BLAW Ch 4 Test

Appellate courts generally focus on questions of fact, not of law. True False

False

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated. True False

False

Mandatory arbitration clauses in employment contracts are not enforceable. True False

False

The U.S. Constitution expressly gives the power of judicial review to the executive branch of government. True False

False

While Congress was not meeting, the president appointed two members to the National Labor Relations Board. A party adverse to the NLRB asserts that the president's appointment of the two members violated the Recess Appointments Clause of the U.S. Constitution. Which branch of government has authority to decide whether the president's action was constitutional or unconstitutional? The executive branch The legislative branch The judicial branch No branch of government may review the president's actions.

The judicial branch

A long arm statute allows a court to exercise jurisdiction over: -any nonresident defendant. -a nonresident defendant who has minimum contacts with the state in which the court is located. -an in-state resident. -the citizens of any neighboring state.

-a nonresident defendant who has minimum contacts with the state in which the court is located.

A writ of certiorari issued by the U.S. Supreme Court indicates that: -the Court will hear the case. -the Court has ruled a law or government action unconstitutional. -the Court has reached a decision in the case. -the Court has refused to hear the case.

-the Court will hear the case.

A major nonprofit provider of ADR services is the: AAA. SJT. AFL-CIO. FDA.

AAA

A worldwide organization used by many businesses and law firms which resolve many disputes, often with experts in the industry of the dispute is the: American Mediation Association. the U.S. court system. American Arbitration Association. Negotiations, Inc.

American Arbitration Association.

The electronic filing system for the federal court system is called: PACER. ODR. CM/ECF. OYEZ.

CM/ECF.

Dick submits his claim against EZ Sales Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by: Dick only. Dick or EZ. EZ only. neither Dick nor EZ.

Dick or EZ.

In Ed's suit against First National Bank, the discovery phase would include all of the following except: Ed's deposition. Ed's requests for First National's admissions. Ed's complaint. First National's replies to Ed's interrogatories.

Ed's complaint.

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, she is asserting that: Mack's statement of the facts is not true. Mack's statement of the law is not true. Mack did not state a claim for which relief can be granted. Nancy suffered greater harm than Mack.

Mack did not state a claim for which relief can be granted.

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy files a motion to dismiss, and the court grants it: -Mack will have a judgment entered in his favor. -Nancy will be given more time to file another response. -Mack will be given more time to file an amended complaint. -Nancy will have a judgment entered in her favor.

Mack will be given more time to file an amended complaint.

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. If Nancy responds to Mack's complaint by filing a counterclaim: -Mack will have a judgment entered in his favor. -Nancy will be given time to file an amended answer. -Mack will be given time to file a response. -Nancy will have a judgment entered in her favor.

Mack will be given time to file a response.

Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. The sheriff serves Nancy with a summons. If Nancy chooses to ignore it: Mack will have a judgment entered in his favor. Nancy must be served with a second summons. Mack must file an amended complaint. Nancy will have a judgment entered in her favor.

Mack will have a judgment entered in his favor.

Jack and Jill, longtime friends, entered into a contract which could not be completed as anticipated, because of events beyond their control. They want to resolve their dispute without litigation and by agreement as they decide, but believe they need help from someone experienced at resolving such disputes. Which of the following dispute resolution mechanisms would work best for them? Negotiation Mediation Arbitration None of these choices

Mediation

Sophia is an attorney representing Emma in a bankruptcy case. Sophia keeps up-to-date with Emma's case by viewing court documents on her computer using what system? PACER. ODR. CM/ECF. AAA.

PACER

To view federal court records, which were filed through the CM/ECF system, a person may use another system called: ADR. ODR. PACER. OYEZ.

PACER.

Juan took his tuxedo to the dry cleaner to be cleaned before his wedding, but the dry cleaner destroyed the tux, and Juan had to buy a new one for the wedding. If Juan wants to sue the dry cleaners for the loss of his tux, he would most likely file suit in this kind of court, which handles claims for a limited dollar amount, usually $5,000 or less. Traffic court Small claims court Common pleas court A trial court

Small claims court

Which of the following normally is not available in online dispute resolution? -The parties can drop the negotiations at any time. -The service provider makes findings of fact and recommends how a court should proceed. -Negotiating money settlements -Special software keeps secret any offer that is not within a previously agreed-on range.

The service provider makes findings of fact and recommends how a court should proceed.

The U.S. Constitution does not mention the power of judicial review. True False

True

The federal court system does not include the: U.S. district courts. U.S. Chamber of Commerce. United States Supreme Court. U.S. courts of appeals.

U.S. Chamber of Commerce.

Federal cases typically originate in: state trial courts of general jurisdiction. U.S. courts of appeals. local trial courts of limited jurisdiction. U.S. district courts.

U.S. district courts.

Don files a suit in a Florida state court against an out-of-state business, Eagle Sales, Inc., based on a Web site through which Florida residents can do business with Eagle. The court will likely exercise jurisdiction over Eagle if the interactivity of the site is seen as: an "Internet" connection with the state. a "passive" connection with the state. a "neutral" connection with the state. a "substantial" connection with the state.

a "substantial" connection with the state.

The case of Able, Inc. v. Baker is heard in a Connecticut court with original jurisdiction. The case of Charlie v. Delta, Inc. is heard in a Connecticut court with appellate jurisdiction. The difference between original and appellate jurisdiction is whether: -the court is exercising a new type of jurisdiction. -the parties' legal arguments are innovative. -a case is being heard for the first time. -the subject matter of a case involves new facts.

a case is being heard for the first time.

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for: -a federal district court to exercise original jurisdiction. -a U.S. court of appeals to exercise appellate jurisdiction. -any court to exercise in rem jurisdiction. -the United States Supreme Court to issue a writ of certiorari.

a federal district court to exercise original jurisdiction.

n Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury returns a verdict in Fancy's favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for: a judgment on the pleadings. a new trial. a judgment in accordance with the verdict. judgment.

a new trial.

Molly files a suit against Nick. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the parties take part in mandatory negotiations. This is: early neutral case evaluation. a mini-trial. court-ordered arbitration. a summary jury trial.

a summary jury trial.

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court can: -only affirm or reverse all or part of the lower court's decision. -only remand all or part of the lower court's decision. -affirm, reverse, or remand all or part of the lower court's decision. -only reverse or remand all or part of the lower court's decision.

affirm, reverse, or remand all or part of the lower court's decision.

Someday, litigants may be able to use cyber courts, in which judicial proceedings may take place through: email. online chat rooms. online videoconferencing. all of these choices.

all of these choices.

Jan and Sarah entered into a contract, but then fell into a dispute, so the contract was not completed. Jan would like to settle the matter amicably, but Sarah refuses to talk to her. Since they cannot settle the matter themselves, and neither wants to go to court, their best option might be: a mediation. an arbitration. a negotiation. an ADR.

an arbitration.

Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is: litigation. mediation. arbitration. negotiation.

arbitration.

Abigail sues Zeke for defamation. At trial, Abigail and Zeke disagree over whether Zeke made a false factual statement about Abigail's business. The court rules in favor of Abigail's version of events. On appeal, the appellate court will: -challenge the trial court's finding of fact if it is clearly erroneous. -never disturb the trial court's finding of fact. -review the trial court's finding of fact over again without deference. -hear a new testimony about the dispute between Abigail and Zeke.

challenge the trial court's finding of fact if it is clearly erroneous.

When both federal and state courts have the power to hear a case, these courts have: general jurisdiction. subject-matter jurisdiction. concurrent jurisdiction. exclusive jurisdiction.

concurrent jurisdiction.

Nathan, who was served with a complaint and summons, decided not to go to court, believing that if he just refused to go, nothing could happen. Instead, the judgment entered against him was: specific judgment. default judgment. general judgment. federal judgment.

default judgment.

The process of obtaining information from an opposing party prior to going to trial is known as: discovery. appeals. excavation. service of process.

discovery.

Concurrent jurisdiction exists in lawsuits involving: divorce. diversity of citizenship. federal crimes. copyrights.

diversity of citizenship.

Some court clerks post online the schedule of cases to be heard by the court. This schedule is called the: verdict. parties. docket. discovery.

docket.

The CM/ECF system allows attorneys to: -present oral arguments via video conferencing. -interview prospective jurors. -electronically file litigation-related documents in the federal court system. -file arbitration complaints electronically with nonprofit ADR providers.

electronically file litigation-related documents in the federal court system.

A counterclaim is raised by a plaintiff against a defendant's response to a complaint. True False

false

A deposition involves written questions for which written answers are prepared and signed under oath. True False

false

A federal court judge is an elected official. True False

false

A function of the congress is to interpret and apply the law. True False

false

A justiciable controversy is a case in which the court's decision—the "justice" that will be served—will be controversial. True False

false

After a decision is rendered in a case, no party can file an appeal. True False

false

An arbitrator can never render a legally binding decision. True False

false

Appellate court decisions are never posted online. True False

false

In all courts, parties must deliver paper copies of litigation-related documents. True False

false

In all courts, parties must electronically file all copies of litigation-related documents. True False

false

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant. True False

false

No court requires mediation before a case goes to trial. True False

false

No courts have developed electronic courtrooms. True False

false

Only a plaintiff may file a motion for judgment on the pleadings. True False

false

Service of process is the process of obtaining information from an opposing party before trial. True False

false

The U.S. Constitution expressly gives the courts the power of judicial review. True False

false

The U.S. Constitution expressly gives the power of judicial review to the legislative branch of government. True False

false

Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court. True False

false

Venue is the term for the subject matter of a case. True False

false

Voir dire is a process for presenting evidence in a case. True False

false

The body of American law includes: -the executive branch, the legislative branch, and the judicial branch. -judicial review. -federal and state constitutions, statutes, administrative laws, and case decisions. -the U.S. Congress.

federal and state constitutions, statutes, administrative laws, and case decisions.

Possible benefits of cyber courts and cyber proceedings include: greater efficiency and lower costs. fewer cases being filed. fewer appeals being filed. all of these choices.

greater efficiency and lower costs.

Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has: in personam jurisdiction. in rem jurisdiction. diversity jurisdiction. no jurisdiction.

in personam jurisdiction

After Mason loses his negligence case at the federal trial court, he appeals to the U.S. court of appeals and loses again. Mason then appeals to the U.S. Supreme Court, which denies his petition for a writ of certiorari. The effect of this denial: -indicates agreement with the appellate court's opinion. -is valuable as court precedent. -is a decision that decides the strength of the case. -is not a decision on the merits of case.

is not a decision on the merits of case

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch is called: judicial review. a parliamentary review. a reviewable claim. congressional review.

judicial review.

The authority of a court to hear and decide a specific case is referred to as: jurisdiction. minimum contacts. a long arm statute. in personam jurisdiction.

jurisdiction.

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire: -the bailiff organizes the courtroom so that the trial can proceed in a proper fashion. -the attorneys view and discuss pretrial documents obtained during discovery. -jurors are picked from a jury pool. -the attorneys determine the appropriate number of jurors.

jurors are picked from a jury pool.

Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is: litigation. mediation. arbitration. negotiation.

mediation.

Venue refers to the: basis for selecting an attorney. procedure for appealing a case. subject matter of a case. most appropriate location for a trial.

most appropriate location for a trial.

Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as: negotiation. a summary jury trial. mediation. arbitration.

negotiation

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be: -litigation because each party will pay its own legal fees. -mediation because the dispute will be resolved by a non-expert. -arbitration because the case will be heard by a mini-jury. -negotiation because no third parties are needed.

negotiation because no third parties are needed.

The number of justices on the United States Supreme Court is: eight. nine. six. ten.

nine

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point, is referred to as a: question of fact. question of jurisprudence. question of law. question of truth.

question of fact.

In a lawsuit, an issue that must be decided by the judge involving the application or interpretation of a law is referred to as a: question of fact. question of jurisprudence. question of law. question of truth.

question of law.

Inferior Company sells products that are poorly made. Jack, who has never bought or used an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have: jurisdiction. standing. certiorari. sufficient minimum contacts.

standing.

Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is: the complaint. the service of process. the answer. the summons.

the complaint.

The Texas legislature passes a law making it illegal to criticize the governor of Texas. Which body of government could render a decision that this statute violates the U.S. Constitution? The president of the United States The Texas legislature The courts The U.S. Congress

the courts

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is: the president of the United States. the governor of Ohio. the courts. the U.S. Congress.

the courts.

The doctrine of judicial review allows: -the judicial branch to decide whether laws or actions of the other branches of government are constitutional. -the judicial branch to write laws when Congress is unable or unwilling to do so. -the executive branch to revoke court decisions. -the Congress to remove federal judges when their decisions do not follow public policy.

the judicial branch to decide whether laws or actions of the other

The essential role of the judiciary is: to pass legislative statutes. to enforce the law. to interpret and apply the law. to pass laws pursuant to the commerce clause.

to interpret and apply the law.

A court can exercise jurisdiction over all of the property located within the boundaries of the court's geographic area. True False

true

A federal case typically originates in a federal district court. True False

true

A function of the courts is to interpret and apply the law. True False

true

A judge instructs a jury as to the law that applies in a case. True False

true

A lawsuit involving a federal question can originate in a federal court. True False

true

A long arm statute permits a court to exercise jurisdiction over an out-of-state defendant. True False

true

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a judgment in favor of the non-prevailing party. True False

true

A state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state. True False

true

An answer can admit to the allegations made in a complaint. True False

true

Appellate court decisions are often posted online. True False

true

Bankruptcy courts are an example of a federal court with original, but special (or limited), jurisdiction. True False

true

Immediately after announcing its opinions, the U.S. Supreme Court publishes the full text of the opinions on its official Web site. True False

true

State courts are independent of federal courts. True False

true

The Federal Rules of Civil Procedure authorize video-conferencing. True False

true

The U.S. Supreme Court has its own official Web site. True False

true

The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved. True False

true

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority. True False

true

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. True False

true