LSTD: Chapter 3 SmartBook

When a court exercises its power of judicial review, it may review:1) decisions of lower courts.2) actions of other branches of government.3) actions of the President, but not of Congress. Multiple choice question.

1 and 2

When reviewing a lower court decision, an appellate court will:1) review the transcripts of the lower court.2) read briefs from the attorneys.3) hear testimony of witnesses.4) listen to oral arguments. 5) evaluate the physical evidence. Multiple choice question.

1, 2, and 4

In determining whether a trial was conducted in accordance with the legal rules and doctrines of that state, an appellate court will:1) review the transcripts of the lower court.2) read briefs from the attorneys.3) hear new testimony.4) consider new evidence. 5) allow the attorneys to engage in oral arguments.

1, 2, and 5

The following factors are important in a cost-benefit analysis of pursuing litigation.

Any alternate dispute resolution methods Total possible recovery

Which courts set precedent?

Appellate courts

Which two of the following shape the framework and rules that courts use to analyze jurisdiction questions?

Appellate courts Legislatures

Where the defendant resides or is headquartered Where the defendant resides or is headquartered

Civil case

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

Concurrent

Examples of specialized federal courts include:

Court of International Trade. Tax Court. Bankruptcy Court.

Where the incident occurred

Criminal case

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

District

______ courts are primarily concerned with national and federal constitutional issues.

Federal

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.

Interactive

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

Jurisdiction

______ is the term used to refer to a court's legal authority to hear a case.

Jurisdiction

The U.S. Supreme Court 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 tort claim worth $80,000. Parties from different states have a contract dispute worth $100,000.

______ allows a court to attach property belonging to the litigant to compel him to appear, even if the court would normally have no personal jurisdiction. Multiple choice question.

Quasi in rem jurisdiction

Federal district courts would not have jurisdiction over which of the following situations?

State constitutional issues are at stake.

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

Supreme

Which of the following statements is true regarding inferior courts?

They typically resolve disputes in an expedited manner. They typically involve disputes of less than $10,000.

The general intermediate appellate courts for the federal system is (are) the

U.S. Courts of Appeal.

______ is a determination of the most fair, or appropriate, court location for litigating a dispute.

Venue

Which of the following statements is correct regarding state venue rules?

Venue in a civil case is where the defendant lives or is headquartered. Venue in a criminal case is where the crime is committed.

______ personal jurisdiction applies when a nonresident party agrees to the jurisdiction of a particular court in a certain state.

Voluntary

A state supreme court's decision is binding on

all courts situated in that state.

The Supreme Court does not have jurisdiction over

appeals from state courts regarding important state issues.

The party who petitions the court asking for an appeal is called the

appellant.

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.

binding

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

binding

The "judiciary" refers to

both federal and state courts.

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

certiorari

A party filing for an appeal must file a petition for writ of __________.

certiorari

The American legal system uses a:

common law system

A(n) __________ analysis involves considering the costs of pursuing litigation and the total amount of possible recovery.

cost-benefit

In personam jurisdiction refers to a

court's authority over the parties in a dispute.

Courts of general authority are organized into geographic districts and hear many types of cases, such as:

criminal cases. breach of contract. employment discrimination

When a court exercises its power of judicial review, it may review:

decisions of lower courts. actions of other branches of government.

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

defendant

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 know as __________ of citizenship.

diversity

With regard to the number of justices on the Supreme Court, the U.S. Constitution

does not specify a number.

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

Federal courts have __________ jurisdiction over all cases in which the United States is a party in the litigation.

exclusive

If a taxpayer sues the Internal Revenue Service, federal court has __________ jurisdiction because the United States is a party.

exclusive

When courts consider the plight of a defendant forced to defend a lawsuit in another state they are looking for the constitutional requirements of:

fairness. due process.

Courts of limited authority are often confined to a particular type of dispute, such as:

family law. probate issues.

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.

forum selection

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

In order for a case to be heard by the U.S. Supreme Court, ______ justices must vote in favor of hearing it.

four

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

State trial courts have either _________ authority to hear a case or _______ authority to hear a particular type of case.

general limited

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.

inferior

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.

injurious

Along the Zippo standard continuum, a(n) ______ website is evaluated on a case by case basis to determine if the website in question will create minimum contacts for a defendant.

interactive

When a court reviews the actions of other branches of government to ensure that these actions are consistent with existing law and the Constitution, this is referred to as

judicial review

Factors that would be considered in choosing a forum include ______ , judges, appeals, costs, and time.

juries

As the name implies, long-arm statutes are intended to allow a court to "reach" into another state and exercise __________ over a nonresident defendant.

jurisdiction

The increasing integration of advanced technology in product and service delivery has made __________ an important part of business planning for business managers and owners.

jurisdiction and venue

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

limited

A(n) ______ statute grants a court specific authority over the defendant due to the defendant's conduct within that state. Multiple choice question.

long-arm

The Supreme Court has jurisdiction over:

matters of interpretation of federal laws and the U.S. Constitution. appeals from the U.S. circuit court of appeals.

Continuous and systematic contact with a state by the defendant may satisfy the ________________ requirement.

minimum contacts

In evaluating the fairness and due process requirement, courts ask if the defendant had:

minimum contacts with the state. purposefully availed himself of the privilege of conducting activities within the state.

The U.S. Constitution requires ______ justices on the Supreme Court.

no specific number of

Federal judges are selected by

nomination by the President with the confirmation of the Senate.

Federal judges are selected by:

nomination by the President. confirmation of the Senate.

State trial court decisions are binding

only on the parties to the case.

The Court of Appeals for the District of Columbia decides cases:

originating in Washington, D.C.

A long-arm statute will typically allow a court to obtain jurisdiction over a defendant when that defendant:

owns property within the state. transacts business within the state's borders.

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

personal jurisdiction

Service of the complaint is how ______ is obtained over in state defendants.

personal jurisdiction

In order for a court to have jurisdiction over a dispute, it must have:

personal jurisdiction. subject matter jurisdiction.

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

Trial courts adjudicate disputes through an established procedure in which both parties

present evidence, question witnesses and articulate legal argument.

Trial courts adjudicate disputes through an established procedure in which both parties:

present evidence. articulate legal arguments. question witnesses.

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

A(n) ______ is when an appellate court sends a case back to the lower court for action consistent with the higher court's construction.

remand

When a court sends a case back to the lower court from which it came for further action consistent with instructions from the higher court, the legal term to describe this is to ______ the case.

remand

To remand a case means to:

send it back to the lower court for further action according to the instructions of the higher court

The Internet has allowed businesses to do all of the following except:

shield from liability

The United States has two levels of courts:

state and federal

State statutes give state trial courts subject matter jurisdiction on:

state constitutional issues. matters involving state statutes. state common law.

Issues arising under state statutes or state common law are adjudicated by:

state courts

All states have __________.

state trial courts and state appellate courts

A state __________ court's decision regarding a matter of state law is final and binding on all courts situated in that state.

supreme

The "judiciary" refers to the:

system of federal courts. system of state Courts.

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

systematic

What additional activities or contacts did the Costar court rely on when reaching its holding that email communications were enough to establish personal jurisdiction?

telephone communications repeated access to servers

The origins of federal jurisdiction law are specifically found in ______ in U.S. Constitution.

the Due Process Clause of the Fifth and the Fourteenth Amendments

Jurisdiction includes authority over the subject matter and:

the parties

A ______ ______ ______ is a new trial.

trial de novo

A determination of the most appropriate location to litigate a dispute is:

venue

A court has personal jurisdiction if the nonresident party has agreed to litigate the dispute in a particular jurisdiction under the concept of ______ personal jurisdiction.

voluntary

A federal question is one which involves:

a constitutional issue. a federal statute. a federal regulation. federal common law.

Federal district courts have jurisdiction over cases in which:

a person sues a United States government agency, such as the Internal Revenue Service. the parties are from different states and the amount in controversy is over $75,000. there is a question regarding a federal statute.