Deck 5: The Court System and

Question 1

Olivia's mother notices that the doll her daughter is playing with has extremely sharp stiletto high heels.She tries to sue the doll manufacturer because her daughter might be injured in the future by the high heels.She cannot do this because she does not have:

A)A substantial controversy
B)A justiciable controversy
C)A reason to sue
D)None of these choices are correct

Answer 1

B

Question 2

Having standing to sue means that:

A)A party has sufficient stake in a matter to justify seeking relief through the court system
B)A party is financially capable of bringing a matter to trial
C)A party is not legally responsible for their actions
D)None of these choices are correct

Answer 2

A

Question 3

A child's parent has standing to sue if his child is injured by a defectively manufactured toy because:

A)The child is a blood relative
B)The child is a minor
C)They love the child
D)None of these choices are correct

Answer 3

B

Question 4

Before a lawsuit can be brought, which of the following requirements must be met?

A)Standing to sue
B)Personal jurisdiction
C)Justiciable controversy
D)Subject-matter jurisdiction
E)All of these choices are correct

Question 5

Megan is injured in a car accident when her brakes fail.Her friend MaryElise is very upset and decides to sue the car manufacturer.MaryElise cannot do this because she does not have:

A)Standing to sue
B)A moral obligation to Megan
C)Right of suit
D)Jurisdiction

Question 6

Which of the following people would have standing to sue in the case of a child being injured by a defective toy?

A)The child's best friend
B)The child's teacher
C)The child's mother
D)All of these choices are correct

Question 7

The authority of a court to hear and decide a specific action or case is known as:

A)Diversity-of-citizenship jurisdiction
B)Federal-question jurisdiction
C)Jurisdiction
D)Venue

Question 8

"Jurisdiction over the thing" is known as:

A)In personam jurisdiction
B)In rem jurisdiction
C)Subject matter jurisdiction
D)Original and appellate jurisdiction

Question 9

Which of the following is true of in personam jurisdiction?

A)A court may generally exercise personal jurisdiction over residents within its geographical area
B)A court may exercise jurisdiction over property that is located within its boundaries
C)Using a long arm statute, a court can exercise personal jurisdiction over nonresidents
D)A court may be limited in the types of cases it can hear
E)A court may generally exercise personal jurisdiction over residents within its geographical area and using a long arm statute, a court can exercise personal jurisdiction over nonresidents

Question 10

Which of the following is American law based on?

A)Case decisions and legal principles that form the common law
B)The federal Constitution
C)State constitutions
D)All of these choices are correct

Question 11

"The power to speak the law" is the literal meaning of the term:

A)Stare decisis
B)Standing to sue
C)Jurisdiction
D)Justiciable controversy

Question 12

is the requirement that an individual must have a sufficient stake in a controversy to justify bringing a lawsuit; in other words, the plaintiff must demonstrate injury or threat of injury.

A)Jurisdiction
B)Venue
C)Standing to sue
D)Justiciable controversy

Question 13

A controversy that is real and substantial, as opposed to hypothetical or academic, is known as:

A)Jurisdiction
B)Venue
C)Standing to sue
D)A justiciable controversy

Question 14

Which of the following are types of jurisdiction?

A)In personam
B)In rem
C)Subject matter
D)Original and appellate
E)All of these choices are correct

Question 15

A controversy that is real and substantial, as opposed to hypothetical or academic is called a:

A)Justiciable controversy
B)Final controversy
C)Real controversy
D)Substantial controversy

Question 16

permits a state to obtain jurisdiction over nonresident defendants, as long as the defendants have "minimum contacts" with the state.

A)Jurisdiction
B)A long arm statute
C)Venue
D)Standing to sue

Question 17

Before any court can hear a case, it must have over the person against whom the suit is brought or over the property involved in the suit as well as over the subject matter.

A)Stare decisis
B)Standing to sue
C)Jurisdiction
D)Justiciable controversy

Question 18

In rem jurisdiction means:

A)Jurisdiction over the thing
B)Jurisdiction in law
C)To speak the law
D)Jurisdiction of subject

Question 19

A state's highest court has jurisdictional authority over:

A)All residents within the state
B)Residents of all bordering states
C)Residents in all counties with more than 5000 people
D)All residents within the state and residents of all bordering states

Question 20

Which of the following is true of in rem jurisdiction?

A)It allows courts to exercise jurisdiction over residents of its geographical area
B)It allows courts to exercise jurisdiction over property that is located within its
C)It is a limitation on the types of cases a court can hear
D)By using a long arm statute, a court can exercise personal jurisdiction over nonresidents

Question 21

Federal courts can hear cases that pertain to the U.S.Constitution, acts of Congress, or treaties, based on:

A)Exclusive jurisdiction
B)Federal-question jurisdiction
C)Diversity-of-citizenship question
D)Concurrent jurisdiction

Question 22

Which Article of the Constitution establishes the boundaries of federal judicial power?

A)Article I
B)Article II
C)Article IV
D)None of these choices are correct

Question 23

In the federal court system, the are trial courts.

A)Local courts
B)District courts
C)Bankruptcy courts
D)Case courts

Question 24

In a case based on diversity of citizenship, a federal court will:

A)Apply state law
B)Apply federal law
C)Apply common law
D)Apply appellate law

Question 25

Attorney Rock files an auto negligence case in the county circuit court.All of the parties are residents of the same state, and the trial will take place before the county court.What type of jurisdiction does the county court have?

A)In rem jurisdiction
B)Diversity jurisdiction
C)Appellate jurisdiction
D)Original jurisdiction

Question 26

Whenever a plaintiff's cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law, then a(n) arises, and the federal courts have subject-matter jurisdiction.

A)Stare decisis question
B)Legal question
C)Federal question
D)Appellate question

Question 27

When Great-Aunt Wilma passes away there is a controversy over the transfer of her assets and debts.The court that hears this case is a(n):

A)Appellate court
B)Estate court
C)Probate court
D)Trial court

Question 28

A state trial court that can hear a variety of different matters, from civil lawsuits to criminal actions, is called:

A)A court of concurrent jurisdiction
B)A court of exclusive jurisdiction
C)A court of limited jurisdiction
D)A court of general jurisdiction

Question 29

A probate court has jurisdiction over:

A)Proceedings concerning the settlement of a deceased person's estate
B)Divorce cases
C)Proceedings concerning child custody
D)All of these choices are correct

Question 30

In a case based on a federal question, a federal court will:

A)Apply state law
B)Apply federal law
C)Apply common law
D)Apply appellate law

Question 31

A court that may only hear cases on certain subject matter is called a court of jurisdiction.

A)Original
B)Appellate
C)Limited
D)General

Question 32

Article III of the Constitution:

A)Establishes the boundaries of federal judicial power
B)Gives unlimited power to the federal courts
C)Gives the state supreme courts authority over federal courts
D)None of these choices are correct

Question 33

In diversity of citizenship cases, the amount in controversy must be:

A)At least $10,000
B)Less than $50,000
C)More than $75,000
D)More than $1 million

Question 34

Cases involving may arise between citizens of different states.

A)Diversity of citizenship
B)Federal questions
C)Diversity of ethnicity
D)All of these choices are correct

Question 35

Which of the following is true regarding subject-matter jurisdiction?

A)It allows a court to exercise personal jurisdiction over residents of a certain geographical area
B)It allows a court to exercise jurisdiction over property that is located within its boundaries
C)It is a limitation on the types of cases a court can hear
D)Using a long arm statute, it allows a court to exercise personal jurisdiction over nonresidents

Question 36

A Wisconsin bank wants to foreclose on a vacation home located in Petosky, Michigan.The vacation home is owned by a resident of Chicago, Illinois.In this situation, a foreclosure action could be brought in the Michigan state court on the basis of the court's jurisdiction.

A)In personam
B)In rem
C)Subject matter
D)Concurrent jurisdiction

Question 37

A court having jurisdiction over proceedings concerning the settlement of a deceased person's estate is called a(n):

A)Bankruptcy court
B)Trial court
C)Probate court
D)Appellate court

Question 38

Which Article of the Constitution establishes the boundaries of federal judicial power?

A)Article I
B)Article II
C)Article III
D)Article V

Question 39

Cases involving diversity of citizenship may arise between:

A)Citizens of different states
B)A foreign country and citizens of a state
C)Citizens of a state and citizens of a foreign country
D)All of these choices are correct

Question 40

A court in which most cases begin and in which questions of fact are examined is called a(n):

A)Bankruptcy court
B)Trial court
C)Appellate court
D)Probate court

Question 41

A change of venue may be required for a trial if:

A)The judge moves to a new state during the trial
B)The defendant cannot receive a fair trial in the original location
C)The plaintiff wishes to move to a more favorable state
D)All of these choices are correct

Question 42

The federal court system consists of which of the following courts?

A)The Superior Court
B)The district court
C)The court of appeals
D)The Supreme Court
E)The district court, the court of appeals, and the Supreme Court

Question 43

Which of the following is true of most state court systems?

A)They have trial courts of limited jurisdiction
B)They have trial courts of general jurisdiction
C)They have intermediate appellate courts
D)They have a highest state court-often called the state supreme court
E)All of these choices are correct

Question 44

is jurisdiction that exists when two different courts have the power to hear the same case, such as when a case can be heard in either a federal or state court.

A)Exclusive jurisdiction
B)Original jurisdiction
C)Appellate jurisdiction
D)Concurrent jurisdiction

Question 45

Federal courts have exclusive jurisdiction in which of the following subject matters?

A)Copyrights
B)Suits against the United States
C)Bankruptcy
D)All of these choices are correct

Question 46

Tim Martin wants to bring a patent-infringement lawsuit against the Widget Manufacturing Company.The only court that can hear patent infringement cases is the federal district court because:

A)Federal and state courts have concurrent jurisdiction
B)Federal district courts have limited jurisdiction over patent and copyright cases
C)Federal district courts have exclusive jurisdiction over patent and copyright
D)The federal district courts are courts of original jurisdiction

Question 47

Courts are developing a sliding-scale standard to determine when the exercise of jurisdiction over an out-of-state party based on is proper.

A)Property within the state
B)Internet business contacts
C)Subject matter
D)Place of residence

Question 48

Jurisdiction that exists when a case can be heard only in a particular court is called:

A)Exclusive jurisdiction
B)Original jurisdiction
C)Concurrent jurisdiction
D)Appellate jurisdiction

Question 49

Diversity-of-citizenship cases filed in the federal district court may arise between:

A)Citizens of foreign countries
B)A state and the federal government
C)Citizens of different states
D)One state against another state

Question 50

Court deadlines are rules.

A)Hard
B)Flexible
C)Optional
D)Soft

Question 51

Federal courts have exclusive jurisdiction in which of the following subject matters?

A)Divorce
B)Adoptions
C)Bankruptcy
D)Divorce and bankruptcy
E)Adoptions and bankruptcy

Question 52

States have exclusive jurisdiction in which of the following subject matters?

A)Divorce
B)Adoptions
C)Bankruptcy
D)Divorce and adoptions
E)Divorce and bankruptcy

Question 53

The concept of venue reflects the policy that:

A)An individual must have a sufficient stake in a controversy before he or she can bring a lawsuit
B)A controversy is real and substantial as opposed to hypothetical or academic
C)The court must have authority before it can take a case, try it, and decide it
D)A lawsuit should be tried in the geographic area in which the parties

Question 54

Federal courts do not have exclusive jurisdiction in which of the following subject matters?

A)Copyrights
B)Suits against the United States
C)Bankruptcy
D)Adoptions

Question 55

The geographic district or location in which a case is tried and from which the jury is selected is called:

A)Jurisdiction
B)Original jurisdiction
C)Venue
D)None of these choices are correct

Question 56

Federal courts have exclusive jurisdiction in which of the following subject matters?

A)Copyrights
B)Adoptions
C)Bankruptcy
D)Copyrights and bankruptcy
E)Adoptions and bankruptcy

Question 57

States do not have exclusive jurisdiction in which of the following subject matters?

A)Divorce
B)Adoptions
C)Bankruptcy
D)Divorce and adoptions
E)Divorce and bankruptcy

Question 58

A federal court would have diversity jurisdiction in which of the following cases?

A)A Michigan resident sues an auto company (a Michigan corporation) for product liability resulting from an auto accident
B)A California resident sues another California resident for negligence as a result of slipping and falling in the home of the second California resident
C)An employee sues an employer for sexual harassment under Title VII of the
D)A driver from New Jersey seeks to recover damages from an auto accident with a driver from New York, and the accident took place in New York

Question 59

When deciding whether a case should be filed in state or federal court, one should:

A)Evaluate the likelihood of winning in each court
B)Evaluate the costs and procedural rules involved in filing in each court
C)Evaluate the length of time it will take each court to decide the case
D)Evaluate the jury pool available for each court
E)All of these choices are correct

Question 60

provides a basis for a federal district court to hear a lawsuit between citizens of different states.

A)Concurrent jurisdiction
B)Federal-question jurisdiction
C)Exclusive jurisdiction
D)Diversity jurisdiction

Question 61

Courts with limited subject-matter jurisdiction are often called:

A)Minor courts
B)Inferior trial courts
C)Little courts
D)Minor courts and inferior trial courts

Question 62

Which of the following is handled in municipal courts?

A)Divorce actions
B)Traffic violations
C)Paternity suits
D)Administration of wills

Question 63

Intermediate appellate courts do which of the following when hearing appeals?

A)Review records
B)Read appellate briefs filed by the parties
C)Listen to the oral arguments presented by the parties' attorneys
D)All of these choices are correct

Question 64

Which of the following is an example of a court of limited jurisdiction?

A)Small claims court
B)Domestic relations court
C)Municipal court
D)All of these choices are correct

Question 65

Appellate courts primarily determine:

A)Questions of law
B)Questions of law and fact
C)Questions of fact
D)All of these choices are correct

Question 66

Which of the following is true of state appellate courts?

A)Appellate courts retry cases
B)There is only one judge on an appellate court
C)Appellate courts review questions of fact
D)Appellate courts defer to a trial court's finding of fact

Question 67

Decisions by the United States Supreme Court are posted on the Court's official Web site at:

A)HYPERLINK "http://www.supremecourt.gov/" www.supremecourt.gov
B)HYPERLINK "http://www.supremedecisions.net/" www.supremedecisions.net
C)HYPERLINK "http://www.supdec.com/" www.supdec.com
D)Supreme Court decisions are not posted online

Question 68

Andy runs a red light and gets a ticket.He claims that the light was still green when he went through.His case will be heard in:

A)Probate court
B)Municipal court
C)Small claims court
D)None of these choices are correct

Question 69

John Doe was convicted of larceny from a building.His attorney believes that evidence admitted against John violates his Fourth Amendment rights.John's attorney presents the case to a(n) for review.

A)Probate court
B)Trial court
C)Bankruptcy court
D)Appellate court

Question 70

The highest appellate court in which of the following states is called the court of appeals?

A)New York
B)Texas
C)Maryland
D)New York and Maryland
E)New York and Texas

Question 71

Which of the following states has two high courts, one for civil cases and one for criminal cases?

A)Texas
B)Montana
C)Alabama
D)Illinois

Question 72

is the power of a court to review cases previously tried in a lower court and to make decisions about them without holding another trial.

A)Original jurisdiction
B)Concurrent jurisdiction
C)Appellate jurisdiction
D)Exclusive jurisdiction

Question 73

A(n) is a legal error at the trial court level that is significant enough to have affected the outcome of the case.

A)Procedural error
B)Litigation error
C)Reversible error
D)Appellate error

Question 74

Which of the following is not handled by a domestic relations court?

A)Divorce actions
B)Child-custody cases
C)Paternity suits
D)Administration of wills

Question 75

The highest appellate court in a state is usually called:

A)The supreme court
B)The final court
C)The high appellate court
D)The ultimate court

Question 76

Which of the following is not an example of a court of limited jurisdiction?

A)Small claims court
B)Domestic relations court
C)Municipal court
D)None of these choices are correct

Question 77

A(n) is the second version of an opinion and may contain corrections not appearing in the initial opinion, but it is still not the final version.

A)Secondary opinion
B)Slip opinion
C)Temporary opinion
D)Extra opinion

Question 78

The function of a trial court is to:

A)Have a judge or jury determine the outcome of factual disputes
B)Have attorneys for each side introduce evidence and present witnesses
C)Allow the attorneys to cross-examine the opposing party and challenge
D)All of these choices are correct

Question 79

The trial court on the federal level is called:

A)The circuit court
B)The district court
C)The Supreme Court
D)The Superior Court

Question 80

A court that reviews decisions made by lower courts, such as trial courts, is called:

A)A probate court
B)An appellate court
C)A bankruptcy court
D)None of these choices are correct