Deck 4: The Judicial System

Question 1

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

Answer 1

True

Question 2

A bench trial is a trial heard by a judge rather than a jury.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

Every state court system is organized like the federal court system, per the U.S.Constitution.

Question 7

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

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

Question 8

Which branch(es) of government establishes the courts?

A) The executive branch
B) The legislative branch
C) The judicial branch
D) Both the judicial and the legislative branches

Question 9

In order to have a trial, there must be

A) diversity of citizenship.
B) a factual dispute between the parties.
C) a dispute between the parties regarding the law.
D) an amount in controversy in excess of $10,000.

Question 10

In a jury trial

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 11

A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction.

Question 12

The Erie Doctrine defines how the federal and state courts interact.

Question 13

A trial can happen

A) only before a judge.
B) only before a jury.
C) before either a judge or a jury.
D) None of the above is correct.

Question 14

Approximately 47 percent of filed cases are ultimately resolved by trials.

Question 15

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

Question 16

In civil cases only the defendant may appeal to a higher court.

Question 17

The Court of Common Pleas, found in some states, represents our shared legal history with England.

Question 18

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

Question 19

Under the Erie Doctrine, federal courts usually apply state procedural rules.

Question 20

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

Question 21

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?

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

Question 22

During the early years of our nation, legal systems were greatly influenced by the legal systems of

A) France.
B) England.
C) both France and England.
D) neither France nor England.

Question 23

John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months.On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident.Mary wants to bring suit against John for $5,000.In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law?

A) Tennessee state court
C) Ohio federal court
B) Kentucky state court
D) Kentucky federal court

Question 24

Bensusan Restaurant Corporation owns and operates a popular, large New York City jazz club called the Blue Note.Richard King owns and operates a small cabaret in Columbia, Missouri, also called the Blue Note.King's establishment features live music and attracts its customers from central Missouri.In 1996 King decided to establish a website for the purpose of advertising his cabaret.King included a disclaimer on his website in which he gave Bensusan's club a plug, but made it clear that the two businesses were unrelated.Bensusan brought suit in the federal court alleging that King had infringed on his trademark, which is protected under federal statutory law.Which of the following statements is true?

A) If Bensusan chooses to sue in federal court, the appropriate court for him to file his complaint in would be a federal appeals court.
B) Bensusan must sue in federal court because he is raising a federal question.
C) If Bensusan sues in federal court in New York, the critical inquiry for personal jurisdiction will be whether there is $75,000 in dispute.
D) If the New York federal court dismisses Bensusan's complaint for lack of personal jurisdiction, he could refile his complaint in either state or federal court in Missouri.

Question 25

Which of the following is a TRUE statement?

A) A plaintiff wishing to file suit in federal court, whose claim is based on rights provided her in a federal statute, must satisfy the jurisdictional amount requirement.
B) A citizen of the United States has a constitutional right to have any case tried in a federal court.
C) Where federal jurisdiction is based on diversity of citizenship, no plaintiff and defendant can be domiciled in the same state.
D) None of the above is true.

Question 26

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?

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

Question 27

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?

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 28

The chief function of the U.S.Supreme Court is to act as the final court of review over all cases in the federal courts, as well as over some cases in the state courts.In addition to this review function, the U.S.Supreme Court has original subject-matter jurisdiction in

A) actions between two states.
C) Both A and B are true.
B) actions involving foreign ambassadors.
D) None of the above is true.

Question 29

A case can be removed from state to federal court

A) if there is diversity of citizenship.
B) if a defendant files notice within 30 days after service of the complaint.
C) if there is subject matter jurisdiction.
D) All of the above are correct.

Question 30

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

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 31

Tom Jones and Leonard Woodrock were deep-shaft coal miners in West Virginia, although Leonard lived across the border in Kentucky.Tom purchased a new Corsair, a National Motors car, from Pappy's Auto sales, a local firm in West Virginia.National Motors Corporation is a large auto manufacturer with its main factory in South Bend, Indiana, and incorporated in Kentucky.When Tom was driving Leonard home from the mine, the Corsair's steering wheel inexplicably locked.The car hurtled down a 100-foot embankment and came to rest against a tree, just a mile from the mine, in West Virginia.The Corsair, which cost $21,000, was a total loss.Tom and Leonard suffered damages of $800,000 apiece for personal injuries.They wish to file suit under state tort law.

A) Tom could sue National Motors in federal court, but Leonard could not.
B) As long as Tom could sue National Motors in federal court, Leonard could join his suit and together they could sue the company in federal court.
C) Leonard could sue National Motors in federal court, but Tom would have to file suit in state court.
D) Neither Leonard nor Tom could sue National in federal court.

Question 32

Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern.This rule to be applied by the federal court system is found in

A) the federal Constitution.
C) Erie Railroad Company v.Tompkins.
B) Swift v.Tyson.
D) the Uniform Commercial Code.

Question 33

According to the Erie Doctrine

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 34

Plaintiffs brought suit against the city under federal law, claiming that their civil rights had been violated because the authorities failed to revoke the driver's license of an epileptic, who had caused several accidents, and not revoking it had resulted in personal injury and property damage to other persons prior to his accident with plaintiffs.The plaintiffs in the case could have filed their suit in

A) a state trial court.
B) a federal trial court.
C) either a state or federal trial court.
D) none of the above; it is an administrative action involving the Department of Motor Vehicles in the appropriate state.

Question 35

Betty, a citizen of California, hits Bob with her automobile in Texas.It is her fault and involves a question of state, not federal law.Bob wants to bring a suit against Betty for $21,000 for personal injuries.Which court would have jurisdiction?

A) Texas state court
C) Texas federal court
B) California federal court
D) All of the above

Question 36

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?

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 37

Assume that Sludge has generated several thousand email messages to Colorado as well as 500 contacts, and 10 percent of its sales are from Colorado sources.Which of the following would permit a Colorado court to exercise jurisdiction over the dispute?

A) A court's removal jurisdiction
C) The Erie Doctrine
B) In rem jurisdiction
D) A long-arm statute

Question 38

Corporations are citizens

A) in the state where its headquarters is located.
B) in the state where it is incorporated.
C) in every state where it does business.
D) in the state where the CEO resides.

Question 39

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?

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 40

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

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.

Question 41

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

Question 42

What are the arguments for and against having trial by jury? Given the arguments, do you think we should have trial by jury? Explain your answer fully.

Question 43

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

Question 44

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