002: Chapter 4

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

Each of the judicial circuits has only one Court of Appeals.

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

False

A copyright infringement case can be heard in state court.

False

After independence, American states largely retained almost all substantive law and legal structures that originated in England.

False

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

False

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

False

What does it mean when a jury returns with a special verdict?

It answers specific questions related to the most important factual issues in the case.

Where, in addition to its appellate function, does the U.S. Supreme Court have original subject-matter jurisdiction in cases?

One state government sues another state government.

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. The court that would have jurisdiction is

Texas state court

Generally speaking, a case can be removed from state court to federal court if:

The case is a civil action brought in a state court that could originally have been filed in federal court.

Which branch(es) of government establishes the courts?

The legislative branch

In a bench trial, what is the role of a judge?

They control the entire trial and determines the outcome.

In a jury trial, what is the role of a judge?

They decide on questions of law.

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

Trial court

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

True

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

True

Federal courts exercise diversity jurisdiction when a suit is between citizens of different states.

True

One of the benefits of a jury trial over a bench trial is that the jury is supposed to represent a cross section of the public while a judge may not.

True

What does the Erie doctrine state?

When there is no federal question, the substantive law that should be applied by federal courts is the law of the state.

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

false

What does removal jurisdiction involve?

A case being heard in federal court rather than state court.

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. Where is this rule to be applied by the federal court system found?

Erie Railroad Company v. Tompkins

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

False

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

False

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

False

Where are corporations considered citizens?

In the state where its headquarters is located

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?

Kentucky state court

A long-arm statute permits the exercise of personal jurisdiction over nonresident defendants who have had sufficient minimum contacts with the forum state.

True

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

True

Although each of the states has developed its own structure, substantive laws, rules, and procedures, there is an underlying common law heritage.

True

An appellate court bases its decision solely on the theories argued and evidence presented in the lower court.

True

Because there are no federal common law crimes, all federal criminal actions must be based on federal statutes.

True

If there is no factual dispute between the parties, there is no need for a jury trial.

True

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

When important reasons exist for doing so