BA 200 Ch. 3

A

In personam jurisdiction: a. refers to jurisdiction over the parties in a case. b. can be based on the subject matter of the case. c. is based on constitutional standards of residence. d.

C

The minimum amount required for a federal diversity suit is: a. $10,000. b. $50,000. c. $75,000. d. There is no minimum amount if there is diversity.

B

When a case is remanded: a. it is affirmed. b. it is sent back to the trial court. c. it is completed. d. precedent is not being followed.

C

A lawyer who knows that his client is guilty of a breach of contract: a. must disclose the information to the court. b. commits an ethical violation by representing the client. c. must keep that information confidential. d. both a and b

B

A reversible error is: a. any mistake made in a case. b. one that might have affected the outcome of a case. c. determined during a motion for summary judgment. d. none of the above

B

A small claims court: a. is a court where diversity cases are heard. b. is a court where no attorneys are used. c. is a general jurisdiction court. d.

B

A traffic court: a. is a court of federal jurisdiction. b. is a court of limited jurisdiction. c. is an appellate court from small claims. d. both a and b

C

A writ of certiorari: a. is issued for every case appealed to the U.S. Supreme Court. b. applies only to cases of original jurisdiction. c. is an order issuing a decision to hear a case. d.

B

An appeal of an IRS decision against you on your tax return would be heard in: a. state court. b. tax court. c. Federal District Court. d. U.S. Court of Appeal.

C

An attorney: a. must reveal a client's confession of a crime. b. cannot represent a guilty party. c. must see that his/her client's rights are protected. d. can violate the law to protect a client.

B

At the U.S. Court of Appeals: a. there is a trial by jury. b. there are three judges. c. witnesses are permitted to testify. d. all of the above

D

Case precedent is: a. always followed. b. followed if it is within the state. c. examined in each case and is always followed. d. part of the doctrine of stare decisis. e. none of the above

C

Cosco Chemical, a U.S. corporation, operates a fertilizer plant in Honduras. An explosion at the plant killed 30 workers and injured 573 residents from the surrounding areas. Lawyers for the victims and their families have brought suit in federal district court in Texas, Cosco's state of incorporation and base of operations. The lawyers maintain the suits should be heard in the United States under U.S. standards. Under the law in Honduras, the greatest amount of compensation each victim could recover would be $400. The suit: a. can be properly heard in U.S. federal district court in Texas. b. must be dismissed for lack of a cause of action. c. must be returned to the courts in Honduras. d. can only be heard in the International Court of Justice.

C

Dicta is the: a. rule of law in a case opinion. b. case cite. c. discussion of a decision. d. precedent in a case.

B

During the criminal trial for former Governor Fife Symington of Arizona, an elderly member of the jury told the judge that she felt pressured by the other jurors to find him guilty. The judge removed the woman from the jury and Governor Symington was convicted. Which of the following describes the likely result if the governor appeals? a. There is no reversible error because jury deliberations are not part of the trial or evidence. b. There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror. c. Appellate courts cannot reverse on questions about jury deliberations. d. There can be no reversal of the case absent some error in testimony or jury instructions. e. none of the above

A

During the trial of Dennis Kozlowski, former CEO of Tyco, a juror's identity was revealed and her picture was printed in two newspapers with stories that depicted her as the holdout in the deliberations. The juror received a threat on her life. Requiring the juror to continue and deliberate in these circumstances: a. is reversible error. b. is standard procedure. c. is outlawed by in personam jurisdiction. d. none of the above

B

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit: a. is properly brought in federal court in Vermont because the drivers were residents of different cities. b. is properly brought in Vermont's general trial court. c. is properly brought in U.S. Court of Claims since two U.S. citizens were involved. d. none of the above

C

How many U.S. Courts of Appeal are there? a. nine b. at least one for every state c. thirteen d. none of the above

B

How many federal district courts are there? a. nine b. at least one for every state c. thirteen d. none of the above

C

If a case is reversed and remanded, it: a. is dismissed with no further proceedings. b. is reversed with no further proceedings. c. requires additional hearings or determinations at the trial court level. d. means that the lower court acted unconstitutionally. e. none of the above

A

In the Pecoraro case, jurisdiction was: a. in South Dakota for the Diocese and Nebraska for the other parties. b. in South Dakota for all the parties. c. in South Dakota of all parties but the Diocese who could be sued in Nebraska. d. in Nebraska for all the parties.

C

In the citation 501 F.3d 29, the case can be found on what page? a. 501 b. 3 c. 29 d. There is not enough information given to answer the question.

A

In which of the following cases would there be federal subject matter jurisdiction? a. a case in which the Justice Department is prosecuting for criminal violations of the Sherman Act b. a case in which a Texas resident is suing a Wisconsin company for a refund of $1,000.00 c. a case in which two Arizona partners are suing each other d. a case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws

B

In which of the following courts would a trial for violation of the Foreign Corrupt Practices Act be held? a. state trial court b. federal district court c. U.S. Supreme Court since the case involves foreign jurisdictions d. none of the above

A

In which system are bankruptcy courts located? a. Federal court system b. State court system c. State lesser court system d. Municipal courts e. none of the above

C

Long-arm statutes: a. give state courts automatic jurisdiction over out-of-state defendants. b. have been ruled unconstitutional. c. are simply procedural statutes that still require ?minimum contacts? for use. d. none of the above

A

Mad Hatters, Inc. is a costume store based in Navajo County, Arizona. It has stores in Navajo, Maricopa, Pima and Pinal counties. Xeon Corporation entered into a contract for Mad Hatters to furnish 75 costumes for an ad campaign. Xeon has its headquarters in Maricopa County, but has offices in Pima and Navajo Counties. Xeon has failed to pay for the costumes. Mad Hatters has brought suit in Superior Court, the trial court for Arizona. The county in which the suit is held is a question of: a. venue. b. fact. c. federal jurisdiction. d. none of the above

D

Precedent is not followed when: a. the facts of a case can be distinguished. b. a court believes that a change of law is socially or morally mandated. c. technology changes. d. all of the above

B

Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed several of the suppliers' watch faces on his customers' watches. A strange chemical reaction between perspiration and the faces of the watches caused Ralph's customers to develop rashes and nausea, with some requiring hospitalization. Ralph wishes to bring suit to recover damages ($75,000) from the Escondido supplier. Which of the following statements is true? a. Ralph must bring suit in California to gain jurisdiction over the supplier. b. Ralph has a diversity action that can be brought in federal court. c. Ralph will not be able to bring suit in Arizona because there are no contacts in the state. d. none of the above

C

Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never delivered. Where will Watkins properly file suit? a. federal district court in Montana b. federal district court in Kansas c. state court in Montana d. state court in Kansas

B

Regional reporters: a. are for the federal system. b. include the opinions of state supreme courts. c. include the opinions of the U.S. Supreme Court. d. are the same as the federal reporters.

A

Sandra Laughlin is a reporter for the Philadelphia Tribune. In an article in the Tribune about Michael Jackson, a singer and resident of California, Laughlin wrote an inaccurate statement about the singer's relationship with actress Brooke Shields. The Philadelphia Tribune is a Pennsylvania newspaper owned by a Pennsylvania corporation. If Jackson wishes to file a libel suit (seeking $1 million in damages) against Laughlin and the Tribune, the suit: a. could be properly brought in federal district court. b. must be brought in California. c. must be brought in a state court. d. none of the above

C

Sarah Sajak was sexually harassed at work. She filed a claim with the EEOC under Title 42 of the United States Code. The EEOC has given her a right to sue letter, a requirement for her to be able to bring suit for damages for the harassment. In which court must Sarah file her claim? a. State trial court b. Federal administrative court c. Federal district court d. Federal court of appeals since the agency has heard the case e. none of the above

D

Small claims courts are: a. federal specialty courts. b. also known as probate courts. c. also known as courts of claim. d. part of the state court system.

A

Smitty's is a bait and tackle shop near Lake of the Ozarks, Missouri, owned by Red Smith. Smitty's has a website, www.smittys.com. Smitty's Bait Shop is located in the Adirondacks in New York, owned by Buzz Smith, who also runs a catalogue business. When Buzz tried to get the website, www.smittys.com, for use with his catalogue sales, he discovered Smitty's of Missouri. He filed suit in federal district court in New York for infringement. "Everyone will go to the site and think I don't have catalogue merchandise! I'll lose business." Red says, "I'm in Missouri. How could anyone be confused? And, I don't sell by catalogue or the Internet. And, I'm not going to New York to defend a pointless lawsuit." a. Red is correct, New York has no jurisdiction over him. b. Buzz is correct. Red's Internet site subjects him to New York jurisdiction. c. Neither is correct, the case belongs in state court. d. none of the above

B

Stare decisis is a Latin term meaning: a. "equitable remedy". b. "let the decision stand". c. "private decision". d. "Congressional action".

D

The U.S. Department of Defense (DOD) is bringing suits against several contractors in Iraq who are alleged to have paid kickbacks to military personnel in order to win contracts. The DOD wants portions of the contract prices paid refunded by the contractors. The DOD suits against the contractors: a. must be heard in the U.S. Supreme Court. b. will be heard in the military courts of justice. c. will be appellate level case trials. d. will be heard in federal district court or the court of claims.

B

The U.S. Supreme Court grants certiorari: a. when state courts do not agree on a decision in similar fact patterns. b. when circuit courts do not agree on a decision in similar fact patterns. c. in all cases. d. only on cases tried in federal court.

A

To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a: a. federal district court. b. U.S. Court of Appeals. c. U.S. Court of Claims. d. U.S. Tax Court.

B

ValuJet, Inc. is an airline based in Florida. The airline flies from Florida locations to Atlanta to permit passengers to make connections to other airlines at that major hub. A ValuJet plane crashed just outside of Orlando, Florida, killing all 110 occupants aboard the flight. Among the 110 occupants was a family of 4 from Ohio, returning home from a Florida vacation. If the family's survivors wish to file suit against ValuJet, where would a court have jurisdiction over ValuJet? a. Ohio b. Florida c. Delaware d. none of the above

B

Which case recently held that corporate officers would be covered under attorney-client privilege with the corporation's attorney unless the corporate attorney specifically said he or she represented only the corporation? a. U.S. v. Sony b. U.S. v. Nicholas c. U.S. v. Pecoraro d. U.S. v.Altria

A

Which is not part of the National Reporter System? a. Federal Supplement b. Pacific Reporter c. State supreme court decisions d. both a and c

C

Which label is appropriate for the party appealing a case? a. respondent b. defendant c. appellant d. either a or c

D

Which of the following courts is not a court of original jurisdiction? a. U.S. Supreme Court b. City court c. Federal courts of appeals d. Probate court e. All of the above courts have some form of original jurisdiction.

B

Which of the following is NOT true of long-arm statutes? a. they are state jurisdiction statutes b. they are not subject to federal review c. they vary from state-to-state d. all of the above are not true

D

Which of the following is an example of a reversible error? a. misapplication of the law by the judge b. refusal to allow material testimony c. trial publicity d. a and b only

D

Which of the following is an issue in subject matter jurisdiction determinations? a. the residence of the defendant b. the nature of the controversy c. the amount of the controversy d. all of the above are issues in subject matter jurisdiction

C

Which of the following is not a court of limited jurisdiction? a. probate court b. small claims court c. federal district court d. All of the above are limited jurisdiction courts.

C

Which of the following is not a specialized court in the federal system? a. tax court b. bankruptcy court c. probate court d. All of the above are specialty courts in the federal system.

A

Which of the following is the general trial court of the federal system? a. federal district court b. Court of Claims c. U.S. Court d.

B

Which of the following names apply to the party who appeals the trial court decision? a. respondent b. appellant c. appellee d.

A

Which of the following reports the opinions of federal district courts? a. Federal Supplement b. Federal Reporter c. Federal district court opinions are not reported. d. none of the above

C

Which of the following suits could be properly heard in federal district court? a. a suit between two contracting parties in one state over a UCC interpretation question b. a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington c. a suit challenging the constitutionality of a state's death penalty statute d. all of the above

D

Which of the following would not be a cite for a U.S. Supreme Court opinion? a. 411 U.S. 292 b. 93 S. Ct. 1011 c. 43 L.Ed 2d 33 d. 798 F.2d 1214

B

Which president nominated Sonia Sotomayor to the United States Supreme Court? a. Clinton b. Obama c. H.W. Bush d. G.W. Bush

D

Xcruise.com is an Internet company that sells discount cruises over the Internet to customers throughout the United States. Xcruise.com has one office, located in Fargo, North Dakota. All of Xcruise.com's employees, equipment and boats are located in either Miami or Libya. The Bottonskis, residents of Virginia, bought two first-class tickets on Xcruise.com's Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner buffet. What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover her $123,000 in medical bills? a. Virginia federal district court b. no court in the U.S.; Libya has jurisdiction c. state court only in North Dakota d. federal district court in North Dakota or Florida