Deck 6: State and Federal Courts

Question 1

Federal jurisdiction is acquired in two categories of cases: diversity of citizenship and

A) federal question cases.
B) certiorari .
C) conflict of laws.
D) equity.

Answer 1

A

Question 2

A petition for removal aims at

A) moving a case from a state court to a federal court.
B) eliminating a plaintiff or defendant from a case.
C) dismissing an action for failure to state a claim.
D) disqualifying a judge from sitting in a case.

Answer 2

A

Question 3

________ cases require a minimum dollar amount in order to obtain federal jurisdiction.

A) Civil rights cases
B) Federal question
C) Bankruptcy
D) Diversity of citizenship

Answer 3

D

Question 4

The _______ clause of the U.S. Constitution requires the courts of each state to recognize the validity of the laws and judicial orders of other states.

A) supremacy
B) interstate commerce
C) diversity
D) full faith and credit

Question 5

Which of the following is a legal, as opposed to an equitable, remedy?

A) Reformation
B) Injunction
C) Damages
D) Specific performance

Question 6

The equitable equivalent to a statute of limitations is

A) clean hands.
B) laches.
C) unconscionability.
D) maxim.

Question 7

Which of the following restricts access to federal courts by allowing only a person who has a "personal stake in the outcome" of a case to bring suit?

A) Procedural due process
B) Substantive due process
C) Mootness
D) Standing

Question 8

The equitable maxim known as _______ states that an equity court may refuse to give relief where the petitioner has not acted in good faith or is otherwise undeserving of special consideration.

A) unconscionability
B) laches
C) the clean hands doctrine
D) inadequacy of remedy

Question 9

There is a right to a jury trial in

A) equity.
B) common law.
C) criminal cases only.
D) all civil and criminal cases.

Question 10

Erie v. Tompkins established the principle that

A) the U.S. Constitution is supreme.
B) there is no federal common law in diversity cases.
C) stare decisis must be followed in federal courts.
D) federal courts have jurisdiction over diversity cases.

Question 11

For the purposes of diversity cases, a corporation is a citizen of the

A) state where the wrong occurred.
B) state in which the federal court sits.
C) state of its principal place of business.
D) same state as the opposing party.

Question 12

In Campbell Soup Co. v. Wentz , the appellate court held that

A) specific performance could not be granted because the contract was unconscionable.
B) specific performance could not be granted because there was an adequate remedy at law.
C) Campbell should receive the difference between the contract price and the purchase price.
D) Campbell should be granted specific performance.

Question 13

The modern trend in conflict of laws uses which of the following tests?

A) Lex loci delicti
B) Full faith and credit
C) Lex fori
D) Significant relationship

Question 14

A plaintiff suing for damages seeks

A) an injunction.
B) punitive damages.
C) money compensation.
D) a reversal.

Question 15

The federal government exercises its authority by _______, whereas the state government exercises its by _______.

A) grant; reservation
B) delegation; grant
C) reservation; grant
D) grant; delegation

Question 16

The court of one state may refuse to enforce an order of the court of another state on the basis of

A) discretion.
B) conflict of laws.
C) public policy.
D) common law.

Question 17

Which of the following could prevent the granting of a petition for removal in a diversity of citizenship case?

A) The plaintiff is a citizen of the state in which the case is brought.
B) The defendant is a citizen of the state in which the case is brought.
C) The plaintiff and the defendant are not citizens of the same state.
D) Diversity of citizenship is total.

Question 18

In Fine v. Delalande , the federal court remanded the case to state court because

A) the court had no subject matter jurisdiction.
B) the case contained no federal case or controversy.
C) Delalande, Inc., had its principal place of business in the same state in which eleven of the plaintiffs lived.
D) of lack of standing.

Question 19

Challenge to the similarity of commercial logos used on an Internet website can be brought in federal court because

A) the Internet always involves interstate commerce, granting federal jurisdiction.
B) the Supreme Court has determined that Internet issues fall within federal diversity jurisdiction.
C) jurisdiction over trademark questions is granted to the federal courts by the Constitution.
D) Congress has preempted Internet suits through statute.

Question 20

In a court of equity the defense of _______ may be used where the action is unreasonably delayed to the prejudice of a party who has changed position during the delay.

A) statute of limitations
B) unconscionability
C) laches
D) lex loci delicti

Question 21

In Dryer v. National Football League , the court held that

A) NFL Films' use of video footage of the players playing football violated their publicity rights, caused consumer confusion, and unjustly enriched the NFL.
B) the NFL did not have a valid and enforceable copyright in the game footage gathered by NFL Films during each NFL football game.
C) copyright was not the proper subject matter of a federal preemption claim.
D) the National Football League's valid copyright in the game footage preempts the three professional football players' publicity claims.

Question 22

The threshold question in seeking an equitable remedy is

A) whether there is an adequate remedy at law.
B) "clean hands."
C) whether the plaintiff acted in good faith.
D) whether the suit was filed in time.

Question 23

In Brown v. Southland (convenience store-wrongful discharge), the plaintiff's case was dismissed because

A) there was no diversity of citizenship.
B) wrongful discharge cannot be brought in federal court.
C) the plaintiff did not have standing.
D) Missouri did not recognize wrongful discharge.

Question 24

The word chancery refers to

A) common law.
B) equity.
C) criminal law.
D) the merger of law and equity.