Deck 3: The Court System

Question 1

In a civil suit,the plaintiff is not allowed to waive his or her right to a jury trial.

Answer 1

False

Question 2

A bankruptcy matter can be heard in either a federal or state court.

Answer 2

False

Question 3

The mere presence on the World Wide Web establishes the minimum contacts necessary to subject a corporation to personal jurisdiction on a worldwide basis.

Answer 3

False

Question 4

In small-claims court,legal documents are minimized and the rules of evidence relaxed.

Question 5

Exclusive jurisdiction occurs when only one court system has the power to hear a case.

Question 6

The questioning of prospective jurors to determine their impartiality is called interrogation.

Question 7

Disputes between parties transacting business over the Internet are subject to special tests regarding the existence of jurisdiction.

Question 8

Diversity of citizenship jurisdiction applies only if one of the parties is a citizen of another country and does not apply if the parties are from different states.

Question 9

Most state court systems have only trial courts.Appeals from state courts go directly to the federal appellate courts.

Question 10

If a defendant in a civil case ignores a complaint,the plaintiff may be entitled to a default judgment.

Question 11

A jury trial is usually available in cases involving equity claims.

Question 12

In a criminal case,discovery for the prosecution is limited because of the defendant's privilege against self-incrimination.

Question 13

One example of a long-arm statute is diversity jurisdiction.

Question 14

Most civil cases are conducted in courts which are open to public observation.

Question 15

A civil jury is instructed,among other things,to decide the facts in a dispute.

Question 16

A deposition is a type of pretrial discovery device available only to the defendant in a civil case.

Question 17

Discovery includes the use of a group of formal methods to learn facts about a dispute before trial.

Question 18

In a civil case,the plaintiff has the burden of proving the case beyond a reasonable doubt.

Question 19

The U.S.Constitution requires that juries in serious criminal cases in state courts be composed of 12 persons.

Question 20

Appellate courts decide questions of law,and do not ordinarily decide questions of fact.

Question 21

In small-claims court,attorneys cannot represent other litigants but they can represent themselves or corporations if they are the sole shareholder.

Question 22

An answer is a responsive pleading.

Question 23

Government agencies may not use civil courts to sue a private citizen.

Question 24

A complaint is a responsive pleading.

Question 25

In personam jurisdiction means jurisdiction over the person.

Question 26

Trials in ancient Greece were conducted before a jury of 5 elected jurors.

Question 27

The burden of proof in criminal civil case rests on the Prosecution and the preponderance of the evidence.

Question 28

An appellate court conducts the initial proceedings in a legal dispute.

Question 29

The local place,within the geographical boundaries of a larger jurisdiction,is where a case is generally most appropriately tried.

Question 30

The party appealing a case to a higher court is called and the other party is
called .

Question 31

The post trial collection process from a judgment debtor is called default judgment.

Question 32

A trial de novo is an appeal for the highest court in the state.

Question 33

Each state has its own court system.

Question 34

Almost all legal disputes are resolved in a(n)court.

Question 35

Judges in courts of equity can apply equitable maxims-which are propositions or statements that provide a guide to a judge's exercise of his or her discretion.

Question 36

"The power to speak the law" is a phrase used to describe the term .

Question 37

Concurrent jurisdiction occurs when both a federal court and a state court have the power to hear a case.

Question 38

The entire judicial process that is designed to resolve (i.e.decide or settle)legal controversies is
called .

Question 39

If a defendant in a civil case ignores a complaint,the plaintiff can then file a cross-complaint.

Question 40

A suit demanding money damages is a matter of equity.

Question 41

Proper reflects a policy of geographic closeness prescribing that a court
trying a suit should be close to where the incident or facts of the suit occurred,or,in the alternative,where the defendant resides.

Question 42

If a defendant does nothing following receipt of the summons and complaint,undoubtedly the plaintiff will obtain a(n)from the court.

Question 43

Personal service of a summons on the defendant who is within the boundaries of the state where the court sits is the most common way to obtain jurisdiction.

Question 44

is the questioning of prospective jurors to expose bias as a possible basis for
disqualification from selection for service.

Question 45

In English medieval history,certain types of cases were decided by chancellors rather than in the king's court.These were called matters in .

Question 46

A(n)is a document served on a defendant in a civil case,together with a(n)
.It tells the defendant to respond or risk losing the lawsuit without further
notification.

Question 47

Walter sues Jaime because Jaime failed to show up at the soccer game.In response to Walter's complaint Jaime files a demurrer.This pleading means that Jaime

A)attended the soccer game.
B)does not understand what Walter is suing for and is seeking clarification from the court.
C)is saying that Walter selected the wrong court and Jaime is seeking to change venue.
D)claims that even if the facts are all true,Walter has no legal injury that the law will compensate.

Question 48

jurisdiction may exist when a plaintiff is a citizen of one state and the
defendant is a citizen of another state,or when one party is a foreign country or a citizen of a foreign country and the other is a citizen of the United States.

Question 49

In a civil trial,the burden of proof is usually

A)higher than in a criminal trial because of relaxed evidence rules.
B)less than in a criminal trial unless in federal court.
C)unimportant compared to the need for privacy.
D)a preponderance of the evidence.

Question 50

and are the most common types of discovery
procedures.

Question 51

A(n)is the expressed opinion of the jury.

Question 52

A Washington resident seeks jurisdiction over a Montana resident who was involved in an automobile accident while driving in Washington.The Washington resident may seek appropriate jurisdiction in the Washington court over a Montana resident through use of a(n)
.

Question 53

In the Trustees of Columbia University v.Jacobsen,Jacobsen

A)lost by default.
B)had a summary judgment granted against him.
C)appealed the case based on jury misconduct.
D)won the case.

Question 54

The burden of proof in a civil case is and it is generally imposed on the
plaintiff who seeks or other relief.

Question 55

A(n)requires that particular legal actions be commenced within stated
periods of time.

Question 56

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

A)jury voir dire.
B)jury discovery.
C)jury nullification.
D)the Farmoné rule.

Question 57

If both a federal court and a state court have the power to hear a case,they are said to have
jurisdiction.When cases can be tried only in federal courts or only in state
courts,jurisdiction exists.

Question 58

Fred Arden is tried in a criminal court and found innocent of the charge of theft.Shawn Finister, the victim of the alleged crime,sues Fred in civil court to recover damages for civil conversion.The tort claim involves the same act for which Fred was found innocent in the criminal court.Which of the statements below is false?

A)Although such suits may be brought,plaintiffs seldom do so because criminal defendants are often judgment proof.
B)The civil court filing must be dismissed because of the constitutional right against double jeopardy.
C)Fred could also be sued if he had been found guilty.
D)The suit may be brought and recovery is possible in part because the burden of proof is less demanding in a civil trial.

Question 59

Sharon sues Brian to retrieve money she claims she is owed.To successfully pursue a legal action she would need

A)in rem jurisdiction over Brian.
B)in personam jurisdiction over Brian.
C)precedent jurisdiction over Brian.
D)concurrent jurisdiction over Brian.

Question 60

A(n)briefly states the facts that a plaintiff believes justify his or her claim,
the basis for jurisdiction of the court,and the request for damages or other relief.

Question 61

Carlos carelessly ran a red light,and struck Cantwell,a pedestrian,all in full view of several bystanders.When Cantwell sued Carlos for damages,all the witnesses testified that Carlos did indeed run the light.Nevertheless,the jury found Carlos had met his duty of care and therefore was not liable for the injuries.The judge,however,responding to a motion from Cantwell's attorney,
Found Carlos negligent and liable on the basis of the overwhelming evidence presented at trial.Which of the following statements best describes the judge's action?

A)This is illegal,as it would be double jeopardy.
B)This was improper,because the judge cannot overrule a jury.
C)This is proper and is called voir dire.
D)The judge has the power to grant the motion and it is called a judgment n.o.v.

Question 62

One of the major attractions of the typical small-claims court is that

A)cases claiming up to $50,000 in damages can be brought in the court.
B)business firms cannot sue in small-claims court.
C)the proceedings are more informal,and hence more understandable,than typical court proceedings.
D)equitable maxims determine the outcome of the trial.

Question 63

Acting in pro se is

A)refusing to pay an attorney the agreed-upon proper fee.
B)representing one's self in a court proceeding.
C)a Latin phrase meaning "fiduciary responsibility."
D)presenting a case without using persons as witnesses.

Question 64

A discovery tool that is useful to probe the merits of the opponent's case consisting of written questions is called a:

A)interrogatory.
B)demurrer
C)summons.
D)deposition

Question 65

A person in the business of formally delivering legal documents to litigants is known as

A)a court reporter.
B)a marshal.
C)a process server.
D)an attaché.

Question 66

A defendant who is currently unable to pay her or his debts is often referred to as

A)judgment proof.
B)res ipsa loquitur.
C)cross-complainant.
D)incapacitated.

Question 67

Which of the following is an equitable remedy available in a civil proceeding?

A)money damages
B)a fine
C)a jail or prison sentence
D)an injunction

Question 68

Which of the following is not a civil case in equity?

A)an action for dissolution of a marriage
B)an action requesting the court to require compliance with the terms of a contract
C)an action to recover money for breach of an apartment lease contract
D)an action to bar a person from continuing to wrongfully hunt on your private property

Question 69

If both state and federal courts have the authority to hear and decide a case,the matter is said to be one of

A)exclusive jurisdiction.
B)long-arm jurisdiction.
C)in personam jurisdiction.
D)concurrent jurisdiction.

Question 70

Alice is a possible juror in a trial of Carla for the crime of robbery.Alice is questioned as to her knowledge of the defendant and about her general notions of the guilt or innocence of persons accused of crimes.Which of the following motions by Carla's attorney is the best example of one that is both legally correct and tactically appropriate?

A)After Alice states she believes that police never make mistakes,Carla's attorney makes a peremptory challenge to excuse Alice from the jury.
B)After Alice states she believes that police never make mistakes,Carla's attorney makes a challenge for cause to excuse Alice from the jury.
C)After Alice states she is very excited to be selected to serve on a jury,Carla's attorney makes a challenge for cause to excuse Alice from the jury.
D)After Alice states she believes a person is innocent until proven guilty,Carla's attorney makes a peremptory challenge to excuse Alice from the jury.

Question 71

When only a federal court (not a state court)has the power to hear a case it has

A)concurrent jurisdiction.
B)concentrated jurisdiction.
C)in personam jurisdiction.
D)exclusive jurisdiction.

Question 72

Which of the following is a typical expense of civil litigation?

A)discovery costs
B)expert witness fees
C)court costs
D)all of the above

Question 73

The questioning of potential jurors before selection to a particular jury is called

A)certiorari.
B)a deposition.
C)interrogatories.
D)voir dire.

Question 74

A judge in a civil case could overturn a verdict of a jury in response to a motion

A)to dismiss.
B)for stare decisis.
C)for judgment on the pleadings.
D)for a judgment notwithstanding the verdict.

Question 75

Solomon filed a complaint that stated: "I went over to my neighbor Dominquez's house and he refused to let me borrow his hedge trimmer.A possible buyer of my house came over that evening and,when she saw my untrimmed hedges,lost interest in the house.I demand $2,000 from Dominquez,because he would not let me use his hedge trimmer and because of his refusal I did not sell my house." Dominquez's attorney should

A)try and settle the case for something less than $2,000.
B)file a motion to dismiss (demurrer).
C)file an answer to Solomon's complaint.
D)file a cross-complaint for $2,500 in damages.

Question 76

The court system consists essentially of trial courts and appellate courts.Identify the most accurate statement.

A)An appellate court is expected to review errors of factual analysis made by lower trial court juries.
B)An appellate court decision only has value as precedent if the highest court makes the decision in the judicial system.
C)The trial court judge presides over the trial and determines issues of law,and a jury makes findings of fact.
D)A panel of three federal trial court judges hears any dispute where a money damage claim is made in excess of $50,000.Called small claim diversity suits,the judges are authorized to decide issues of fact and law sans (without)jury.

Question 77

Before a court can exercise valid authority over a civil case brought before it

A)the defendant must expressly consent to be sued.
B)the court must have jurisdiction.
C)there must be discovery.
D)there must be a pretrial hearing.

Question 78

Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?

A)The burden of proof required is preponderance of the evidence.
B)The district attorney can make an accusation.
C)The burden of proof required is beyond a reasonable doubt.
D)A unanimous verdict is always required.

Question 79

Which of the following is not a response by a defendant to a plaintiff's initial pleading?

A)complaint
B)answer
C)demurrer
D)motion to dismiss

Question 80

In a criminal case discovery is more limited than in a civil case because of the

A)privilege against discovery.
B)attorney-client privilege.
C)privilege against self-incrimination.
D)greater difficulty in determining facts in criminal cases.