than in a criminal trial unless in federal court.
C)unimportant compared to the need for privacy.
D)a preponderance of the evidence.

Question 42

Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister, the victim of the alleged crime, sues Fred in civil court to recover damages for civil conversion. The tort claim involves the same act for which Fred was found innocent in the criminal court. Which of the statements below is false ?

A)Although such suits may be brought, plaintiffs seldom do so because criminal defendants are often judgment proof.
B)The civil court filing must be dismissed because of the constitutional right against double jeopardy.
C)Fred could also be sued if he had been found guilty.
D)The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial.

Question 43

Acting in pro se is

A)refusing to pay an attorney the agreed-upon proper fee.
B)representing one's self in a court proceeding.
C)a Latin phrase meaning "fiduciary responsibility."
D)presenting a case without using persons as witnesses.

Question 44

Which of the following is not a response by a defendant to a plaintiff's initial pleading?

A)complaint
B)answer
C)demurrer
D)motion to dismiss

Question 45

Which of the following is an equitable remedy available in a civil proceeding?

A)money damages
B)a fine
C)a jail or prison sentence
D)an injunction

Question 46

A person in the business of formally delivering legal documents to litigants is known as

A)a court reporter.
B)a marshal.
C)a process server.
D)an attaché.

Question 47

Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?

A)The burden of proof required is preponderance of the evidence.
B)The district attorney can make an accusation.
C)The burden of proof required is beyond a reasonable doubt.
D)A unanimous verdict is always required.

Question 48

Alice is a possible juror in a trial of Carla for the crime of robbery. Alice is questioned as to her knowledge of the defendant and about her general notions of the guilt or innocence of persons accused of crimes. Which of the following motions by Carla's attorney is the best example of one that is both legally correct and tactically appropriate?

A)After Alice states she believes that police never make mistakes, Carla's attorney makes a peremptory challenge to excuse Alice from the jury.
B)After Alice states she believes that police never make mistakes, Carla's attorney makes a challenge for cause to excuse Alice from the jury.
C)After Alice states she is very excited to be selected to serve on a jury, Carla's attorney makes a challenge for cause to excuse Alice from the jury.
D)After Alice states she believes a person is innocent until proven guilty, Carla's attorney makes a peremptory challenge to excuse Alice from the jury.

Question 49

A discovery tool that is useful to probe the merits of the opponent's case consisting of written questions is called a:

A)interrogatory.
B)demurrer
C)summons.
D)deposition

Question 50

One of the major attractions of the typical small-claims court is that

A)cases claiming up to $50,000 in damages can be brought in the court.
B)business firms cannot sue in small-claims court.
C)the proceedings are more informal, and hence more understandable, than typical court proceedings.
D)equitable maxims determine the outcome of the trial.

Question 51

A court order directing a sheriff to confiscate a judgment debtor's property and to apply the property or the proceeds of a sale of the property to pay the debt is called a

A)civil complaint.
B)writ of execution.
C)writ of attachment.
D)summons.

Question 52

Carla filed a lawsuit against her neighbor Brenda for damages related to a breach of contract. The trial began but ended when Carla made a motion for a summary judgment and the judge granted it. Brenda appealed and the Supreme Court of Tennessee has remanded the case back to the trial court. At this point in the proceedings we know that

A)Carla has won because her success at the trial court.
B)Brenda has won because of the remand.
C)Neither party won the case because a remand is a dismissal to criminal court.
D)We do not know who wins at this point because the case has been returned to the trail court for further action.

Question 53

The questioning of potential jurors before selection to a particular jury is called

A)certiorari .
B)a deposition.
C)interrogatories.
D)voir dire .

Question 54

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

A)jury voir dire .
B)jury discovery.
C)jury nullification
D)the Farmoné rule.

Question 55

Which of the following is not a civil case in equity?

A)an action for dissolution of a marriage
B)an action requesting the court to require compliance with the terms of a contract
C)an action to recover money for breach of an apartment lease contract
D)an action to bar a person from continuing to wrongfully hunt on your private property

Question 56

Which of the following is characteristic of a civil trial?

A)The process is begun by filing a complaint.
B)The burden of proof required is beyond a reasonable doubt and moral certainty.
C)In order to win, a plaintiff must obtain a unanimous jury verdict of twelve.
D)The moving party is a district attorney.

Question 57

A judge in a civil case could overturn a verdict of a jury in response to a motion

A)to dismiss.
B)for stare decisis.
C)for judgment on the pleadings.
D)for a judgment notwithstanding the verdict.

Question 58

A defendant who is currently unable to pay her or his debts is often referred to as

A)judgment proof.
B)res ipsa loquitur.
C)cross-complainant.
D)incapacitated.

Question 59

Which of the following is a typical expense of civil litigation?

A)discovery costs
B)expert witness fees
C)court costs
D)all of the above

Question 60

Walter sues Jaime because Jaime failed to show up at the soccer game. In response to Walter's complaint Jaime files a demurrer. This pleading means that Jaime

A)attended the soccer game.
B)does not understand what Walter is suing for and is seeking clarification from the court.
C)is saying that Walter selected the wrong court and Jaime is seeking to change venue.
D)claims that even if the facts are all true, Walter has no legal injury that the law will compensate.

Question 61

Carlos carelessly ran a red light, and struck Cantwell, a pedestrian, all in full view of several bystanders. When Cantwell sued Carlos for damages, all the witnesses testified that Carlos did indeed run the light. Nevertheless, the jury found Carlos had met his duty of care and therefore was not liable for the injuries. The judge, however, responding to a motion from Cantwell's attorney, found Carlos negligent and liable on the basis of the overwhelming evidence presented at trial. Which of the following statements best describes the judge's action?

A)This is illegal, as it would be double jeopardy.
B)This was improper, because the judge cannot overrule a jury.
C)This is proper and is called voir dire .
D)The judge has the power to grant the motion and it is called a judgment n.o.v.

Question 62

Before a court can exercise valid authority over a civil case brought before it​

A)the defendant must expressly consent to be sued.
B)the court must have jurisdiction.
C)there must be discovery.
D)there must be a pretrial hearing.

Question 63

Members of the federal judiciary are​

A)elected to office for life by the state senates.
B)chosen by the respective state legislator for life.
C)required to retire at age 70.
D)appointed by the president and confirmed by the U.S. Senate for a life term or until retirement.

Question 64

In a criminal case discovery is more limited than in a civil case because of the

A)privilege against discovery.
B)attorney-client privilege.
C)privilege against self-incrimination.
D)greater difficulty in determining facts in criminal cases.

Question 65

If both state and federal courts have the authority to hear and decide a case, the matter is said to be one of

A)exclusive jurisdiction.
B)long-arm jurisdiction.
C)in personam jurisdiction.
D)concurrent jurisdiction.

Question 66

Jong is seeking a de novo review. What is he asking for?

A)A completely new hearing on the matter.
B)A review by the entire appellate division
C)An appeal to the U.S. Supreme Court
D)A different judge to decide the case.

Question 67

Ruby is injured in a car accident while on vacation in Portland, Oregon. Bubba, the other driver, was at fault, and she sued him for $300,000 in damages, alleging negligence, a question of state law. Ruby is a citizen of North Carolina and Bubba is a citizen of Oregon, who has never been outside his state. In which court could Ruby sue?

A)Oregon state court
B)Oregon federal court
C)Both of the above
D)Neither of the above. She must sue in North Carolina state court.

Question 68

Martha signed a contract to buy an engineering business from Alice. Alice claims Martha had failed to make several payments on the contract. What "burden of proof" must Alice meet in a lawsuit regarding the agreement?

A)a preponderance of the evidence
B)beyond a reasonable doubt
C)beyond any doubt
D)clear and convincing proof

Question 69

When only a federal court (not a state court) has the power to hear a case it has

A)concurrent jurisdiction.
B)concentrated jurisdiction.
C)in personam jurisdiction.
D)exclusive jurisdiction.

Question 70

Which of the following is contained in a complaint?

A)A statement of the remedy the plaintiff is seeking.
B)A list of the possible defenses that can be conveniently raised by the defendant.
C)A certification by the county magistrate that the case has merit.
D)A listing of the case or statutory authority upon the case is based.

Question 71

Ruby is injured in a car accident while on vacation in Portland, Oregon. Ruby believed that Bubba, the other driver, was at fault, and she sued him for $300,000 in damages, alleging negligence, a question of state law. Which of the following statements is True ?

A)Bubba is the plaintiff and Ruby is the defendant
B)The case involves a criminal proceeding
C)Ruby must establish Bubba's liability for the accident beyond a reasonable doubt
D)Ruby must initiate the proceedings by filing a complaint.

Question 72

Carlton Dean is late for his class at Grinnell College in Grinnell, Iowa and carelessly runs a stop sign. As luck would have it, Elliot Klein is driving through the intersection. Elliot is a visitor in Grinnell from Arizona. Although Elliott is not injured, his Mercedes suffers badly, with $7,000 total damages, and he is forced to rent a car for a week while it is repaired. Additional expenses for car repair bring his total damages to $7,600.

A)Elliott can sue Carlton in an Iowa court, because the accident occurred in Iowa.
B)Elliot can sue Carlton in a federal court, because of diversity of citizenship.
C)Elliot can sue Carlton in an Arizona court.
D)all of the above

Question 73

Which of the following is not a distinct purpose of a trial court?

A)to determine the facts of a dispute
B)to review the judgment of other courts to correct errors of law
C)to determine what rules of law should be applied to a set of facts
D)to apply appropriate rules of law to proven facts

Question 74

The document filed before the court which states the reason for the appeal and the law to support it, is called:

A)A brief
B)A summary of facts
C)A record
D)A complaint

Question 75

The court system consists essentially of trial courts and appellate courts. Identify the most accurate statement.

A)An appellate court is expected to review errors of factual analysis made by lower trial court juries.
B)An appellate court decision only has value as precedent if the highest court makes the decision in the judicial system.
C)The trial court judge presides over the trial and determines issues of law, and a jury makes findings of fact.
D)A panel of three federal trial court judges hears any dispute where a money damage claim is made in excess of $50,000. Called small claim diversity suits, the judges are authorized to decide issues of fact and law sans (without)jury.

Question 76

Which of the following are common attributes of a small-claims court?

A)place to appeal judgment from general trial courts
B)simplified filing procedures and hearing rules
C)right of both parties to appeal any judgment
D)place to resolve divorce matters.

Question 77

An appeal is conducted

A)Before a single judge
B)Like a re-trial with witnesses testifying
C)Like a debate with attorneys arguing their position
D)Like a mediation where the parties must reach an agreement

Question 78

Solomon filed a complaint that stated: "I went over to my neighbor Dominquez's house and he refused to let me borrow his hedge trimmer. A possible buyer of my house came over that evening and, when she saw my untrimmed hedges, lost interest in the house. I demand $2,000 from Dominquez, because he would not let me use his hedge trimmer and because of his refusal I did not sell my house." Dominquez's attorney should

A)try and settle the case for something less than $2,000.
B)file a motion to dismiss (demurrer).
C)file an answer to Solomon's complaint.
D)file a cross-complaint for $2,500 in damages.

Question 79

Carla Breakneck has sued Herman Foosball. He is accused of failing to pay a debt he claims he does not owe. Herman is very concerned about the trial processes and his privacy.

A)Herman need not be concerned, as civil trials are closed to the press and the public.
B)Herman should have only a slight concern for although the public can attend the trial the press cannot report trial court proceedings.
C)If Herman asks for a judge trial, the public will not have access to the proceedings.
D)Herman should hope the trial is not interesting, as both civil and criminal trail courts are open to the press and the public.

Question 80

Greg Buntz is late for his class at Sac Town College in Natomas, California and carelessly runs a stop sign. As luck would have it, Sanjay Varshney is driving through the intersection. Sanjay is a visitor in Natomas from Nevada. Although Sanjay injures are minor, his Porsche suffers badly, with $70,000 total damages, and he is forced to rent a car for a week while it is repaired. Additional expenses for car repair and medical bills bring his total damages to $79,000.

A)Sanjay can sue Greg in an California court, because the accident occurred in California.
B)Sanjay can sue Greg in a federal court, because of diversity of citizenship.
C)Both of the above.
D)None of the above