Chapter 3: The American Judicial System, Jurisdiction and Venue

A court that is authorized to initially hear a case is said to have ____ jurisdiction? A. Original B. Appellate C. Trial

A

A state's supreme court's decision is binding on: A. All courts situated in that state B. All state supreme courts C. Trial courts in all states, except Louisiana

A

Federal courts have _____ jurisdiction over all cases in which the United States is a part in the litigation A. Exclusive B. Qualified C. Inclusive D. Limited

A

Federal judges are nominated by the _____, subject to confirmation by the ____ A. President; Senate B. President, house of representatives C. Senate; President D. House of representatives; president

A

If a state court and a federal court have jurisdiction over a case, it is referred to as: A. Concurrent jurisdiction B. Dual Jurisdiction C. A conflict. A state court will never have jurisdiction if a federal court does

A

If an appellate court has denied a petition for an appeal, the ruling of the trial court is said to be _____ on the parties to the case. A. Binding B. Precedent

A

Some courts are referred to as ______ courts because states provide an automatic appeal for the losing party, usually to the state trial court, for decisions from local judges A. Inferior B. Exterior C. Superior D. Interior

A

The general intermediate appellate courts for the federal system is (are) the: A. U.S. Courts of Appeal B. Federal Circuit Court of Appeals C. Court of Appeals for the District of Columbia

A

The party who petitions the court asking for an appeal is called the: A. Appellant B. Appellee

A

_____ refers to a court location to litigate a dispute when courts have concurrent jurisdiction A. Forum B. Venue

A

Select all that apply: Which of the following statements are true regarding precedent? A. Appellate level courts set precedent B. Trial court decisions do not set precedent C. Both trial courts and appellate courts set precedent

A, B

Which two of the following shape the framework and rules that courts use to analyze jurisdiction questions? A. Appellate courts B. Legislatures C. Law review articles D. Department of Justice

A, B

Select all that apply: Trial courts adjudicate disputes through an established procedure in which both parties A. Question witnesses B. Articulate legal arguments C. Must testify for themselves D. Present evidence

A, B, D

Select all that apply: Examples of specialized federal courts include: A. Bankruptcy Court B. Court of Intrastate Trade C. Tax Court D. Family Court

A, C

Select all that apply: The following factors are important in a cost-benefit analysis of pursuing litigation: A. Total possible recovery B. Political support from lobbyists and individual donations C. Any alternative dispute resolution methods D. Reputation among judges in the court system

A, C

Check all that apply: When a court exercises its power of judicial review, it may review: A. Actions of other branches of government B. Actions of the president, but not of congress C. Decision of lower courts

A, D

Select all that apply: State trial courts have either _____ authority to hear a case or _____ authority to hear a particular type of case. A. Limited B. General C. Appellate

A,B

Which of the following are factors to be considered in choosing a forum? A. Time B. Appeals C. Proximity to the plaintiff's residence D. Judges and jury E. Costs

A,B,D,E

When a court applies the rules of law and principles of equity to a dispute, they are said to: A. Adjudicate the dispute B. Review the dispute

A. Adjudicate the dispute

Issues arising under state statues or state common law are adjudicated by: A. State courts B. Administrative courts C. Federal courts D. Constitutional courts

A. State courts

In personam jurisdiction refers to a: A. Courts authority to attach property belonging to the litigant to compel him to appear in court B. Courts authority over the item or real estate in a dispute C. Courts authority over the parties in a dispute

C

Jurisdiction includes authority over the subject matter and: A. the court B. the venue C. the parties D. the settlement

C

State trial court decisions are binding A. On all trial courts within that state B. On all trial courts in all state, except Louisiana C. Only on the parties to the case

C

The origins of federal jurisdiction law are specifically found in _______ in U.S. Constitution A. the tenth amendment B. the Commercce and Compact Clauses in Article I C. the Due Process Clause of the Fifth and the Fourteenth Amendments D. Article III, Section 2

C

To remand a case means to: A. Send it to a higher court for further action to the instructions of the lower court B. Send it to a different trial court for a new trial in a different jurisdiction according to the opinion of the higher court C. Send it back to the lower court for further action according to the instructions of the higher court

C

Select all that apply: State statutes give state trial courts subject matter jurisdiction over all of the following EXCEPT: A. State constitutional issues B. State common law C. federal statues D. matters involving statues E. Federal Constitutional issues

C, E

Select all that apply: In evaluating the fairness and due process requirement, courts ask if the defendant had: A. Been physically within the state at the time of the relevant event B. Any contact within the state C. Minimum contacts with the state D. Purposefully availed himself of the privilege of conducting activities within the state

C,D

Select all that apply: The "judiciary" refers to the: A. System of federal courts only B. System of state courts only C. System of federal courts D. System of state courts

C,D

The "judiciary" refers to: A. The system of federal courts only B. The system of state courts only C. Both federal and state courts

C. Both and federal and state courts

_____ is the term used to refer to a court's legal authority to hear a case A. Precedent B. Venue C. Jurisdiction

C. Jurisdiction

A(n) _____ analysis involves considering the costs of pursuing litigation and the total amount of possible recovery: A. Time-study B. cost-benefit C. executive summary D. Bifurcated summary

Cost-benefit

A determination of the most appropriate location to litigate a dispute is: A. Personal jurisdiction B. Precedent C. Subject Matter Jurisdiction D. Venue

D

An appellate court decision: A. Applies only to the individual case B. Has no impact on other courts C. Doesn't have to be followed D. Creates precedent

D

Federal ______ courts are called the United States courts of appeal A. Inferior B. Supreme C. Trial D. Appellate

D

Federal district courts would not have jurisdiction over which of the following situations? A. The United States is a party B. There is a federal question C. There is a diversity of citizenship if the amount in controversy is large enough D. State constitutional issues are at stake

D

Federal judges are selected by: A. Nomination by the house with the confirmation of the president B. nomination by the president with the confirmation of the house C. nomination by the senate with the confirmation of the president D. nomination by the president with the confirmation of the senate

D

If taxpayer sues the international revenue services, federal court has _____ jurisdiction because the United States is a party A. Conditional B. Qualified C. Inclusive D. Exclusive

D

When a court sends a case back to the lower court from which it came for further action consistent wit instructions from the higher court, the legal term to describe this it to ______ the case A. Adjudicate B. Reverse C. Restore D. Remand

D

With regard to the number of justices on the Supreme Court, the U.S. Constitution A. Specifies 5 justices B. Specifies nine justices C. specifies 4 justices D. does not specify a number

D

The principal federal trial courts are called U.S. ______ courts

District

True or False: The federal trial court system is referred to as the judiciary

False

True or False: A trial de novo is a trial in which new or de novo evidence is added to the evidence from the first trial

False

True or False: All states have trial courts, but only highly populated states have appellate courts

False

True or False: Both trial and appellate courts set precedent

False

True or False: State trial courts create precedent

False

True or False: The U.S. Constitution requires nine member Supreme Court

False

True or False: The federal trial court system is referred to as the judiciary

False

_____ _____ refers to the responsibility of courts to review decisions of lower courts and the actions of other branches of government

Judicial Review

_____ and venue are an important part of business planning for business managers and owners

Jurisdiction

_____ is the legal term for a court's legal authority to hear a case

Jurisdiction

True or False: Some courts are referred to as inferior trial courts because states provide an automatic appeal for the losing party

True

True or False: State trial courts have either general authority to hear a case or limited authority to hear a particular type of case

True

True or False: A court that is authorized to initially hear a case is said to have originial jurisdiction

True

True or False: State trial courts have either general authority to hear a case or limited authority to hear a particular type of case

True

A federal question is one which involves:

a federal statues, federal regulation, federal common law, constitutional issues

If an appellate court _____ the findings of the trial court, then from that point on the appellate court's ruling on that point of law is applied to all future cases

affirms or reverses

If the appellate court denies an appeal, the trial court decision is ______ on the parties in that case.

binding

A discretionary order issued by the United States Supreme Court granting a request to argue an appeal is a write of ______

certiorari

A ______ law system has law that is developed and interpreted by courts in written decisions

common

______ jurisdiction is when more than one court has jurisdiction over the same case

concurrent

A trial _____ ______ is a new trial

de novo

A(n) ______ is the alleged violator in a lawsuit

defendant

In applying a long-arm statute, a court must ensure that exercising jurisdiction over that defendant meets the constitutional requirements of fairness and _____ ______

due process

_____ courts are primarily concerned with national and federal constitutional issues

federal

A(n) ______ refers to a court location to litigate a dispute when courts have concurrent jurisdiction

forum

In order for a case to be heard by the United States Supreme Court, at least _______ of the nine justices must vote in favor of hearing it

four

Courts that are organized into geographic districts and hear many types of cases are called courts of ______ authority

general

Courts which only hear particular types of disputes are called courts of ______ authority

limited

______ contacts are needed to fulfill the fairness and due process requirements when bringing a defendant into the forum state

minimum

Service of the complain is how ______ is obtained over in state defendants

personal jurisdiction

In order for a court to have jurisdiction, it must have both ______ matter jurisdiction and _______ (in personam) jurisdiction

subject, personal

Continuous and _____ contact with a state by the defendant may satisfy the minimum contacts requirement

systematic

All states have two types of courts: state _____ courts and state _____ courts

trial, appellate

The appellant is also known as the _____ party

petitioning

The _____ _____ of an out of state defendant is generally an automatic basis for personal jurisdiction

physical presence

A(n) ______ is the aggrieved party in a lawsuit

plaintiff

A court has personal jurisdiction if the nonresident party agrees to the jurisdiction under the concept of ______ personal jurisdiction A. Voluntary B. Necessary C. Consensual

A

An Australian plaintiff brought his defamation case in an Australian court against Dow Jones and he was successfully able to do so beause: A. the defamatory article was published where and when it appeared on the user's screen in Australia, and this gave Australian court jurisdiction B. Dow Jones gave the plaintiff written permission to have the case heard in Australia and jurisdiction was transferred to the Australian court C. The servers that contained the defamatory comments against him were located in Australia

A

Business owners and managers face this legal risk when engaging in international trade through internet transactions: A. There is uncertainty in determining which nation's law applies when there is an internet transaction update B. Non-U.S. courts always have jurisdiction and their rulings in internet transactions disputes have not been favorable to U.S. business owners

A

For a court to exercise personal jurisdiction over an out-of-state defendant, the defendant must have what type of sufficient contacts? A. Minimum contacts B. Substantive contacts C. Maximum contacts D. Electronic contacts

A

Which of the following requires an injurious effect on a resident on a court's state that was reasonably foreseeable from the defendant's action? A. The effects test B. The zippo test C. The zappo test D. The totality test

A

Select all that apply: What additional activities or contacts did the Costar court rely on when reaching its holding that email communications were enough to establish personal jurisdiction? A. Repeated access to servers B. Telephone communications C. Tortious activities of the parties D. Physicals visits to the forum state

A, B

Along the Zippo standard continuum, this standard is evaluated on a case by case basis to determine if the website in question will create minimum contacts for a defendant: A. Passive B. Interactive C. Integral

B

The ______ _____ of an out of state defendant is generally an automatic basis for personal jurisdiction A. Internet presence B. Physical presence

B

With respect to creating the minimum contacts necessary for personal jurisdiction, an interactive website: A. has been held to be insufficient to create minimum contacts B. Needs to be evaluated on a case by case basis C. Has been held to be sufficient to create minimum contacts

B

A ______ clause is one in which the parties agree in a contract as to the court in which they will litigate any potential disputes under that contract. A. Court selection B. Litigation determination C. Forum selection D. Forum Determination

C

Under the country of _______ standard, courts apply the law of the country in which a defendant's internet servers are located.

Origin

In terms of application of law, the country of ______ approach of increases the risk to a business because, in theory, one would need to have a fundamental knowledge of the laws of each individual county in order to reduce the risk of noncompliance A. Residency B. Origin C. Acclimation D. Reception

D

The internet has allowed businesses to do all of the following except: A. Maximize revenue B. Reach customers C. Build brand recognition D. Shield from liability

D

True or False: As long as a United States business is involved in an internet transaction dispute, there is certainty that United States law will be applied in resolving that dispute

False

Passive

No personal jurisdiction

True or False: Courts settle cases and controversies through a process called adjudication

True

______ is a determination of the most appropriate court location, from a fairness perspective, for litigating a dispute

Venue

Civil Case

Where the defendant resides or is headquartered

Interactive

case by case analysis

Personal jurisdiction is obtained by a court when an individual or a business is served with the _______

complaint

Courts explore whether it was reasonably foreseeable that a defendant's actions would have a negative effect on a resident of the court's state in the ______ test

effects

The effects test states that minimum contacts is satisfied if it is reasonably ________ that a defendant's actions could have an _______ effect on a resident of the court's state.

foreseeable, injurious

A(n) ______ ______ clause is one in which the parties agree in a contract as to the court in which they will litigate any potential disputes under that contract

forum selection

International trade raises questions of which court has ______ over an internet transaction dispute

jurisdiction

Whenever two parties from different nations are involved in a legal dispute, there is usually a question of who has ______ over the matter.

jurisdiction

Integral

minimum contacts established

Along the Zippo continuum, ________ websites do not create minimum contacts, while ______ websites are evaluated on a case by case basis and those websites which are _______ to the business model (such as Amazon) do not create minimum contacts.

passive, interactive, intergral

In the analysis of ______ _______ over an out of state defendant, the exercise of jurisdiction must be fair and reasonable

personal jurisdiction

The Consulting Engineers Corp, court analyzed minimum contacts by considering the:

quality and nature of the contacts

A matter regarding a federal statute or regulation may be called a federal ______ for jurisdictional purposes

question

Select all that apply: Which of the following statements is correct regarding state venue rules?

venue in a civil case is where the defendant lives or is headquartered, the crime is committed

Criminal case

where the incident occured

The ultimate arbiter of federal law is (are) the United States ______ Court(s).

Supreme

A court's jurisdiction over the parties in a dispute is called _____ jurisdiction A. Subject matter B. In personam C. Quasi in rem D. In rem

B

A(n) ______ statute grants a court specific authority over a nonresident defendant due to the defendant's conduct within that state A. In personam B. Long-arm C. Quasi in rem

B

In personam jurisdiction is the court's authority over ______ A. The subject matter of the dispute B. The parties in a legal dispute C. Personal property D. Real property

B

In the _____ effects test, courts explore whether it was reasonably foreseeable that a defendant's actions would have a negative effect on a resident of the court's state A. Detrimental B. Injurious

B

The Court of Appeals for the District of Columbia decides cases: A. of exclusively federal issues, such as patent and trademark cases B. Originating in Washington, D.C.

B

The increasing integration of advanced technology in product and service delivery has made ______ an important part of business planning for business managers and owners A. Venue, not jurisdiction B. Jurisdiction and venue C. Neither jurisdiction nor venue D. Jurisdiction, not venue

B

_____ allows a court to determine title over an object or real estate A. Quasi in rem jurisdiction B. In rem jurisdiction

B

Select all that apply: When a court exercises its power of judicial review, it may review: A. Actions of the President, but not of congress B. Decisions of lower courts C. Actions of other branches of government

B, C

The Supreme Court has jurisdiction over: A. Appeals from state courts regarding important state issues B. Appeals from the U.S. circuit courts of appeals C. Matters of interpretation of federal laws and the U.S. Constitution

B, C

Select all that apply: Courts of limited authority are often confined to a particular type of dispute, such as: A. Criminal cases B. Probate issues C. Employment Discrimination D. Family Law E. Breach of Contract

B, D

Select all that apply: When courts consider the plight of a defendant forced to defend a lawsuit in another state they are looking for the constitutional requirements of: A. The right to a speedy trial B. Fairness C. Due process

B,C

Select all that apply: In order for a court to have jurisdiction over a dispute, it must have: A. Proper venue jurisdiction B. Personal jurisdiction C. Subject matter jurisdiction

B,C

Select all that apply: Courts of general authority are organized into geographic districts and hear many types of cases, such as: A. Probate issues B. Criminal cases C. Breach of contract D. Family law E. Employment discrimination

B,C E

Federal district courts have jurisdiction over cases in which: (Check all that apply.) A. the parties are from the same state and the amount in controversy is over $75,000. B. a person sues a United States government agency, such as the Internal Revenue Service. C. the parties are from different states and the amount in controversy is over $75,000. D. there is a question regarding a federal statute.

B,C, D

Which of the following courts set precedent? A. Trial courts B. Appellate courts

B>

Continuous and systematic contact with a state by the defendant may satisfy the _____ requirement A. Fairness and due process B. Long-arm statute C. Minimum contacts

C

Courts obtain personal jurisdiction over a party by the service of the _____ which puts the party on notice that is being sued A. Quasi in rem B. Long arm statute C. Complaint

C

Even if there is no federal question and the United States is not a party to the litigation, federal courts may have subject matter jurisdiction over cases involving parties from two different states, a situation known as ______ of citizenship A. Conflation B. Universality C. Diversity D. Absolution

C

The U.S. Supreme Courts hears about _______ percent of all the requests for review that it receives

One

A long-arm statute will typically allow a court to obtain jurisdiction over a defendant when that defendant has done which of the following things within that state?

Owns property, transacts business, or injures another

Federal courts have jurisdiction in which of the following situations?

Parties from different states have a contract dispute worth $100,000.