Deck 3: The Uslegal System and Alternative Dispute Resolution

Question 1

Once a case is in the proper court system,application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

Answer 1

False
Explanation: Once a case is in the proper court system,venue determines which trial court in the system will hear the case.Venue is a matter of geographic location that each state's statutes determine.

Question 2

Either party may appeal a judge's final judgment.

Answer 2

True
Explanation: Either party may appeal the judge's decision on posttrial motions,or on her or his final judgment.Sometimes,both parties appeal the same decision.

Question 3

Conditional federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Answer 3

False
Explanation: Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.Concurrent jurisdiction covers two types of cases: federal-question and diversity-of-citizenship cases.

Question 4

Subject-matter jurisdiction is also known as "in rem" jurisdiction.

Question 5

A federal district court established a "sliding-scale" standard for determining whether a business with Internet connections satisfies the minimum-contacts standard.

Question 6

State courts have the power to hear all cases,including those cases within the exclusive jurisdiction of the federal court system.

Question 7

The term ADR refers to the resolution of legal disputes through litigation.

Question 8

In most states,a party has a certain,limited number of peremptory challenges.

Question 9

Quasi in rem jurisdiction is also known as attachment jurisdiction.

Question 10

A defendant who believes that he or she has a claim against the plaintiff would include a pleading known as a reply with the answer.

Question 11

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.

Question 12

A reply is a formal answer to a motion for summary judgment.

Question 13

The United States circuit courts of appeal are known as courts of last resort.

Question 14

A court need only have one type of jurisdiction to decide any particular case.

Question 15

In Batson v.Kentucky,the United States Supreme Court ruled that gender-based peremptory challenges in civil cases violate the due process clause of the Fourteenth Amendment to the U.S.Constitution.

Question 16

If an appellate judge agrees with the majority's decision but for different reasons,the judge may write a "dissenting" opinion.

Question 17

The justices of the United States Supreme Court serve ten-year terms of appointment,subject to renewal by the advice and consent of the U.S.Senate.

Question 18

A person who has the legal right to bring an action in court has what is known as a conditional privilege.

Question 19

The defendant responds to a complaint with a document formally known as a reply.

Question 20

The United States Supreme Court hears approximately 175 cases per year.

Question 21

Trial courts are courts of ________ jurisdiction.

A)original
B)appellate
C)review
D)summary
E)special

Question 22

An arbitrator is less likely to issue a compromise decision than a judge.

Question 23

If mediation is not successful the parties must resort to litigation,and anything said during mediation can be used as evidence at trial.

Question 24

In order to support the mission of alternative dispute resolution,resolving disputes outside of traditional legal channels,lawyers cannot serve as arbitrators.

Question 25

Courts generally support the use of ADR methods.

Question 26

Which of the following is true regarding state and federal court jurisdiction?

A)State courts begin with exclusive jurisdiction until a federal court intervenes.
B)In all cases,state courts have concurrent jurisdiction with the federal courts.
C)Federal courts begin with exclusive jurisdiction until a state court intervenes.
D)In all cases,state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state.
E)In some cases,state courts have exclusive jurisdiction; in some cases,state courts have concurrent jurisdiction with the federal courts; and state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Question 27

Adult siblings John,Sam,and Andy are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died.The uncle was a resident of Georgia and the land is in Georgia; however,neither John,Sam,nor Andy live there.Which of the following is true regarding jurisdiction over the dispute?

A)A court in Georgia would not have jurisdiction.The case would have to be brought in a state in which at least one of the brothers lives.
B)A court in Georgia would have in rem jurisdiction over the dispute.
C)A court in Georgia would have in personam jurisdiction over the dispute.
D)A court in Georgia would have jurisdiction over the dispute only if all brothers signed a consent form agreeing to bring the case in Georgia.
E)A court in Georgia would have original jurisdiction,but appellate jurisdiction would be in a state in which at least one of the brothers lives.

Question 28

Jim,a Connecticut resident,ran a red light while he was vacationing in California and collided with Amanda's car.Amanda suffered extensive injuries from the accident and successfully sued Jim for $200,000 in a California state court.The California court exercised quasi in rem jurisdiction over Jim's California vacation home by seizing it and selling it for $300,000.What must the court do with the excess proceeds?

A)The court must award the excess proceeds to Amanda.
B)The court must return the excess proceeds to Jim.
C)The court must assign the excess proceeds to the general operating fund of the state of California.
D)The court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California civil court system.
E)Per recent amendment to the California state penal code,the court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California prison system.

Question 29

A case is ripe if a judge's decision is capable of affecting the parties at some point in the foreseeable future.

Question 30

ADR gives businesses less control over the resolution of a dispute.

Question 31

An arbitrator's decision is called an award,but only if the arbitrator orders the defendant to pay the plaintiff monetary compensation.

Question 32

The plaintiff in a lawsuit must provide the defendant with a copy of the complaint and summons.This is referred to as ________.

A)summons issuance
B)service of process
C)service delivery
D)subpoena delivery
E)in personam service

Question 33

Mediators are selected on behalf of the parties by the courts.

Question 34

________ statutes enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction.

A)Minimum contact
B)Significant contact
C)Long-arm
D)In rem
E)Quasi in rem

Question 35

The defendant in a state action must transfer the case to federal court if there is concurrent jurisdiction.

Question 36

Med-arb is a dispute resolution process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,to move on to mediation.

Question 37

Which of the following is a question of fact?

A)Whether a vehicle ran a traffic light
B)Whether structured sentencing guidelines apply to the punishment phase of a criminal trial
C)Whether political speech is protected by the First Amendment
D)What is necessary for service of process
E)Whether a vehicle ran a traffic light and what is necessary for service of process

Question 38

If an appellate court concludes that the trial court's ruling was incorrect and remands the case,the appellate court will conduct the new trial or hearing.

Question 39

The federal court system derives its power from the deferential consent of the executive branch of the United States government.

Question 40

According to the federal rules of civil procedure,litigating parties cannot use the results of early neutral case evaluation to settle their case.

Question 41

How many districts are there in the federal court system?

A)50
B)76
C)94
D)100
E)126

Question 42

A defendant uses a(n)________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

A)interlocutory appeal
B)stipulation
C)affirmative defense
D)admission of fact
E)limited appearance

Question 43

What are the trial courts in the federal court system called?

A)U)S.district courts
B)U)S.circuit courts
C)Federal circuit courts
D)Federal jurisdictional courts
E)Preemptory courts

Question 44

Which of the following is required for diversity-of-citizenship?

A)Only that the plaintiff not reside in the same state as the defendant.
B)Only that the plaintiff reside in the same state as the defendant.
C)Only that the controversy concern an amount in excess of $75,000.
D)Only that the controversy concern an amount in excess of $100,000.
E)Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.

Question 45

Which of the following is true regarding state intermediate courts of appeal in state court systems?

A)States only have an intermediate court of appeals if there is no state Supreme Court.
B)In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals.
C)In states that do not have an intermediate court of appeal,there is no right of appeal to any court.
D)All states in the United States have intermediate courts of appeal.
E)Not all states in the United States have intermediate courts of appeal; and in those states,appeals go to the state court of last resort.

Question 46

What is the term of appointment for United States Supreme Court justices?

A)lifetime
B)10 years and renewable,subject to the advice and consent of the United States Senate
C)10 years and nonrenewable
D)4 years and renewable,subject to the outcome of the next presidential election
E)4 years and nonrenewable

Question 47

Assume you know that Robert has told a lie about a friend of yours,Yolanda.You tell Yolanda that she should sue for defamation,but she has no interest in that.Can you sue on behalf of Yolanda?

A)Yes,so long as you give any money received to Yolanda.
B)Yes,but only if Yolanda signs a permission slip at the court.
C)Yes,but only if the dispute is for an amount under $25,000.
D)No,because there is no venue.
E)No,because you have no standing.

Question 48

Once a case is in the proper court system,________ determines which trial court in the system will hear the case.

A)original jurisdiction
B)special jurisdiction
C)in rem jurisdiction
D)quasi in rem jurisdiction
E)venue

Question 49

Which of the following is true regarding federal jurisdiction?

A)There is no exclusive federal jurisdiction in civil matters.
B)If a case falls within federal jurisdiction,it may not also fall within state jurisdiction.
C)Some cases fall within both federal jurisdiction and state jurisdiction,but there is no exclusive federal court jurisdiction.
D)Some cases fall within both federal jurisdiction and state jurisdiction,but that only occurs in criminal matters.
E)Some cases fall within both federal jurisdiction and state jurisdiction,but the federal court system has exclusive jurisdiction over some cases.

Question 50

For purposes of diversity-of-citizenship,where does a corporation reside?

A)The state of incorporation only.
B)The state in which the corporation has its principal place of business only.
C)Both the state in which the corporation has its principal place of business and the state of incorporation.
D)Any state in which the corporation does business.
E)Any state in which the corporation has done business within the last five years.

Question 51

Bob sued Jane over a motor vehicle accident.Bob and Jane settled the case prior to trial for $1,000.The lawsuit is now ________.

A)ripe
B)moot
C)subject to summary judgment
D)suspended without prejudice
E)remanded

Question 52

Over which of the following does the federal court system have exclusive jurisdiction?

A)Admiralty cases and bankruptcy cases,but not federal criminal prosecutions.
B)Admiralty cases and federal criminal cases,but not bankruptcy cases.
C)Federal criminal prosecutions and bankruptcy cases,but not admiralty cases.
D)Diversity cases only.
E)Admiralty cases,bankruptcy cases,and federal criminal prosecutions.

Question 53

A(n)________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

A)default judgment
B)judgment on the pleadings
C)dismissal without prejudice
D)interlocutory appeal
E)judgment notwithstanding the verdict

Question 54

Which of the following is an incorrect statement regarding the United States Supreme Court?

A)The U.S.Supreme Court is the court of last resort in the federal court system.
B)The U.S.Supreme Court hears appeals of cases from the court of last resort in a state court system.
C)The U.S.Supreme Court will not hear cases considering questions of pure state law.
D)On rare occasions,the U.S.Supreme Court functions as a trial court.
E)The U.S.Supreme Court is the final appellate court in the state court system.

Question 55

Billy knows that he can bring his case against Bob in a state court in Tennessee.He is unsure,however,of which county in which to proceed.Which of the following addresses the proper county?

A)In personam jurisdiction
B)Venue
C)Subject-matter jurisdiction
D)Diversity jurisdiction
E)Long-arm jurisdiction

Question 56

Three common discovery tools include:

A)Interrogatories,motions for judgments on the pleadings,and depositions
B)Motions for summary judgment,requests to produce documents,and depositions
C)Requests to produce documents,dismissals with prejudice,and depositions
D)Interrogatories,requests to produce documents,and depositions
E)Interrogatories,depositions,and inquisitions

Question 57

The case-or-controversy requirement ensures that courts do not render ________.

A)summary judgments
B)default judgments
C)advisory opinions
D)dismissals with prejudice
E)dismissals without prejudice

Question 58

Interrogatories are:

A)written questions
B)depositions taken in the state in which the defendant resides
C)depositions taken in the state in which the plaintiff resides
D)in-court testimony given under oath
E)in-court testimony given under affirmation

Question 59

After the discovery process,either party can file a motion for ________.This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts,her only reasonable decision would be in favor of the moving party.

A)dismissal without prejudice
B)summary judgment
C)sanctions
D)judgment notwithstanding the verdict
E)an interlocutory appeal

Question 60

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of ________.This right entitles the defendant to transfer the case to federal court.

A)replevin
B)absolution
C)remand
D)summary judgment
E)removal

Question 61

At a(n)________,attorneys examine a witness under oath with a court reporter present.

A)deposition
B)interrogatory
C)inquiry
D)pre-trial conference
E)pre-trial mediation

Question 62

Which of the following is a type of alternative dispute resolution (ADR)?

A)Consultation
B)Mediation
C)Case argument
D)Case analysis
E)Focus grouping

Question 63

Which of the following is an extension of negotiation?

A)Arbitration
B)Initials
C)Neutral case evaluations
D)Mediation
E)Private trials

Question 64

Billy,a witness to a motor vehicle accident,is gravely ill with cancer.Pat,who was injured in the accident,would like to preserve Billy's testimony for trial in case he dies before the trial date.What should Pat do?

A)Send interrogatories to Billy.
B)Take Billy's deposition.
C)Send a request to admit to Billy that the accident was the defendant's fault.
D)Have a pretrial conference with the judge and Billy.
E)There is nothing Pat can do to preserve Billy's testimony for trial.

Question 65

What is a summary jury trial?

A)An abbreviated trial that leads to a nonbinding jury verdict.
B)An unabbreviated trial that leads to a binding jury verdict.
C)An unabbreviated trial that leads to a nonbinding jury verdict.
D)An abbreviated trial in which only a few witnesses are called to the stand.
E)Both an abbreviated trial that leads to a nonbinding jury verdict and an abbreviated trial in which only a few witnesses are called to the stand.

Question 66

In which of the following do parties select a neutral third party and explain their respective positions to the neutral third party,who then evaluates the strengths and weaknesses of the case?

A)Summary jury trial
B)Minitrial
C)Early neutral case evaluation
D)Private trials
E)Neutral submission

Question 67

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

A)Summary jury trial
B)Minitrial
C)Early neutral case evaluation
D)Private trials
E)Neutral submission

Question 68

When is an arbitrator's decision called an "award"?

A)Always
B)Only if one party wins entirely and there is no split decision
C)Never
D)Only if monetary compensation is involved
E)Only if both parties are represented by legal counsel.

Question 69

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car.On what basis is Amber's testimony objectionable?

A)Amber's testimony is not objectionable because it recounts the statement of an eyewitness.
B)Amber's testimony is hearsay.
C)Amber's testimony is an admission against interest.
D)Amber's testimony constitutes contempt of court.
E)Amber's testimony is based on a conflict of interest.

Question 70

In Hertz Corp.v.Friend,the United States Supreme Court set forth the "________" test as the appropriate test for determining a corporation's principle place of business for the purposes of diversity jurisdiction.

A)quasi in rem
B)nerve center
C)preponderance of the evidence
D)primary business
E)disparate impact

Question 71

Which of the following is an advantage of mediation?

A)Only that it helps disputing parties preserve their relationships.
B)Only those parties to mediation have a high level of autonomy.
C)Only that the mediator solves the dispute if the parties are unable to do so.
D)It helps disputing parties preserve their relationships,and parties to mediation have a high level of autonomy.
E)It helps disputing parties preserve their relationships,parties to mediation have a high level of autonomy,and the mediator solves the dispute if the parties are unable to do so.

Question 72

Which of the following is a reason that an arbitration award may be set aside under the Federal Arbitration Act?

A)The arbitrator failed to make a final and definite award.
B)The award was the basis of fraud.
C)The arbitrator displayed bias.
D)The arbitrator failed to make a final and definite award,the award was the basis of fraud,or the arbitrator displayed bias.
E)None of these,since the United States Congress repealed the Federal Arbitration Act in 1995 as part of its "Contract with America" legislative initiative.

Question 73

Revenge.Jane,a first-year law student,while walking to school in inclement weather,accidentally slipped on ice knocking down Greg,another first-year law student,breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.Greg also decided to sue Jane for negligence,claiming as damages $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Greg sued Jane in state court.Jane,in the same lawsuit,brought an action against Greg for letting the air out of her tire.At trial in state court,Jane told the judge that a friend,Susie,told her that she saw Greg let the air out of Jane's tire.The judge disallowed Jane's testimony on that issue.Susie,however,who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Jane.Greg said that he was not giving up and that he would seek double damages on appeal in federal court.Jane and Greg live in different states when not attending school.After trial,Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg.Jane's action against Greg for the tire is called a(n)________.

A)counterclaim
B)cross-claim
C)third party claim
D)discovery claim
E)service claim

Question 74

What type of dispute resolution process is med-arb?

A)A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration.
B)A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR.
C)A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
D)A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
E)A special type of arbitration that addresses medical malpractice claims.

Question 75

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

A)A binding arbitration clause
B)A non-compete agreement
C)A forum non conveniens clause
D)An in rem clause
E)A quasi in rem clause

Question 76

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance,claiming that the neighbor plays music too late at night.Candy puts Ann on the stand and asks her questions.Candy is involved in which of the following?

A)Direct examination
B)Cross-examination
C)Judicial examination
D)Specific questioning
E)Redirect questioning

Question 77

Which of the following is(are)positive about arbitration?

A)Arbitrators are assigned so parties do not have to select them.
B)Arbitration is generally less expensive than litigation.
C)Arbitrators are not bound by the same rules as judges in recognizing and applying legal precedent.
D)Arbitrators are assigned so parties do not have to select them,and arbitration is generally less expensive than litigation.
E)Arbitrators are not assigned so parties do not have to select them,arbitration is generally less expensive than litigation,and arbitrators are bound by the same rules as judges in recognizing and applying legal precedent.

Question 78

The arbitrator typically provides a decision within ________ days of an arbitration hearing.

A)10
B)25
C)30
D)90
E)120

Question 79

Which of the following is accurate regarding the speed and cost of alternative dispute resolution (ADR)?

A)It is usually faster and cheaper than litigation.
B)It is usually faster,but more expensive,than litigation.
C)It is usually slower and more expensive than litigation.
D)It is usually slower,but less expensive,than litigation.
E)No formal studies have been conducted regarding the speed and cost of ADR,so the answer is unknown.

Question 80

A private trial is an alternative dispute resolution method often referred to as ________.

A)"rent-a-judge"
B)non-binding arbitration
C)non-binding mediation
D)binding mediation
E)"rent-a-cop"