Deck 2: Courts and Jurisdiction

Question 1

Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court.

A) courts of appeals
B) courts of records
C) highest state courts
D) general-jurisdiction trial courts

Answer 1

C

Question 2

Which of the following courts are the federal court system's trial courts of general jurisdiction?

A) the U.S. district courts
B) the U.S. Tax Courts
C) the U.S. courts of appeals
D) the U.S. courts of federal claims

Answer 2

A

Question 3

Explain the differences between limited- and general-jurisdiction trial courts in the state court systems. In your answer, provide some examples of limited-jurisdiction trial courts.

Answer 3

Limited-jurisdiction trial courts, also called inferior courts, can only hear matters of a limited nature. Some examples of limited-jurisdiction trial courts are traffic court, juvenile court, justice-of-the-peace court, probate court, family law court, small-claims court, and specialized misdemeanor criminal court. Most limited-jurisdiction trial courts keep records of proceedings. The decisions of limited-jurisdiction trial courts are usually appealable to general-jurisdiction trial courts or appellate courts.
On the other hand, general-jurisdiction trial courts, also known as courts of record, hear matters that do not fall within the jurisdiction of a limited-jurisdiction trial court. Trial testimony and evidence are stored for future reference. Decisions of general-jurisdiction trial courts are appealable to an intermediate appellate court or to the state supreme court.

Question 4

In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference.

Question 5

Which of the following statements is true about intermediate appellate courts?

A) They hear new evidence and testimony that have come to light after the trial courts have made their decision.
B) They do not grant any oral hearings to the parties.
C) They have jurisdiction to hear cases of a limited or specialized nature.
D) They review either pertinent parts or the whole trial court record from the lower court.

Question 6

The geographical area served by each U.S. court of appeals is referred to as a ________.

A) district
B) county
C) range
D) circuit

Question 7

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.

Question 8

The ________ established by Congress have limited jurisdiction.

A) state supreme courts
B) state appeals courts
C) special federal courts
D) courts of records

Question 9

________ are courts that hear matters of a specialized or limited nature.

A) General-jurisdiction trial courts
B) Inferior trial courts
C) Intermediate appellate courts
D) Chancery courts

Question 10

General-jurisdiction trial courts can be found in every state.

Question 11

Intermediate appellate court decisions are final and cannot be appealed to any higher courts.

Question 12

Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.

Question 13

________ hears appeals from trial courts.

A) The highest state court
B) A court of record
C) An inferior trial court
D) An intermediate appellate court

Question 14

Which of the following is a function of the state supreme courts?

A) conducting trials related to misdemeanor criminal law
B) hearing appeals from intermediate appellate state courts and certain trial courts
C) conducting trials related to felonies and civil disputes
D) reviewing the judgments and records of the lower courts and ratifying them

Question 15

The intermediate appellate courts do not allow the parties to have oral hearings.

Question 16

A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction court or an appellate court.

Question 17

The decisions handed down by the general-jurisdiction trial courts are appealable to an intermediate appellate court or the state supreme court.

Question 18

No new evidence or testimony is heard in the state supreme courts.

Question 19

In small claims courts, it is necessary that the parties are represented by a lawyer.

Question 20

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

A) Courts of record
B) Intermediate appellate courts
C) Inferior trial courts
D) State supreme courts

Question 21

In the United States, each state has only a single district court.

Question 22

In the U.S. courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.

Question 23

How are the justices of the U.S. Supreme Court appointed?

A) They are nominated by the president and confirmed by the U.S. Senate.
B) They are appointed by the president of the United States.
C) They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the Chief Justice of the U.S. Supreme Court.

Question 24

In the U.S. circuit courts of appeals, an en banc review refers to an appeal heard by a three-judge panel.

Question 25

The U.S. Supreme Court is composed of ________ justices.

A) nine
B) six
C) ten
D) three

Question 26

The ________ hears cases brought against the United States.

A) U.S. Supreme Court
B) U.S. Tax Court
C) U.S. Court of Federal Claims
D) U.S. District Court

Question 27

The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases.

Question 28

Which of the following statements is true of the U.S. Supreme Court?

A) The U.S. Supreme Court's decisions are appealable.
B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals.
C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
D) The U.S. Supreme Court does not grant any oral hearings to the parties.

Question 29

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.

A) U.S. District Court
B) U.S. Court of Appeals for the Federal Circuit
C) First Circuit Court
D) District of Columbia Circuit

Question 30

The first 12 circuits of the federal court system are geographical.

Question 31

Pursuant to the power given to it by Article III of the U.S. Constitution, Congress has established the U.S. courts of appeals.

Question 32

The highest court in the land is the Supreme Court of the United States, which is located in Washington DC.

Question 33

Appeals from the Court of International Trade are heard by the U.S. Court of Appeals for the Federal Circuit.

Question 34

Federal judges of the U.S. district courts are appointed for 14-year terms.

Question 35

Which of the following courts was created by Article III of the U.S. Constitution?

A) the U.S. Supreme Court
B) the U.S. Tax Court
C) the U.S. Court of Appeals
D) the U.S. Court of Federal Claims

Question 36

The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court.

Question 37

What is the jurisdiction of the U.S. Supreme Court?

Question 38

The decisions of the U.S. Supreme Court can be appealed to higher courts.

Question 39

Why was the Court of Appeals for the Federal Circuit created?

A) It was created to exercise appellate jurisdiction over members of the armed services.
B) It was created to hear cases that involve federal tax laws.
C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.
D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

Question 40

Which of the following courts are considered as the federal court system's intermediate appellate courts?

A) the U.S. Courts of Appeals for Veterans Claims
B) the U.S. courts of appeals
C) the U.S. district courts
D) the U.S. courts of federal claims

Question 41

Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which of the following will be the result of this case?

A) The case will be sent to the U.S. Court of Appeals for a review.
B) Mary will win the case as she had already won at the U.S. Court of Appeals.
C) The case will be reviewed again by the U.S. Supreme Court when all the judges are present.
D) Mary will win and the case will set a precedent for later cases.

Question 42

In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision.

A) unanimous
B) majority
C) plurality
D) tie

Question 43

Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court?

A) The decisions can be appealed against in the U.S. courts of appeals.
B) The decisions do not set precedent for later cases.
C) The decision of the lower court is affirmed.
D) New evidence and testimony is heard before reaching decisions.

Question 44

Describe the different types of decisions issued by the U.S. Supreme Court - unanimous, majority, plurality, and tie. In your answer, specify whether each kind of decision becomes binding precedent.

Question 45

If a plaintiff brings a diversity of citizenship case in state court, it will remain there unless a defendant removes the case to federal court.

Question 46

In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a ________ decision.

A) tie
B) plurality
C) majority
D) unanimous

Question 47

A petitioner must file a petition for certiorari, asking the Supreme Court to hear the case.

Question 48

Which of the following is true about a plurality decision of the Supreme Court?

A) It settles a case but does not set the precedent for later cases.
B) It affirms the decision of the lower court.
C) It settles a case and sets the precedent for later cases.
D) It causes a case to be reviewed again at a later date.

Question 49

For federal question cases to be brought in a federal court, the dollar amount of the controversy must exceed $75,000.

Question 50

________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.

A) Federal question cases
B) Diversity of citizenship cases
C) Federal crimes cases
D) Copyrights and trademarks cases

Question 51

In which of the following cases do federal and state courts have concurrent jurisdiction?

A) bankruptcy cases
B) diversity of citizenship cases
C) antitrust cases
D) patents cases

Question 52

In which of the following cases do federal courts have exclusive jurisdiction?

A) cases involving sales and lease contracts
B) federal question cases
C) suits against the United States
D) diversity of citizenship cases

Question 53

________ refers to an official notice that the Supreme Court will review a case.

A) Writ of certiorari
B) Stare decisis
C) En banc review
D) Sua sponte

Question 54

Altonvista Inc., a company based in California, is sued by a plaintiff from the state of Texas. Which of the following statements would apply to this situation?

A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction.
B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court.
C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court.
D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.

Question 55

A tie decision by the U.S. Supreme Court sets a precedent for later cases.

Question 56

Which of the following is true about a majority decision reached by the U.S. Supreme Court?

A) All the judges agree as to the outcome and reasoning used to decide a case.
B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case.
C) A majority of the justices agree as to the outcome and reasoning used to decide a case.
D) An equal number of judges vote for and against the petitioner and the case remains undecided.

Question 57

The U.S. Congress gives the Supreme Court discretion to decide what cases it will hear.

Question 58

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a dissenting opinion that sets forth his or her reasons for deciding the case.

Question 59

Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take?

A) Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000.
B) Sue can file a case against Jerry in the New York state court as she is a resident of that state.
C) Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law.
D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

Question 60

The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court.

Question 61

________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside.

A) Jurisdiction
B) Venue
C) Circuit
D) Doctrine of stare decisis

Question 62

Donald, who is a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, who is a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case?

A) state court in Louisiana because the plaintiff is from Louisiana
B) state court in Texas because the defendant is from Texas
C) Oklahoma federal court because the robber has committed a federal crime
D) Oklahoma County Court because it is nearest in location to the scene of the crime

Question 63

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation?

A) The Arkansas state court will hear this case as it has in personam jurisdiction over George.
B) The Arkansas state court has in rem jurisdiction to hear this case.
C) The Oklahoma state court has in rem jurisdiction to hear this case.
D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

Question 64

________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.

A) Choice-of-law clause
B) Forum-shopping
C) Arbitration clause
D) Forum-selection clause

Question 65

Parties are not allowed to argue against the imposition of jurisdiction by a court.

Question 66

Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill?

A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment
B) file another case against Terry in the Wyoming state court to collect the money against Terry's property
C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money
D) file a case in the Colorado federal court as this qualifies as a federal question case

Question 67

A change of venue may be requested in order to find a jury that is not prejudiced.

Question 68

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation?

A) She can sue Jeremy on John's behalf, as she has standing to sue.
B) She can sue Jeremy, provided that John gives his consent.
C) She can file a case in the state court where she will have standing to sue.
D) She cannot sue Jeremy as she has no stake in the outcome of the case.

Question 69

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

A) In rem jurisdiction
B) Quasi in rem jurisdiction
C) Private jurisdiction
D) In personam jurisdiction

Question 70

Where a long-arm statute is present, a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

Question 71

A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over him- or herself.

Question 72

________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

A) No-contest clause
B) Choice-of-law clause
C) Forum-selection clause
D) Arbitration clause

Question 73

Antitrust, bankruptcy, patent and copyright cases can be heard by state courts.

Question 74

The federal court must apply federal laws in deciding diversity of citizenship cases.

Question 75

Describe the need for forum-selection and choice-of-law clauses.

Question 76

________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

A) In rem jurisdiction
B) In personam jurisdiction
C) Private jurisdiction
D) Quasi in rem jurisdiction

Question 77

A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

Question 78

________ refers to a court's jurisdiction over the parties to a lawsuit.

A) In rem jurisdiction
B) Quasi in rem jurisdiction
C) In personam jurisdiction
D) Sua sponte jurisdiction

Question 79

Donna Driver, an Idaho resident, operated her vehicle negligently, causing an accident in Boise, Idaho. Donna veered into oncoming traffic, hitting Valerie Victim's expensive new automobile. Valerie, a resident of Wyoming, was only in Idaho for a short business trip. The damage to Valerie's vehicle is estimated to be $25,000, which is the amount Valerie now seeks in damages. Neither Donna nor Valerie was physically or emotionally injured. In what court(s) can Valerie properly file a lawsuit seeking damages? Why?

Question 80

Why do courts need to accomplish a service of process?

A) to obtain personal jurisdiction over the plaintiff in a lawsuit
B) to obtain personal jurisdiction over the defendant in a lawsuit
C) to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit
D) to obtain jurisdiction over nonresidents who were not served summons within a state