Deck 2: The Court System

Question 1

A justiciable controversy is a case in which the court's decision-the "jus?tice" that will be served-will be controversial.

Answer 1

False

Question 2

Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy.

Answer 2

False

Question 3

Federal cases typically originate in appellate courts.

Answer 3

False

Question 4

Venue is the term for the subject matter of a case.

Question 5

Generally,lawyers are required to represent people in small claims courts.

Question 6

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

Question 7

Concurrent jurisdiction exists when neither federal nor state courts have the power to hear a particular case.

Question 8

A trial commences with the plaintiff's attorney's direct examination of the first witness.

Question 9

A default judgment is entered against a party who fails to respond to the allegations in a complaint.

Question 10

If a discovery request involves confidential business information,the scope of the request can be limited.

Question 11

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

Question 12

Minimum contacts with a jurisdiction can be sufficient to support jurisdiction over a nonresident defendant.

Question 13

Federal courts are superior to state courts.

Question 14

At every stage of a trial,either party can file a motion to dismiss the case.

Question 15

Hearsay evidence is testimony about a statement made by someone who was not under oath at the time.

Question 16

A summary judgment is granted only if there is no genuine question of law.

Question 17

An appellate court can affirm or reverse the decision of a trial court in part.

Question 18

The United States Supreme Court has original jurisdiction in rare instances.

Question 19

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Question 20

There is one set of procedural rules for federal courts and various sets for state courts.

Question 21

Ulrica wants to initiate a suit against Valley Farms by filing a complaint.The complaint should include

A)an explanation to refute any defense the defendant might assert.
B)a motion for summary judgment.
C)a motion to dismiss.
D)the facts establishing Ulrica's basis for relief.

Question 22

Tyler,a citizen of Utah,files a suit in a Utah state court against Veritas Sales Corporation,a Washington state company that does business in Utah.The court has original jurisdiction,which means that

A)the case is being heard for the first time.
B)the court has a unique method of deciding whether to hear a case.
C)the court has unusual procedural rules.
D)the subject matter of the suit is interesting and new.

Question 23

Mariah wins her suit against Natural Products Company.Natural's best ground for appeal is the trial court's interpretation of

A)the conduct of the witnesses during the trial.
B)the credibility of the evidence that Mariah presented.
C)the dealings between the parties before the suit.
D)the law that applied to the issues in the case.

Question 24

During a trial,the attorney for Gloria the plaintiff questions her witness Heidi.Heidi,who is not an expert in the matter about which she is being asked,can

A)testify about any of the facts in the case.
B)testify about only what she personally observed.
C)offer her opinion about any of the evidence.
D)offer her conclusion with regard to the case.

Question 25

Gaudy Ornaments,Inc. ,sells decorative ware.Hank,who has never bought a Gaudy product,files a suit against the firm,alleging that its products are defective.The firm's best ground for dis?missal of the suit is that Hank does not have

A)venue.
B)jurisdiction.
C)standing.
D)sufficient minimum contacts.

Question 26

Loren files a suit against Mabel,alleging a failure to pay for the harvest of Mabel's orchards.Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach.Mabel's claim is

A)a contrary charge.
B)a counterclaim.
C)a counterpoint.
D)a cross complaint.

Question 27

In Recycle Cafe's suit against Sanitary Services,Inc. ,the court issues a judgment in Recycle's favor.The judgment can be appealed to an appropriate court of appeals by

A)neither party.
B)Recycle only.
C)Recycle or Sanitary.
D)Sanitary only.

Question 28

3D HD TV Company,a firm in Minnesota,advertises on the Web.A court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm

A)conducted substantial business with North Dakota residents through its Web site.
B)interacted with any North Dakota resident through its Web site.
C)only advertised without interactivity at its Web site.
D)suddenly removed its ad from the Internet.

Question 29

Beyond-the-Sea Imports,Inc. ,disputes the use of "beyond-the-sea.com" as a domain name by Beyond-the-Sea Overseas Exports,Ltd. ,and files a suit to re?solve the dispute.Service of process must be

A)by e-mail.
B)by personal delivery.
C)by sea.
D)according to the rules of the court in which the suit is brought.

Question 30

After a trial between OptiGames,Inc. ,and Play Video Corporation,the jury renders a verdict in OptiGames's favor.Play Video's attorney can file a motion

A)for a new trial.
B)for judgment on the pleadings.
C)for summary judgment.
D)to dismiss the case.

Question 31

Liu files a suit against Macro Sales,Inc. ,in a New Jersey state court based on a Web site through which New Jersey residents can do busi?ness with Macro.The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

A)a "substantial enough" connection with the state.
B)"downloading" from the state.
C)not connected with the state.
D)"uploading" to the state.

Question 32

Rolf,a citizen of New Mexico,wants to file a suit against Sandy,a citizen of Texas,relating to a motorcycle accident in which Rolf's injuries resulted in medical costs of more than $75,000.Their diversity of citizenship may be a basis for

A)no court to exercise jurisdiction.
B)a federal court to exercise original jurisdiction.
C)a state court to exercise appellate jurisdiction.
D)the United States Supreme Court to refuse jurisdiction.

Question 33

In Dawg Stop's suit against Condiment Vendor,Inc. ,Dawg serves a written request for Condiment to admit the truth of matters relating to the trial.Condiment's admission in response is the equivalent of

A)an admission in court.
B)a statement to the media.
C)information to which Condiment has a right of privacy.
D)irrelevant evidence.

Question 34

Boyd files a suit in a federal district court against Cathy.Cathy loses the suit,appeals to the U.S.Court of Appeals for the Second Circuit,and loses again.Cathy asks the United States Supreme Court to hear the case.The Court is

A)not required to hear the case.
B)required to hear the case because Cathy lost in a federal court.
C)required to hear the case because Cathy lost in a lower court.
D)required to hear the case because it is an appeal.

Question 35

To prepare for a trial between Condo Development Corporation and Demo Construction Company,Condo's attorney places Demo's president under oath.An authorized court official makes a record of the attorney's questions and the officer's answers.This is

A)a cross examination.
B)a deposition.
C)e-evidence.
D)an interrogatory.

Question 36

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

A)federal courts of appeals.
B)federal district courts.
C)state trial courts.
D)the United States Supreme Court.

Question 37

Ginger wants to file a suit against Fred.For a court to hear the case

A)Fred must agree.
B)the court must have jurisdiction.
C)the parties must have no minimum contact with each other.
D)the parties must own property.

Question 38

During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin,Gene's attorney asks questions of the plaintiff's witness Illya.This is

A)a cross-examination.
B)a deposition.
C)a direct examination.
D)an interrogatory.

Question 39

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pickled Peppers,Inc. ,is heard in an appellate court.The difference between a trial and an appellate court is whether

A)a trial is being held.
B)the court is appealing.
C)the parties question how the law applies to their dispute.
D)the subject matter of the case involves complex facts.

Question 40

The Ohio state legislature passes a law to regulate local delivery serv?ices.The final authority regarding the constitutionality of this law is

A)the judicial system.
B)the president of the United States.
C)the governor of Ohio.
D)the U.S.Congress.

Question 41

Quik Results,Inc. ,a Maine corporation,makes and sells Power Up!,a weight-gain and muscle-building supplement.Orin,a citizen of New York,sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club.Within ten days of beginning to use Power Up!,Orin suffers internal injuries.Alleging that the injuries are caused by Power Up!,Orin files a suit against Quik in a New York state court.Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik.What is the court most likely to rule and why?

Question 42

Elle is walking to work along a sidewalk next to a road.A truck owned by Fast Distribution Company (FDC)strikes and injures Elle,causing her injuries that result in more than $250,000 in medical expenses.Elle is a resident of Georgia,where the accident occurred.FDC has its princi?pal place of business,and is incorporated,in Delaware.In what court may Elle sue FDC?