2: Courts and Jurisdiction

The ________ established by the United States Congress have limited jurisdiction. A) state supreme courts B) state appeals courts C) special federal courts D) courts of records

C) special federal courts

In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a ________ decision. A) tie B) plurality C) majority D) unanimous

D) unanimous

Which of the following courts are considered as the federal court system's intermediate appellate courts? A) the U.S. Courts of Appeals for Veterans Claims B) the U.S. courts of appeals C) the U.S. district courts D) the U.S. courts of federal claims

B) the U.S. courts of appeals

Decisions of the ________ are final unless a question of law is involved that is appealable to the United States Supreme Court. A) courts of appeals B) courts of records C) highest state courts D) general-jurisdiction trial courts

C) highest state courts

Which of the following is true about a plurality decision of the Supreme Court? A) It settles a case but does not set the precedent for later cases. B) It affirms the decision of the lower court. C) It settles a case and sets the precedent for later cases. D) It causes a case to be reviewed again at a later date.

A) It settles a case but does not set the precedent for later cases.

Which of the following refers to a court's jurisdiction over the parties to a lawsuit? A) in rem B) quasi in rem C) in personam D) sua sponte

C) in personam

How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the president and confirmed by the U.S. Senate. B) They are appointed by the president of the United States. C) They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice of the U.S. Supreme Court.

A) They are nominated by the president and confirmed by the U.S. Senate.

Which of the following refers to an official notice that the U.S. Supreme Court will review a case? A) a writ of certiorari B) stare decisis C) an en banc review D) a sua sponte review

A) a writ of certiorari

A(n) ________ clause refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract. A) choice-of-law B) forum-shopping C) arbitration D) forum-selection

A) choice-of-law

Which of the following refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations? A) federal question cases B) diversity of citizenship cases C) federal crimes cases D) copyrights and trademarks cases

A) federal question cases

Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill? A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment B) file another case against Terry in the Wyoming state court to collect the money against Terry's property C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money D) file a case in the Colorado federal court as this qualifies as a federal question case

A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment

Which of the following refers to the authority of a court to hear a case because of jurisdiction over the property of the lawsuit? A) in rem B) quasi in rem C) private D) en personam

A) in rem

The United States Supreme Court is composed of ________ justices. A) nine B) six C) ten D) three

A) nine

Which of the following courts was created by Article III of the U.S. Constitution? A) the U.S. Supreme Court B) the U.S. Tax Court C) the U.S. Court of Appeals D) the U.S. Court of Federal Claims

A) the U.S. Supreme Court

Which of the following courts are the federal court system's trial courts of general jurisdiction? A) the U.S. district courts B) the U.S. Tax Courts C) the U.S. courts of appeals D) the U.S. courts of federal claims

A) the U.S. district courts

In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. A) unanimous B) majority C) plurality D) tie

C) plurality

Altonvista Inc., a company based in California, is sued by a plaintiff from the state of Texas. Which of the following statements would apply to this situation? A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction. B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court. C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court. D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.

B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court.

Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which of the following will be the result of this case? A) The case will be sent to the U.S. Court of Appeals for a review. B) Mary will win the case as she had already won at the U.S. Court of Appeals. C) The case will be reviewed again by the U.S. Supreme Court when all the judges are present. D) Mary will win and the case will set a precedent for later cases.

B) Mary will win the case as she had already won at the U.S. Court of Appeals.

Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court? A) The decisions can be appealed against in the U.S. courts of appeals. B) The decisions do not set precedent for later cases. C) The decision of the lower court is affirmed. D) New evidence and testimony is heard before reaching decisions

B) The decisions do not set precedent for later cases.

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A) U.S. District Court B) U.S. Court of Appeals for the Federal Circuit C) First Circuit Court D) District of Columbia Circuit

B) U.S. Court of Appeals for the Federal Circuit

In which of the following cases do federal and state courts have concurrent jurisdiction? A) bankruptcy cases B) diversity of citizenship cases C) antitrust cases D) patents cases

B) diversity of citizenship cases

Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them

B) hearing appeals from intermediate appellate state courts and certain trial courts

Which of the following are courts that hear matters of a specialized or limited nature? A) general-jurisdiction trial courts B) inferior trial courts C) intermediate appellate courts D) chancery courts

B) inferior trial courts

Which of the following are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts? A) courts of record B) intermediate appellate courts C) inferior trial courts D) state supreme courts

B) intermediate appellate courts

Why do courts need to accomplish service of process? A) to obtain personal jurisdiction over the plaintiff in a lawsuit B) to obtain personal jurisdiction over the defendant in a lawsuit C) to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit D) to obtain jurisdiction over nonresidents who were not served summons within a state

B) to obtain personal jurisdiction over the defendant in a lawsuit

Which of the following refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside? A) jurisdiction B) venue C) res ipsa loquitur D) stare decisis

B) venue

Which of the following is true about a majority decision reached by the U.S. Supreme Court? A) All the judges agree as to the outcome and reasoning used to decide a case. B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case. C) A majority of the justices agree as to the outcome and reasoning used to decide a case. D) An equal number of judges vote for and against the petitioner and the case remains undecided.

C) A majority of the justices agree as to the outcome and reasoning used to decide a case.

Why was the Court of Appeals for the Federal Circuit created? A) It was created to exercise appellate jurisdiction over members of the armed services. B) It was created to hear cases that involve federal tax laws. C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

C) It was created to provide uniformity in the application of federal law in

Bill is trying to sell his house in Oklahoma City to George, who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation? A) The Arkansas state court will hear this case as it has in personam jurisdiction over George. B) The Arkansas state court has in rem jurisdiction to hear this case. C) The Oklahoma state court has in rem jurisdiction to hear this case. D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

C) The Oklahoma state court has in rem jurisdiction to hear this case.

Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court does not grant any oral hearings to the parties.

C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.

The ________ hears cases brought against the United States. A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Federal Claims D) U.S. District Court

C) U.S. Court of Federal Claims

A(n) ________ clause refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract. A) no-contest B) choice-of-law C) forum-selection D) arbitration

C) forum-selection

In which of the following cases do federal courts have exclusive jurisdiction? A) cases involving sales and lease contracts B) federal question cases C) suits against the United States D) diversity of citizenship cases

C) suits against the United States

Donald, a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, a resident of Texas, is soon apprehended. Which of the following is the proper venue to hear this case? A) state court in Louisiana because the plaintiff is from Louisiana B) state court in Texas because the defendant is from Texas C) Oklahoma federal court because the robber has committed a federal crime D) Oklahoma County Court because it is nearest in location to the scene of the crime

D) Oklahoma County Court because it is nearest in location to the scene of the crime

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation? A) She can sue Jeremy on John's behalf, as she has standing to sue. B) She can sue Jeremy, provided that John gives his consent. C) She can file a case in the state court where she will have standing to sue. D) She cannot sue Jeremy as she has no stake in the outcome of the case.

D) She cannot sue Jeremy as she has no stake in the outcome of the case.

Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take? A) Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000. B) Sue can file a case against Jerry in the New York state court as she is a resident of that state. C) Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law. D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

Which of the following statements is true about intermediate appellate courts? A) They hear new evidence and testimony that have come to light after the trial courts have made their decision. B) They do not grant any oral hearings to the parties. C) They have jurisdiction to hear cases of a limited or specialized nature. D) They review either pertinent parts or the whole trial court record from the lower court.

D) They review either pertinent parts or the whole trial court record from the lower court.

Which of the following hears appeals from trial courts? A) the highest state court B) a court of record C) an inferior trial court D) an intermediate appellate court

D) an intermediate appellate court

The geographical area served by each U.S. court of appeals is referred to as a ________. A) district B) county C) range D) circuit

D) circuit

Which of the following refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state? A) in rem B) in personam C) private D) quasi in rem

D) quasi in rem

A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

FALSE

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a dissenting opinion that sets forth his or her reasons for deciding the case.

FALSE

A tie decision by the U.S. Supreme Court sets a precedent for later cases.

FALSE

Antitrust, bankruptcy, patent and copyright cases can be heard by state courts.

FALSE

Federal judges of the U.S. district courts are appointed for 14-year terms.

FALSE

For federal question cases to be brought in a federal court, the dollar amount of the controversy must exceed $75,000.

FALSE

In small claims courts, the parties must be represented by a lawyer.

FALSE

In the U.S. circuit courts of appeals, an en banc review refers to an appeal heard by a three-judge panel.

FALSE

In the United States, each state has only a single district court.

FALSE

Intermediate appellate court decisions are final and cannot be appealed to any higher courts.

FALSE

Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.

FALSE

Parties are not allowed to argue against the imposition of jurisdiction by a court.

FALSE

The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court.

FALSE

The U.S. Supreme Court hears new evidence and testimony that was not previously permitted in the U.S. district court.

FALSE

The decisions of the U.S. Supreme Court can be appealed to higher courts.

FALSE

The federal court must apply federal laws in deciding diversity of citizenship cases.

FALSE

The intermediate appellate courts do not allow the parties to have oral hearings.

FALSE

Where a long-arm statute is present, a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

FALSE

A change of venue may be requested in order to find a jury that is not prejudiced.

TRUE

A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction court or an appellate court.

TRUE

A petitioner must file a petition for certiorari, asking the United States Supreme Court to hear the case.

TRUE

Appeals from the Court of International Trade are heard by the U.S. Court of Appeals for the Federal Circuit.

TRUE

By filing a lawsuit with a court, the plaintiff gives the court in personam jurisdiction over him- or herself.

TRUE

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.

TRUE

General-jurisdiction trial courts can be found in every state.

TRUE

If a plaintiff brings a diversity of citizenship case in state court, it will remain there unless a defendant removes the case to federal court.

TRUE

In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference.

TRUE

In the U.S. courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.

TRUE

No new evidence or testimony is heard in the state supreme courts.

TRUE

Pursuant to the power given to it by Article III of the U.S. Constitution, Congress has established the U.S. courts of appeals.

TRUE

The U.S. Congress gives the Supreme Court discretion to decide what cases it will hear.

TRUE

The decisions handed down by the general-jurisdiction trial courts are appealable to an intermediate appellate court or the state supreme court.

TRUE

The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases.

TRUE

The first 12 circuits of the federal court system are geographical.

TRUE

The highest court in the land is the Supreme Court of the United States, which is located in Washington DC.

TRUE