MULTIPLE CHOICE QUESTIONS- CHAPTER 4 (THE JUDICIAL SYSTEM)
A party wishing to have a case reviewed by the U.S. Supreme Court petitions the court for a writ of certiorari a.) true b.) false
true
One of the benefits of a jury trial over a bench trial is that the jury is supposed to represent a cross section of the public while a judge may not. a.) true b.) false
true
When does U.S Supreme Court grant certiorari? a.) when important reasons exist for doing so b.) when the plaintiff and the defendant agree to request it c.) when three of the nine judges agree to grant it d.) when all state appeals have been exhausted
when important reasons exist for doing so
what does the erie doctrine state? a.) when there is no federal question, the substantive law that should be applied by federal courts is the law of the state b.) when there is a federal question, federal common law governs state matters c.) when there is a federal question, the procedural law that should be applied by federal courts is the law of the state d.) when there is no federal question, federal courts should cede jurisdiction to state courts
when there is no federal question, the substantive law that should be applied by federal courts is the law of the state
Which of the following is a true statement about the u.s. court of appeals? a.) Each of the judicial circuits has only one Court of Appeals. b.) They generally exercise original jurisdiction. c.) Most review done by the Court of Appeals is by certiorari. d.) Review by the Court of Appeals is often done with the help of a jury, but a timely request must be made or else a jury trial will be waived.
Each of the judicial circuits has only one Court of Appeals.
Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. Where is this rule to be applied by the federal court system found? a.) Erie Railroad Company v. Tompkins b.) Swift v. Tyson c.) the federal Constitution d.) The Uniform Commercial Code
Erie Railroad Company v. Tompkins
Where, in addition to its appellate function, does the U.S. Supreme Court have original subject-matter jurisdiction in cases? a.) an individual in one state sues an individual in another state b.) There is a question about where an offense actually occurred. c.) One state government sues another state government. d.) An offense occurs on a federally owned facility such as a Post Office or a military installation.
One state government sues another state government.
in a bench trial, what is the role of the judge? a.) they control the entire trial and determines the outcome b.) they forward the relevant evidence to the jury for their evaluation c.) they instruct the jury on what evidence they can consider in their decision making d.) they cannot issue summary judgment
They control the entire trial and determines the outcome.
what does removal jurisdiction involve? a.) a court denying itself jurisdiction over a particular case b.) a case being heard in federal court rather than state court c.) a court demanding a case can be transferred from another court to itself d.) a case being heard in state court rather than federal court
a case being heard in federal court rather than state court
A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction a.) true b.) false
false
The. U.S. Supreme Court and the U.S. Court of Appeals are specifically established by the U.S. Constitution. a.) true b.) false
false
a copyright infringement case can be heard in state court a.) true b.) false
false
after independence, american states largely retained almost all substantive law and legal structures that originated in england. a.) true b.) false
false
appellate courts hear witnesses, determine facts, and apply the law a.) true b.). false
false
approximately 47 percent of filed cases are ultimately resolved by trials a.) true b.) false
false
in civil cases, only the defendant may appeal to a higher court. a.) true b.) false
false
under the erie doctrine, federal courts usually apply state procedural rules. a.) true b.) false
false
venue can be changed at any time during the trial process a.) true b.) false
false
where are corporations considered citizens? a.) in the state where it is incorporated b.) in every state where it does business c.) in the state where the CEO resides d.) in the state where its headquarters is located
in the state where its headquarters is located
what does it mean when a jury returns with a special verdict? a.) it indicates there were unusual circumstances in their decision that influenced their decision b.) it answers specific questions related to the most important factual issues in the case c.) it increases the award to the plaintiff or the penalty to the defendant. d.) it indicates whether it finds for the plaintiff or the defendant.
it answers specific questions related to the most important factual issues in the case
John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months. On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident. Mary wants to bring suit against John for $5,000. In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law? a.) tennessee state court b.) ohio state court c.) u.s. federal court d.) kentucky state court
kentucky state court
Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. The court that would have jurisdiction is a.) california state court b.) texas state court c.) texas federal court d.) california federal court
texas state court
generally speaking, a case can be removed from state court to federal court if: a.) both parties agree the case should be heard in federal court rather than in state court b.) the case is a civil action brought in a state court that could originally have been filed in federal court c.) either the two parties are from different states, or the damages claimed are greater than $75,000. d.) there is no diversity of citizenship
the case is a civil action brought in a state court that could originally have been filed in federal court
which branch(es) of government establishes the courts? a.) the executive branch b.) the administrative branch c.) the judicial branch d.) the legislative branch
the legislative branch
In a jury trial, what is the role of the judge? a.) they determine the outcome of the case b.) they evaluate the evidence presented in the case c.) they decide on questions of fact d.) they decide on questions of law
they decide on questions of law
in which court do the opposing parties establish their positions through a presentation of the facts through the evidence a.) trial court b.) appellate court c.) tit depends on the application of the Erie doctrine d.) Supreme Court
trial court
a bench trial is a trial heard by a judge rather than a jury a.) true b.) false
true
a long- arm statute permits the exercise of personal jurisdiction over nonresident defendants who have sufficient minimum contacts with the forum state a.) true b.) false
true
although each of the states has developed its own structure, substantive laws, rules, and procedures, there is an underlying common law heritage. a.) true b.) false
true
an appellate court bases its decision solely on the theories argued and evidence presented in the lower court. a.) true b.) false
true
because there are no federal common law crimes, all federal criminal actions must be based on federal statutes a.) true b.) false
true
concern about local prejudice is one reason a court might consider a change of venue a.) true b.) false
true
federal courts exercise diversity jurisdiction when a suit between citizens of different states. a) true b.) false
true
if there is no factual dispute between the parties, there is no need for a jury trial. a.) true b.) false
true
