Deck 3: Civil Dispute Resolution

Question 1

A case before a U.S. Court of Appeals is generally heard by all judges of the circuit sitting en banc.

Answer 1

False

Question 2

Ezra, charged with crossing the center line in his vehicle, would ordinarily have the case heard in his state's trial court of general jurisdiction.

Answer 2

False

Question 3

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

Answer 3

False

Question 4

In most states, judges are elected by the voters for a stated number of years.

Question 5

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

Question 6

Judges who serve in the U.S. Courts of Appeals receive lifetime appointments from the President, subject to confirmation by the Senate.

Question 7

The federal courts and the state courts can never have concurrent jurisdiction over the same case.

Question 8

The decisions of the U.S. Courts of Appeals are binding on all other federal courts except for the U.S. Supreme Court.

Question 9

In the United States, there is a right to a jury trial in any federal civil case at common law, regardless of the amount of money involved.

Question 10

The appellate court does not hear any new evidence but rather takes the case upon the record, abstracts, and briefs.

Question 11

The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board, the Patent and Trademark Office, and the U.S. Court of Veterans Appeals.

Question 12

The U.S. District Court is the appeal level court in the federal court system.

Question 13

When compared to a court trial, arbitration has the advantage of privacy.

Question 14

Congress has established thirteen judicial circuits (twelve numbered circuits plus the District of Columbia circuit), each having a court known as the Court of Appeals.

Question 15

A quorum for the United States Supreme Court consists of any three justices.

Question 16

A deposition is a pretrial discovery process, which consists of sworn testimony of a witness or the opposing party.

Question 17

A decision of a state court is binding on all courts inferior to it in its jurisdiction. Thus, the decision of a state supreme court binds all other courts in that state.

Question 18

Arbitration is a commonly used technique for resolving international disputes.

Question 19

Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.

Question 20

The federal courts only have jurisdiction to hear cases involving federal law.

Question 21

The purpose of pleadings is to give notice and to establish the issues of fact and law that the parties dispute.

Question 22

The definition of in rem jurisdiction is jurisdiction based on claims against property.

Question 23

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

Question 24

A non-corporate entity, such as a limited partnership, takes the citizenship of each of its members.

Question 25

The U.S. Supreme Court has held that a state may exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

Question 26

After a plaintiff files a complaint with the clerk of the trial court, the clerk issues a summons to be served on the defendant to notify him that a suit has been brought against him.

Question 27

Arbitration may be preferred over litigation because arbitration is less costly than litigation.

Question 28

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

Question 29

A court needs to have both subject matter jurisdiction and jurisdiction over the parties involved before it can hear a particular case.

Question 30

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

Question 31

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Question 32

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

Question 33

The U.S. Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Question 34

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

Question 35

In personam jurisdiction can only be obtained by serving process on the party within the state in which the court is located.

Question 36

An appeal from a small claims court is taken to the state court of appeals where a trial de novo is begun.

Question 37

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

Question 38

A court will grant summary judgment after a trial if the judge makes a final, binding determination on the merits of the case.

Question 39

The jury's verdict in a summary jury trial is not binding on the parties.

Question 40

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

Question 41

The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error.

Question 42

When a trial is conducted with a jury, the judge determines issues of law and the jury determines questions of fact.

Question 43

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

A) one
B) two
C) three
D) four

Question 44

Which of the following are pleadings?

A) Complaint, summons, answer, reply.
B) Interviews, discovery, witness list.
C) Summons, depositions, voir dire .
D) Arbitration, written interrogatories

Question 45

All methods of alternative dispute resolution, such as arbitration, mediation, conciliation, and negotiation, involve a third party to help resolve the dispute.

Question 46

A decision of the Supreme Court of Washington would always be binding on:

A) a federal district court in Washington.
B) a state trial court in Washington.
C) the U.S. Court of Appeals for the 9th Circuit.
D) later decisions of the Supreme Court of Washington.

Question 47

In med-arb , the neutral third party serves first as a mediator and, if all issues are not resolved through such mediation, then serves as an arbitrator authorized to render a binding decision on the remaining issues.

Question 48

If the defendant prevails in a certified class action lawsuit, members of the class may be bound by the decision and thus precluded from bringing their own lawsuits with respect to the claims in the class action lawsuit.

Question 49

Appellate judges can reverse a decision of the trial court:

A) where any error below is found.
B) only where there was a prejudicial error that substantially affected the appellant's rights and duties.
C) only where the outcome of the case is clearly wrong.
D) where the losing party desires a new trial.

Question 50

The definition of a default judgment is:

A) a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims.
B) a pleading that is a statement of the initial claim against the defendant.
C) an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.
D) a judgment against a defendant who fails to respond to a complaint.

Question 51

If the court certifies an action as meeting the criteria for a class action lawsuit and the plaintiffs prevail or reach a settlement, members of the class must each bring their own lawsuits to obtain relief.

Question 52

Attorneys for Tigre Corp. and Swindal Co. are entering a structured settlement process whereby they conduct limited discovery and then present evidence to a panel of managers from each company as well as to a neutral retired judge. They are involved in an alternative dispute resolution technique known as a mini-trial.

Question 53

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

A) once resided in State A.
B) uses a product produced in State A.
C) made a contract in State A.
D) has relatives in State A.

Question 54

The U.S. Court of International Trade has worldwide jurisdiction over cases involving international trade and customs issues.

Question 55

Mark, a resident of Illinois, while driving on the interstate highway, hits Jayce, a resident of Wisconsin, and totally destroys Jayce 's brand new vehicle and injures Jayce . Jayce may bring suit in federal district court:

A) because the accident happened on a federally funded highway.
B) because there is always federal jurisdiction if there is diversity of citizenship.
C) if the amount in controversy is over $75,000.
D) only if the accident occurred outside of Illinois or Wisconsin.

Question 56

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

A) conciliation.
B) discovery.
C) consensual arbitration.
D) compulsory arbitration.

Question 57

In AT&T Mobility LLC v. Concepcion , the U.S. Supreme Court held t hat the FAA preempted state law that would have prohibited the enforcement of a consumer arbitration clause requiring consumer complaints to be arbitrated individually instead of on a class-action basis.

Question 58

Harris was awarded $4 million in damages in a malpractice case against Dr. Kelsoe. The doctor's attorney filed a motion for a new trial. The motion may be granted if:

A) the damages are more than what Dr. Kelsoe's insurance will cover.
B) the verdict was against the weight of the evidence.
C) the trial was held in Dr. Kelsoe's home county.
D) the jury deliberated for more than three days.

Question 59

One method of appealing a case to the U.S. Supreme Court is by:

A) writ of execution.
B) offer of proof.
C) writ of certiorari .
D) request for admissions.

Question 60

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

Question 61

A motion to dismiss a lawsuit for failure to state a claim is a(n):

A) affirmative defense.
B) demurrer.
C) motion for a default judgment.
D) interrogatory.

Question 62

Patricia has a valid judgment against David. David has no assets in the state where the judgment was entered, but he now lives in California where he owns thousands of acres of beach-front property. Patricia may execute her judgment in California based on:

A) Subject matter jurisdiction.
B) Concurrent federal jurisdiction.
C) Quasi in rem jurisdiction.
D) Diversity of citizenship jurisdiction.

Question 63

The U.S. Supreme Court:

A) has only appellate jurisdiction, as the nation's highest tribunal.
B) must accept for review any decision appealed under a writ of certiorari .
C) has original jurisdiction over certain types of cases.
D) hears most of its cases through an appeal by right.

Question 64

The procedural stage of a lawsuit after the pleadings but before trial is the:

A) peremptory challenge stage.
B) discovery stage.
C) special verdict stage.
D) offer of proof stage.

Question 65

Which of the following are ways in which a case can reach the United States Supreme Court?

A) Appeal by right and stare decisis .
B) Stare decisis and voir dire.
C) Writ of certiorari  and appeal by right.
D) Voir dire and writ of certiorari .

Question 66

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

A) evidence, law
B) law, evidence
C) law, fact
D) fact, law

Question 67

Which of the following may a U.S. Court of Appeals not do in ruling on a case?

A) Reverse or modify the judgment of the lower court.
B) Remand or send it back to the lower court.
C) Rehear the case by taking testimony of the witnesses.
D)  Modify the judgment of the lower court .

Question 68

The legal concept which deals with the location where a lawsuit should be brought is:

A) venue.
B) in personam jurisdiction.
C) subject matter jurisdiction.
D) s tare decisis .

Question 69

Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury. This is:

A) a valid challenge for cause.
B) a valid peremptory challenge.
C) not a valid challenge.
D) a valid challenge for cause, but it can be overcome if the plaintiff's attorney makes an offer of proof to the judge.

Question 70

Jean is called for jury duty. However, the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males. The defendant's attorney:

A) will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror.
B) will succeed in keeping Jean off the jury because his defendant is a male. The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean.
C) may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional.
D) may not have the privacy of his theory of a case as manifested in peremptory challenges invaded by a judge.

Question 71

Article III of the Constitution states that the judicial power of the United States shall be vested in one Supreme Court and:

A) such lower courts as the Supreme Court establishes.
B) such lower courts as Congress may establish.
C) a system of special courts, district courts, and courts of appeals.
D) a system of lower federal courts and such state courts as each state legislature provides.

Question 72

A writ of execution as used in civil law litigation allows:

A) the plaintiff to demand payment from the defendant of a judgment won in court.
B) the governor of a state to demand execution of a convicted felon who has received a death sentence by a jury.
C) the clerk of court to issue a demand for a new trial.
D) the plaintiff, without further process, to obtain a portion of the defendant's wages.

Question 73

With a __________ the jury makes specific written findings on each factual issue, and the judge then applies the law to these findings.

A) general verdict
B) special verdict
C) v oir dire
D) quasi in rem

Question 74

Riley and Porter have a dispute regarding a contract. They want to have a binding resolution, but they prefer to have the dispute handled privately by someone with special expertise. They should choose:

A) litigation.
B) arbitration.
C) mediation.
D) a summary jury trial.

Question 75

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able gives Baker reasonable notice that she is filing a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction. In this case:

A) only the Iowa courts can hear the case.
B) the Iowa federal district court can hear the case based on diversity of citizenship.
C) the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
D) the Kansas federal district court can hear the case based upon diversity of citizenship.

Question 76

John is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news. The defendant's attorney asks the judge to excuse John from serving on the jury and the judge agrees. This is:

A) a valid challenge for cause.
B) a valid peremptory challenge.
C) not a valid challenge.
D) a valid challenge, but the plaintiff's attorney can have John serve by making an offer of proof to the judge.

Question 77

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as __________ jurisdiction.

A) quasi in rem
B) in personam
C) in rem
D) forum non conveniens

Question 78

The federal courts have exclusive jurisdiction over:

A) federal criminal prosecutions.
B) trademark and copyright cases.
C) issues involving state constitutions.
D) Federal criminal prosecutions  and trademark and copyright cases.
E) F ederal criminal prosecutions  and  issues involving state constitutions.

Question 79

Which of the following is NOT considered to be an alternative method of dispute resolution?

A) Special verdict.
B) Negotiation.
C) Conciliation.
D) Mediation.

Question 80

In diversity of citizenship cases, federal courts apply:

A) federal substantive and procedural law.
B) state substantive and procedural law.
C) state procedural and federal substantive law.
D) federal procedural and state substantive law.