BUSA 2106 Chapter 3

Which of the following phrases most accurately describes the duties of a lawyer in the U.S. court system?

A lawyer is often actively involved in the personal decisions of a client.

Which of the following is a true statement about dissenting opinions written by the justices of the Supreme Court?

Dissenting opinions should not be ignored as they may become vital to law in the future

The Spokeo, Inc. v. Robins case involves legal challenges surrounding the ________.

Fair Credit Reporting Act

The judges who make up the U.S. Supreme Court are known as ________.

justices

Subject matter jurisdiction is defined as ________:

a court's power over the issues involved in a case

Matt damages Cal's house in a motorcycle accident. Cal incurs $120,000 in property damages. To recover his losses, he wants to sue Matt. In this scenario, Cal is most likely to file the initial lawsuit in ________.

a state trial court

One of the reasons U.S. Congress provides for diversity of citizenship jurisdiction is to ________.

guard against state court bias against the nonresident party in a lawsuit

Strict constructivism is also known as ________.

judicial abstention

Courts have held that the existence of diversity of citizenship is determined by the citizenship of the ________.

parties in a case

What is the term for the trial jury that provides the verdict in criminal and civil cases?

petit jury

What is the general name for the courts that review decisions of a lower court?

Courts of appeal

Which of the following Supreme Court Justices is currently the Chief Justice?

John Roberts

Josh crashes his car into Sheila's house. Sheila is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and files a lawsuit at a state trial court. What would have to be different for Sheila to be able to sue Josh in a federal court?

Josh and Sheila must live in different states.

________ refers to the power of a court, at the state or federal level, to hear a case.

Jurisdiction

Which of the following statements is one of the criticisms of the jury system in the United States?

Jurors vote their prejudices.

Which of the following Supreme Court Justices is the most recent nominee to the Court?

Neil Gorsuch

A trial before a jury makes up only a small portion of the cases heard in the U.S. court system.

TRUE

Attorney-client privilege can be applied to communications made to an attorney's employees in certain cases.

TRUE

The U.S. Supreme Court's decision in Spokeo, Inc. v. Robins shows us that there is potential for privacy class actions where a plaintiff can demonstrate concrete and particular harm.

TRUE

The trial judge renders decisions that deal directly with people in conflict.

TRUE

Which constitutional amendments provide for the right to a jury trial in both criminal and civil cases?

The Sixth and Seventh Amendments

Which of the following statements is true of the role of judges in U.S. courts?

They apply the law to the facts of a case.

In the context of state courts, which of the following statements is true of reviewing courts?

They are essentially concerned with questions of law.

Which of the following statements is true of the federal district courts?

They cannot retry judicial errors charged against a state court.

Which of the following statements is true of the role of jurors in U.S. courts?

They determine the facts from conflicting evidence.

A key provision of the Fair Credit Reporting Act requires ________.

credit reporting agencies to follow procedures that will assure the maximum accuracy of information

Judicial review is the power of ________.

the courts to review laws passed by the legislative body and to declare them to be unconstitutional

In the federal system, the U.S. constitution gives the power to appoint federal judges, including Supreme Court justices, to ________.

the president

In determining the jurisdiction of a corporation, what two factors are considered?

the state of incorporation and the state where it has its principal place of business

A lawyer's first duty is ________.

to the administration of justice

A lawsuit is initiated at the ________ level in the court system.

trial court

Small-claims courts ________.

usually do not require the services of a lawyer