Deck 3: The Judicial System

Question 1

Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.

Answer 1

True

Question 2

The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court.

Answer 2

False

Question 3

The U.S. Court of Appeals is a court of original jurisdiction.

Answer 3

False

Question 4

An appellate court's role is to take additional evidence after a trial has ended.

Question 5

Decisions of the federal district court are reported in the Federal Reporter.

Question 6

Federal district courts are courts of original jurisdiction.

Question 7

A brief is written by the trial judge.

Question 8

Decisions of the U.S. Courts of Appeal are reported in the Federal Supplement.

Question 9

Regional reporters carry the opinions of state appellate and supreme court decisions.

Question 10

A trial court generally has three judges who preside in a case.

Question 11

The U.S. Supreme Court has no original jurisdiction.

Question 12

State supreme court decisions can be appealed to the U.S. Supreme Court.

Question 13

When a case is remanded, the lower court must conduct additional proceedings.

Question 14

The party who appeals a decision is called an appellant.

Question 15

An appellate court reversal requires a unanimous vote by the reviewing judges.

Question 16

The number of appeals to the United States Supreme Court is the same as the number granted certiorari.

Question 17

There are 13 federal judicial circuits.

Question 18

A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the suit.

Question 19

The opinions of the U.S. Supreme Court must be unanimous.

Question 20

In personam jurisdiction is the authority of a court over the subject matter of the case.

Question 21

A case that is remanded requires further procedures.

Question 22

All states have a general trial court of original jurisdiction.

Question 23

The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction.

Question 24

State supreme courts have original jurisdiction in some circumstances.

Question 25

The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a
U.S. firm is involved.

Question 26

The principle of stare decisis requires that all similar cases be decided the same way.

Question 27

Federal district courts are the general trial courts of the federal system.

Question 28

A reversible error occurs only when evidence rules were violated.

Question 29

The International Court of Justice can compel parties to appear before it.

Question 30

Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.

Question 31

An appellate court can require that a new trial be held.

Question 32

An appellate court has the authority to order a new trial.

Question 33

Oral arguments are not allowed in appellate courts.

Question 34

Generally, three judges review a case at the court of appeals level in both the state and federal levels.

Question 35

A party can raise new evidence in a case through its brief.

Question 36

On appeal, respondent is another name for appellant.

Question 37

A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.

Question 38

Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case.

Question 39

If any mistake is made in a case, it is reversible error.

Question 40

A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.

Question 41

Specialty courts exist in both the state and federal systems.

Question 42

Which of the following names apply to the party who appeals the trial court decision?

A) respondent
B) appellant
C) appellee
D) none of the above

Question 43

A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.

Question 44

True small claims courts do not permit lawyers to represent the parties in the proceedings.

Question 45

When a case is remanded:

A) it is affirmed.
B) it is sent back to the trial court.
C) it is completed.
D) precedent is not being followed.
E) none of the above

Question 46

Justices of the U.S. Supreme Court are nominated by the President of the United States and are confirmed by the
Senate.

Question 47

A brief is a witness's testimony at trial.

Question 48

U.S. Supreme Court cases are generally heard by three judges.

Question 49

The Supreme Court grants certiorari in about 25% of the cases that are appealed to it. Of that number, nearly all have oral arguments and receive a written opinion from the Court.

Question 50

Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings.

Question 51

Precedent is not followed when:

A) the facts of a case can be distinguished.
B) a court believes that a change of law is socially or morally mandated.
C) technology changes.
D) all of the above

Question 52

An attorney:

A) must reveal a client's confession of a crime.
B) cannot represent a guilty party.
C) must see that his/her client's rights are protected.
D) can violate the law to protect a client.

Question 53

In personam jurisdiction:

A) refers to jurisdiction over the parties in a case.
B) can be based on the subject matter of the case.
C) is based on constitutional standards of residence.
D) is only applied in federal courts.

Question 54

A reversible error is:

A) any mistake made in a case.
B) one that might have affected the outcome of a case.
C) determined during a motion for summary judgment.
D) none of the above

Question 55

Case precedent is:

A) always followed.
B) followed if it is within the state.
C) examined in each case and is always followed.
D) part of the doctrine of stare decisis.
E) none of the above

Question 56

The U.S. Courts of Appeal use a writ of certiorari process for appeals.

Question 57

U.S. Supreme Court opinions are reported in three different reporter series.

Question 58

An en banc hearing is one in which all the judges participate.

Question 59

If a plaintiff's home country provides an adequate remedy for a wrong, the case cannot be heard in the United
States.

Question 60

Dicta is the:

A) rule of law in a case opinion.
B) case cite.
C) discussion of a decision.
D) precedent in a case.
E) none of the above.

Question 61

In which of the following courts would a trial for violation of the Foreign Corrupt Practices Act be held?

A) state trial court
B) federal district court
C) U.S. Supreme Court since the case involves foreign jurisdictions
D) none of the above

Question 62

In the citation 501 F.3d 29, the case can be found on what page?

A) 501
B) 3
C) 29
D) There is not enough information given to answer the question.

Question 63

Which of the following reports the opinions of federal district courts?

A) Federal Supplement
B) Federal Reporter
C) Federal district court opinions are not reported.
D) none of the above

Question 64

Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed several of the suppliers' watch faces on his customers' watches. A strange chemical reaction between perspiration and the faces of the watches caused Ralph's customers to develop rashes and nausea, with some requiring hospitalization. Ralph wishes to bring suit to recover damages ($75,000) from the Escondido supplier. Which of the following statements is true?

A) Ralph must bring suit in California to gain jurisdiction over the supplier.
B) Ralph has a diversity action that can be brought in federal court.
C) Ralph will not be able to bring suit in Arizona because there are no contacts in the state.
D) none of the above

Question 65

Which of the following suits could be properly heard in federal district court?

A) a suit between two contracting parties in one state over a UCC interpretation question
B) a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington
C) a suit challenging the constitutionality of a state's death penalty statute
D) all of the above

Question 66

How many U.S. Courts of Appeal are there?

A) nine
B) at least one for every state
C) thirteen
D) none of the above

Question 67

The minimum amount required for a federal diversity suit is:

A) $10,000.
B) $50,000.
C) $75,000.
D) There is no minimum amount if there is diversity.

Question 68

A writ of certiorari:

A) is issued for every case appealed to the U.S. Supreme Court.
B) applies only to cases of original jurisdiction.
C) is an order issuing a decision to hear a case.
D) none of the above

Question 69

Regional reporters:

A) are for the federal system.
B) include the opinions of state supreme courts.
C) include the opinions of the U.S. Supreme Court.
D) are the same as the federal reporters.

Question 70

Small claims courts are:

A) federal specialty courts.
B) also known as probate courts.
C) also known as courts of claim.
D) part of the state court system.

Question 71

In which of the following cases would there be federal subject matter jurisdiction?

A) a case in which the Justice Department is prosecuting for criminal violations of the Sherman Act
B) a case in which a Texas resident is suing a Wisconsin company for a refund of $1,000.00
C) a case in which two Arizona partners are suing each other
D) a case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws

Question 72

Which of the following would not be a cite for a U.S. Supreme Court opinion?

A) 411 U.S. 292
B) 93 S. Ct. 1011
C) 43 L.Ed 2d 33
D) 798 F.2d 1214

Question 73

At the U.S. Court of Appeals:

A) there is a trial by jury.
B) there are three judges.
C) witnesses are permitted to testify.
D) all of the above

Question 74

To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:

A) federal district court.
B) U.S. Court of Appeals.
C) U.S. Court of Claims.
D) U.S. Tax Court.

Question 75

Which of the following is not a specialized court in the federal system?

A) tax court
B) bankruptcy court
C) probate court
D) All of the above are specialty courts in the federal system.

Question 76

Which of the following is the general trial court of the federal system?

A) federal district court
B) Court of Claims
C) U.S. Court
D) none of the above

Question 77

How many federal district courts are there?

A) nine
B) at least one for every state
C) thirteen
D) none of the above

Question 78

Long-arm statutes:

A) give state courts automatic jurisdiction over out-of-state defendants.
B) have been ruled unconstitutional.
C) are simply procedural statutes that still require ?minimum contacts? for use.
D) none of the above

Question 79

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit:

A) is properly brought in federal court in Vermont because the drivers were residents of different cities.
B) is properly brought in Vermont's general trial court.
C) is properly brought in U.S. Court of Claims since two U.S. citizens were involved.
D) none of the above

Question 80

A small claims court:

A) is a court where diversity cases are heard.
B) is a court where no attorneys are used.
C) is a general jurisdiction court.
D) is part of the federal system.