BLAW 3201 - Test #1: Ch. 3 (Duplechain)

What are the ways that cases may reach the U.S. Supreme Court?

1. Appeal by right. 2. Writ of certiorari.

The "discovery" stage of a trial includes:

1. Production of documents 2. Written interrogatories 3. Depositions

If a court judgment against a defendant is not paid, which of the following is a possible option for the winning party?

1. Requesting the clerk of the court to issue a writ of execution and having the sheriff serve it upon the defendant 2. Bringing an action on the original judgment in another state in which the defendant owns property 3. Garnisheeing the defendant's wages

Which of the following may a U.S. Court of Appeals do in ruling on a case?

1. Reverse or modify the judgment of the lower court. 2. Remand or send it back to the lower court.

Conflict of law rules:

1. are state laws. 2. vary from state to state.

The federal courts have exclusive jurisdiction over:

1. federal criminal prosecutions. 2. trademark and copyright cases.

A pretrial conference:

1. is held to encourage settlement of a dispute without a trial. 2. involves the judge and the attorneys representing the parties to a dispute. The purpose is to simplify the issues in dispute.

The pleadings in a lawsuit include:

1. the complaint 2. the answer

Diversity of citizenship exists when:

1. the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens. 2. a foreign country brings an action against citizens of the United States. 3. the controversy is between citizens of the United States and citizens of a foreign country.

Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky.

Alice can attach Bill's automobile in Ohio to satisfy her court judgment.

A U.S. Court of Appeals is the final step in the appeal process within the federal court system.

FALSE

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

FALSE

A demurrer is a motion filed by a defendant denying the allegations of the complaint.

FALSE

A quorum of the U.S. Supreme Court consists of any three justices.

FALSE

A typical state long-arm statute applies only to nonresident defendants who commit criminal acts in the state.

FALSE

An appeal from a small claims court is taken to the state court of appeals, where a trial de novo is begun.

FALSE

In a typical case before a U.S. Court of Appeals, all the judges of the circuit sit en banc to decide the case.

FALSE

In making conflict of law decisions, judges need not be concerned about choosing what laws to follow since conflict of law rules are the same from state to state.

FALSE

In rem jurisdiction refers to jurisdiction over the person.

FALSE

In the United States, there is never a right to a jury trial in a civil case.

FALSE

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S. Supreme Court.

FALSE

Judges in state courts are always elected by the voters to a life term or retirement.

FALSE

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision, which is binding upon the parties.

FALSE

Stare decisis has no application in a dual court system.

FALSE

The U.S. Supreme Court reviews most cases by way of appeal by right, not by discretionary review.

FALSE

The decisions of the U.S. Court of Appeals are binding on the other federal courts except for the U.S. Supreme Court.

FALSE

The federal courts have jurisdiction over all matters that have not been given exclusively to the state courts by the Constitution or Congress.

FALSE

The federal courts only have jurisdiction to hear cases involving federal law.

FALSE

The jury's verdict in a summary jury trial is always binding on the parties.

FALSE

Venue has to do with which state has jurisdiction over the subject matter of a lawsuit.

FALSE

The U.S. Court of Appeals for the Federal Circuit reviews decisions of:

Patent and Trademark Office

Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which she now wishes to execute. David owns thousands of acres of beach-front property in California. Patricia may execute her judgment in California based on what type of jurisdiction?

Quasi in rem jurisdiction

A quorum consists of how many justices on the U.S. Supreme Court?

Six.

Which is NOT considered to be an alternative method of dispute resolution?

Special verdict.

Which of the following is NOT a way in which a case can reach the U.S. Supreme Court?

Stare decisis

A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.

TRUE

A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear a particular case.

TRUE

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.

TRUE

A directed verdict is a judge's final binding determination on the merits after a jury's verdict.

TRUE

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

TRUE

All states have at least one federal judicial district and some, more populous states have more than one.

TRUE

Attachment jurisdiction is jurisdiction over property.

TRUE

Congress enacted legislation that almost completely eliminated the right to appeal to the U.S. Supreme Court.

TRUE

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

TRUE

Federal courts have limited subject matter jurisdiction.

TRUE

If a defendant fails to respond to a summons, a default judgment will be entered against the defendant for the relief the court determines in a hearing.

TRUE

If a plaintiff in a civil lawsuit wins the case but the defendant does not pay the judgment, the plaintiff may request the clerk to issue a writ of execution. If the writ is returned unsatisfied, certain property of the defendant may be seized by the sheriff and sold to pay the judgment.

TRUE

Often arbitration is preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

TRUE

On appeal, neither party may bring new evidence to the court.

TRUE

Pleadings are a series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses.

TRUE

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

TRUE

The U.S. District Court is the trial level court in the federal court system.

TRUE

The U.S. Supreme Court has original jurisdiction in certain types of cases.

TRUE

The United States Supreme Court is staffed by judges who receive lifetime appointments from the President, subject to confirmation by the Senate.

TRUE

The federal courts and the state courts can have concurrent jurisdiction over the same case.

TRUE

The jury in a jury trial decides issues of fact.

TRUE

The purpose of pleadings is to give notice and to establish what issues of fact and law are disputed.

TRUE

The purpose of venue is to regulate the distribution of cases within a specific court system and to identify a convenient forum.

TRUE

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files a lawsuit regarding the land in Kansas and Baker objects, claiming the Kansas courts have no jurisdiction in the case.

The Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York. His damages amount to $75,000, and he wants to sue.

The case can be brought in either the New York state courts or the New York federal court.

The procedural stage of a lawsuit after the pleadings but before trial is:

The pretrial stage, including discovery.

Janet's husband, Paul, is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news. The defendant asks the judge to excuse Paul from serving on the jury and the judge agrees.

This is a valid challenge for cause.

Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury.

This is a valid peremptory challenge.

To resolve a lawsuit, a court must have how many different types of jurisdiction?

Two.

An example of a special court in the federal judicial system is the:

U.S. Court of Federal Claims.

A decision of the Supreme Court of Washington would always be binding on:

a state trial court in Washington.

The decision of an arbitrator is called a(n):

award.

Midway Corporation is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much of its business in California. For purposes of diversity of citizenship, Midway is a resident of:

both Delaware and Minnesota.

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

conciliation.

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

demurrer.

When a federal court hears a case solely under ____ jurisdiction, no federal question is involved.

diversity of citizenship

In diversity of citizenship cases, federal courts apply:

federal procedural and state substantive law.

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court:

if the amount in controversy is over $75,000.

When a trial is conducted with a jury, the judge determines issues of ____ and the jury determines questions of ____.

law, fact

Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

made a contract in State A.

State trial courts of general jurisdiction:

may be called county, district, common pleas, or superior courts.

Personal jurisdiction:

may be obtained by personally serving a person within a state if that person is domiciled in that state.

On a federal question, a decision of the Sixth Circuit Court of Appeals:

may be persuasive but is not binding on a Tennessee court.

If the judge denies a defendant's ____, then the defendant has the opportunity to present evidence. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

motion for a directed verdict

When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case, the judge grants a:

motion for judgment notwithstanding the verdict.

The U.S. Supreme Court in applying the doctrine of stare decisis is:

not rigidly bound by its own decisions.

Appellate judges can reverse a decision of the trial court:

only where there was an error that prejudiced the decision.

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as ____ jurisdiction.

quasi in rem

With a ____, the jury makes specific written findings on each factual issue; the judge then applies the law to these findings.

special verdict

A traffic offense, such as a speeding ticket, would be heard by a:

state inferior trial court.

Once a plaintiff has filed a complaint, the clerk of the court issues a ____ to be served on the defendant to provide notice that a suit has been brought.

summons

Bankruptcy cases are heard by:

the U.S. Bankruptcy Courts within the federal court system.

The U.S. Supreme Court reviews most decisions of lower courts by:

the discretionary writ of certiorari.

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law. He would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

writ of certiorari.