Question 1

Land courts, housing courts, and environmental courts are courts of limited, original subject-matter jurisdiction.

Accepted Answer

A) True 
 B)False  True

Question 2

What would one consider when determining an appropriate venue for a case to be heard? Explain your answer fully.

Accepted Answer

When determining an appropriate venue for a case to be heard, there are several factors that should be considered.

First and foremost, the location of the venue is important. It should be easily accessible for all parties involved, including the plaintiff, defendant, witnesses, and legal representatives. This means taking into account the geographical location and transportation options available to ensure that everyone can attend the proceedings without difficulty.

The jurisdiction of the venue is also crucial. The laws and regulations that govern the case will vary depending on the jurisdiction, so it's important to choose a venue where the case can be heard and adjudicated fairly and impartially. This may involve considering the legal precedents, court procedures, and the expertise of the judges in that particular jurisdiction.

Additionally, the facilities and resources available at the venue should be taken into consideration. This includes the courtroom size, technological capabilities, and any special accommodations that may be required for the case, such as interpreters or disability access.

Furthermore, the reputation and track record of the venue should be evaluated. It's important to choose a venue with a history of conducting fair and efficient trials, as well as one that is known for upholding the rule of law and providing a neutral and unbiased environment for legal proceedings.

In summary, when determining an appropriate venue for a case to be heard, it's essential to consider the location, jurisdiction, facilities, and reputation of the venue to ensure that the case can be heard and adjudicated in a fair and impartial manner.

Question 3

The primary trial court in the federal judicial system is called the U.S.Court of Claims.

Accepted Answer

A) True 
 B)False  False

Question 4

Laaperi purchased a smoke detector manufactured by Black & Decker from Sears.One night, a short-circuit occurred in the Laaperi house and an electrical fire broke out.Because the circuit was shorted, the AC-operated smoke detector received no power and did not sound an alarm.As a result, the Laaperis suffered extensive personal injuries and property damages.Laaperi filed a product liability suit under state law.Assume that Black & Decker is incorporated in Delaware and has its principle place of business in Charlotte, North Carolina.Laaperi lives in North Carolina, which is where the fire occurred and the alarm system was purchased.In which court should the plaintiff file suit for alleged damages of over a million dollars?

Accepted Answer

A)   North Carolina state court
B)   North Carolina federal court
C)   Delaware federal court
D)   Any of the above courts would have subject matter jurisdiction, but only the North Carolina courts would have personal jurisdiction.

Question 5

Under our legal system, jurisdiction over the defendant's person rests on three factors: (1) the person's domicile or residence in the place where sued, (2) proper service of process on the person in the place where sued, and (3) the person's consent to the suit.Which of the following would be considered a situation in which a person could give consent to the suit?

Accepted Answer

A)   Defendant makes a general appearance.
B)   The cause of action arises out of doing business in the area of the court's jurisdiction.
C)   Both A and B are true.
D)   None of the above is true.

Question 6

In a jury trial

Accepted Answer

A)   the judge is in charge of decision-making functions.
B)   the jury is in charge of decision-making functions.
C)   the judge and jury share decision-making functions.
D)   decisions were made at the lower court, so neither the judge nor the jury has decision-making functions.

Question 7

Explain the Erie Doctrine and why it is significant to the American legal system.

Accepted Answer

The answer of Explain the Erie Doctrine and why it...

Question 8

Appellate courts hear witnesses, determine facts, and apply the law.

Accepted Answer

A) True 
 B)False

Question 9

A party wishing to have a case reviewed by the U.S.Supreme Court petitions the court for a writ of certiorari.

Accepted Answer

A) True 
 B)False

Question 10

Sludge Inc., a Wisconsin corporation has a website in Wisconsin on which it advertises its wares.The website is accessible in every state.Can a Colorado company that believes Sludge has infringed on its trademark successfully establish a basis for personal jurisdiction if suit is brought in a federal court in Colorado?

Accepted Answer

A)   Yes, because there is diversity of citizenship
B)   Yes, because the website is accessible in every state
C)   Yes, because venue would be appropriate where economic injury occurred
D)   Maybe, if Sludge actively solicits Colorado business on its website, encourages customers to interact via email, promotes its toll-free number within Colorado, receives significant numbers of communications from Colorado, and generates substantial revenue from Colorado customers

Question 11

Ruby is injured in a car accident, which was Bubba's fault.She sued him for $150,000 alleging negligence, which involves a question of state law.Ruby is a citizen of North Carolina, while Bubba is a resident of Tennessee.The accident occurred while both were on vacation in Virginia.Which court could NOT have jurisdiction?

Accepted Answer

A)   A North Carolina state court
B)   A Virginia state court
C)   A Tennessee federal court
D)   A Tennessee state court

Question 12

Judy sues Ralph concerning violations of federal copyright laws in federal court for the northern district of Illinois.Ralph's witnesses are all in southern Illinois, so he would like the case moved.What should he do?

Accepted Answer

A)   Ask to remove the case to state court.
B)   Ask for a change of venue.
C)   Ask for summary judgment.
D)   Petition for a writ of certiorari.

Question 13

Which of the following is a true statement about the U.S.Court of Appeals?

Accepted Answer

A)   Each of the judicial circuits has only one Court of Appeals.
B)   Most review done by the Court of Appeals is by certiorari.
C)   Review by the Court of Appeals is often done with the help of a jury, but a timely request must be made or else a jury trial will be waived.
D)   All of the above are true.

Question 14

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence?

Accepted Answer

A)   Trial court
B)   Appellate court
C)   Supreme Court
D)   It depends on the application of the Erie doctrine.

Question 15

According to the Erie Doctrine

Accepted Answer

A)   a Federal Court is bound by the statutes of the state where it is located.
B)   state and federal courts should arrive at the same results on the same issue of state law.
C)   state judicial decisions have precedence.
D)   All of the above are correct.

Question 16

Explain the organization of the federal court system, including an example of a court at each level.

Accepted Answer

The answer of Explain the organization of the federal court...

Question 17

Concern about local prejudice is one reason a court might consider a change of venue.

Accepted Answer

A) True 
 B)False

Question 18

The U.S.Supreme Court and the U.S.Courts of Appeals are specifically established by the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 19

Venue can be changed at any time during the trial process.

Accepted Answer

A) True 
 B)False

Question 20

When does the U.S.Supreme Court grant certiorari?

Accepted Answer

A)   When six of the nine judges agree to grant it.
B)   When important reasons exist for doing so.
C)   When the plaintiff and the defendant agree to request it.
D)   None of the above is correct.

Exam 4: The Judicial System

Land courts, housing courts, and environmental courts are courts of limited, original subject-matter jurisdiction.

What would one consider when determining an appropriate venue for a case to be heard? Explain your answer fully.

The primary trial court in the federal judicial system is called the U.S.Court of Claims.

In a jury trial

Explain the Erie Doctrine and why it is significant to the American legal system.

Appellate courts hear witnesses, determine facts, and apply the law.

A party wishing to have a case reviewed by the U.S.Supreme Court petitions the court for a writ of certiorari.

Judy sues Ralph concerning violations of federal copyright laws in federal court for the northern district of Illinois.Ralph's witnesses are all in southern Illinois, so he would like the case moved.What should he do?

Which of the following is a true statement about the U.S.Court of Appeals?

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence?

According to the Erie Doctrine

Explain the organization of the federal court system, including an example of a court at each level.

Concern about local prejudice is one reason a court might consider a change of venue.

The U.S.Supreme Court and the U.S.Courts of Appeals are specifically established by the U.S.Constitution.

Venue can be changed at any time during the trial process.

When does the U.S.Supreme Court grant certiorari?