Deck 3: Civil Dispute Resolution

Question 1

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.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

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.

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

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.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

Arbitration is a commonly used technique for resolving international disputes.

Question 18

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

Question 19

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 20

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 21

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

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

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

Question 33

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 34

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant 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

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 37

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 38

Arbitration may be preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Question 39

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

Question 40

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

Question 41

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 42

The "discovery" stage of a trial includes which one of the following?

A) Production of documents.
B) Written interrogatories.
C) Depositions.
D) All of these.

Question 43

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

Question 44

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 45

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 excessive.
B) the verdict was against the weight of the evidence.
C) the trial was unfair.
D) All of these.

Question 46

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 47

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 48

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

Question 49

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 50

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 51

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

Question 52

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 53

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 54

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 55

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 56

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 57

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) All of these.

Question 58

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

Question 59

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

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

Question 60

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 61

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 62

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.

Question 63

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 64

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 65

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 66

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 67

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 68

Jessup and Lange are having a dispute regarding some property.They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise.The best form of dispute resolution for their problem would be:

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

Question 69

Which of the following is NOT a way in which a case can reach the United States Supreme Court?

A) Appeal by right.
B) Stare decisis .
C) Writ of certiorari .
D) All of these are ways for a case to reach the U.S. Supreme Court.

Question 70

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 71

Janet's husband, 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 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 72

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 73

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 74

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 75

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 76

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 77

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 78

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 79

Diversity of citizenship exists when:

A) the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens.
B) a foreign country brings an action against citizens of the United States.
C) the controversy is between citizens of the United States and citizens of a foreign country.
D) All of these.

Question 80

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