Question 1

Trial courts are courts of original jurisdiction in most cases.

Accepted Answer

A) True 
 B)False  True

Question 2

A case challenging a statute as violating a person's rights under the U. S. Constitution

Accepted Answer

A)  must be heard in a State court. 
B)  must be heard in a federal court. 
C)  may be heard in either State or federal court. 
D)  must be heard in the U. S. Court of Claims. C

Question 3

To render a binding decision in a case, a court must have

Accepted Answer

A)  subject matter jurisdiction. 
B)  jurisdiction over the person. 
C)  either a or b. 
D)  both a and b. D

Question 4

Grand juries

Accepted Answer

A)  are used in only criminal cases. 
B)  are used in only civil cases. 
C)  are used to decide the facts in a case. 
D)  both a and c.

Question 5

Standing

Accepted Answer

A)  requires proof of an injury in fact and of an interest that is directly affected by the challenged action. 
B)  is usually not difficult to establish when challenging the action of an agency under an environmental statute. 
C)  both a and b. 
D)  none of the above.

Question 6

If a person receives a summons and complaint, but fails to appear for hearings or trial, the court may still have jurisdiction over that person and could render a decision affecting his or her rights.

Accepted Answer

A) True 
 B)False

Question 7

One of the common criticisms of the adversary system is that it unfairly benefits the wealthier party.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?

Accepted Answer

A)  standing. 
B)  ripeness. 
C)  case or controversy. 
D)  none of the above (all must be present).

Question 9

Arbitration and mediation are two non-adversarial alternatives to litigation.

Accepted Answer

A) True 
 B)False

Question 10

The attorney-client privilege is designed to encourage the client to tell the truth to his attorney.

Accepted Answer

A) True 
 B)False

Question 11

The purpose of serving the summons and complaint is to

Accepted Answer

A)  give the defendant notice of the pending action against her. 
B)  give the court jurisdiction over the defendant. 
C)  give the court subject matter jurisdiction over the case. 
D)  both a and b.

Question 12

Cases must initially be heard in courts of appellate jurisdiction.

Accepted Answer

A) True 
 B)False

Question 13

Federal judges are appointed, while most state judges are elected.

Accepted Answer

A) True 
 B)False

Question 14

The least adversarial alternative to litigation is arbitration.

Accepted Answer

A) True 
 B)False

Question 15

The federal district court and the court of common pleas have concurrent jurisdiction over

Accepted Answer

A)  cases involving the interpretation of the Constitution. 
B)  most cases requiring the interpretation of a federal statute. 
C)  both a and b. 
D)  none of the above.

Question 16

A right of removal allows the defendant to move a case from the state court system in which it's filed to a federal court system.

Accepted Answer

A) True 
 B)False

Question 17

The voir dire process

Accepted Answer

A)  is supposed to ensure that jurors are not biased. 
B)  allows for removal of potential jurors through both peremptory and for cause challenges. 
C)  both a and b. 
D)  none of the above.

Question 18

Federal judges

Accepted Answer

A)  are appointed by the president with the advice and consent of the Senate. 
B)  are allowed to serve for life, assuming "good behavior." 
C)  are elected. 
D)  both a and b.

Question 19

If a defendant wants to sue a plaintiff, then the defendant should also file a(n) _____ with the answer.

Accepted Answer

A)  counterclaim. 
B)  information. 
C)  either a or b. 
D)  none of the above. He must wait until the plaintiff's case has been decided.

Question 20

Subject matter jurisdiction determines whether a case is heard in state or federal court.

Accepted Answer

A) True 
 B)False

Exam 2: The Litigation Process and Other Tools for Resolving Environmental Disputes

Trial courts are courts of original jurisdiction in most cases.

A case challenging a statute as violating a person's rights under the U. S. Constitution

To render a binding decision in a case, a court must have

Grand juries

Standing

If a person receives a summons and complaint, but fails to appear for hearings or trial, the court may still have jurisdiction over that person and could render a decision affecting his or her rights.

One of the common criticisms of the adversary system is that it unfairly benefits the wealthier party.

Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit?

Arbitration and mediation are two non-adversarial alternatives to litigation.

The attorney-client privilege is designed to encourage the client to tell the truth to his attorney.

The purpose of serving the summons and complaint is to

Cases must initially be heard in courts of appellate jurisdiction.

Federal judges are appointed, while most state judges are elected.

The least adversarial alternative to litigation is arbitration.

The federal district court and the court of common pleas have concurrent jurisdiction over

A right of removal allows the defendant to move a case from the state court system in which it's filed to a federal court system.

The voir dire process

Federal judges

If a defendant wants to sue a plaintiff, then the defendant should also file a(n) _____ with the answer.

Subject matter jurisdiction determines whether a case is heard in state or federal court.