BA 200 ch 3
A trial court generally has three judges who preside in a case.
False
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 !!!!!
Dicta is the:
discussion of a decision
A brief is a witness's testimony at trial.
false
A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court.
false
A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.
false
A party can raise new evidence in a case through its brief.
false
A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the suit.
false
A reversible error occurs only when evidence rules were violated.
false
An appellate court reversal requires a unanimous vote by the reviewing judges.
false
An appellate court's role is to take additional evidence after a trial has ended.
false
Decisions of the U.S. Courts of Appeal are reported in the Federal Supplement.
false
Decisions of the federal district court are reported in the Federal Reporter.
false
Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case.
false
If any mistake is made in a case, it is reversible error.
false
In 2008 the number of appeals to the United States Supreme Court dropped to under 6,000 cases for the first time in years.
false
In 2009 the only circuit to be reversed by the Supreme Court 100% of the time was the Nineth Circuit.
false
Justice Sonia Sotomayor is the first Hispanic justice on the Supreme Court and the fifth female justice.
false
Justices of the U.S. Supreme Court are nominated by the President of the United States and are confirmed by Congress.
false
On appeal, respondent is another name for appellant.
false
Oral arguments are not allowed in appellate courts.
false
The International Court of Justice can compel parties to appear before it.
false
The Pecoraro case illustrates that if a person moves among states to commit crimes, jurisdiction becomes so unclear that no court will hear the case.
false
The Supreme Court grants certiorari in about 25% of the cases that are appealed to it. Of that number, nearly all have oral arguments and receive a written opinion from the Court.
false
The U.S. Court of Appeals is a court of original jurisdiction.
false
The U.S. Courts of Appeal use a writ of certiorari process for appeals.
false
The U.S. Supreme Court has no original jurisdiction
false
The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a U.S. firm is involved.
false
The opinions of the U.S. Supreme Court must be unanimous.
false
The principle of stare decisis requires that all similar cases be decided the same way.
false
The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court.
false
U.S. Supreme Court cases are generally heard by three judges.
false
A brief is written by the trial judge.
false I think
When a case is remanded:
it is sent back to the trial court.
A reversible error is:
one that might have affected the outcome of a case.
Case precedent is:
part of the doctrine of stare decisis.
A case that is remanded requires further procedures.
true
A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent.
true
All states have a general trial court of original jurisdiction.
true
An appellate court can require that a new trial be held.
true
An appellate court has the authority to order a new trial.
true
An en banc hearing is one in which all the judges participate.
true
Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings.
true
Federal district courts are courts of original jurisdiction.
true
Federal district courts are the general trial courts of the federal system.
true
Generally, three judges review a case at the court of appeals level in both the state and federal levels.
true
If a plaintiff's home country provides an adequate remedy for a wrong, the case cannot be heard in the United States.
true
In U.S. v. Nichols a federal judge ruled that the attorney-client privilege would apply to officers of a corporation unless the corporation's lawyer made it clear that he or she was representing only the corporation.
true
In personam jurisdiction is the authority of a court over the subject matter of the case.
true
Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.
true
Regional reporters carry the opinions of state appellate and supreme court decisions.
true
Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.
true
Specialty courts exist in both the state and federal systems.
true
State supreme court decisions can be appealed to the U.S. Supreme Court.
true
State supreme courts have original jurisdiction in some circumstances.
true
The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction.
true
The party who appeals a decision is called an appellant
true
There are 13 federal judicial circuits. (MS, LA, TX in circuit 5)
true
True small claims courts do not permit lawyers to represent the parties in the proceedings.
true
U.S. Supreme Court opinions are reported in three different reporter series.
true
When a case is remanded, the lower court must conduct additional proceedings.
true
