Question 1

The U.S.Constitution directly established which federal court(s)?

Accepted Answer

A)  the U.S. Supreme Court 
B)  federal district courts 
C)  the U.S. Supreme Court and federal district courts 
D)  the U.S. Supreme Court and federal courts of appeal 
E)  the U.S. Supreme Court, federal courts of appeal, and federal district courts 
A)  the U.S. Supreme Court 
B)  federal district courts 
C)  the U.S. Supreme Court and federal district courts 
D)  the U.S. Supreme Court and federal courts of appeal 
E)  the U.S. Supreme Court, federal courts of appeal, and federal district courts

Question 2

If the United States Supreme Court decides to review a case,it issues a ________.

Accepted Answer

A)  petition for certiorari 
B)  writ of certiorari 
C)  petition of absolution 
D)  writ of absolution 
E)  writ of sedition 
A)  petition for certiorari 
B)  writ of certiorari 
C)  petition of absolution 
D)  writ of absolution 
E)  writ of sedition

Question 3

The main office of the 9th Circuit of the United States Court of Appeals is located in Washington,D.C.

Accepted Answer

A) True 
 B)False

Question 4

Jan,a resident of Delaware,owns and operates a prominent building construction firm specializing in residential home building in Kent County Delaware and Prince Georges County,Maryland.She is in the news a lot and is frequently sued by customers for substandard work.Her reputation is not very high amongst the general populace.While driving to the store in her personal car,she collides with Pat,a resident of Maryland who is severely injured.Pat's brand new $250,000 Lamborghini is totaled and Pat has medical bills that total $65,000.The accident occurred in Dover,Delaware.Pat wants to file a lawsuit for the damages to his car and for his medical bills but doesn't know which court to file in.What are Pat's options and what issues attach to each choice? What might Jan's options be and why? Disregard any possible insurance issues.

Accepted Answer

Pat has a number of choices and may do s

Question 5

Diversity of citizenship occurs if a lawsuit involves: 1)citizens of different states; or 2)a citizen of a state and a citizen or subject of a foreign country.

Accepted Answer

A) True 
 B)False

Question 6

Two friends,Mary and Dean,are hiking in the Colorado mountains when a dog being walked by its owner,Wally,who is from Wyoming,bites Dean,causing injury.Mary was not disturbed physically or emotionally,but wants Dean to sue Wally.Dean does not want to incur the cost.Which of the following is true?

Accepted Answer

A)  Mary does not have standing to sue Wally, the owner of the dog. 
B)  Mary will have standing only if she files the lawsuit in Wyoming. 
C)  Whether Mary has standing depends on whether Mary files the suit in state or federal court. 
D)  Mary has standing if Dean consents to Mary filing the suit. 
E)  Mary has standing if Wally agrees she can sue instead of Dean. 
A)  Mary does not have standing to sue Wally, the owner of the dog. 
B)  Mary will have standing only if she files the lawsuit in Wyoming. 
C)  Whether Mary has standing depends on whether Mary files the suit in state or federal court. 
D)  Mary has standing if Dean consents to Mary filing the suit. 
E)  Mary has standing if Wally agrees she can sue instead of Dean.

Question 7

A petitioner who wants the U.S.Supreme Court to hear a case must file a petition for certiorari.

Accepted Answer

A) True 
 B)False

Question 8

The dollar amount of the controversy must exceed $75,000 for diversity jurisdiction in federal court.

Accepted Answer

A) True 
 B)False

Question 9

Quasi in rem jurisdiction is jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

Accepted Answer

A) True 
 B)False

Question 10

The Circuit Courts of Appeal usually hear cases as a three-judge panel.

Accepted Answer

A) True 
 B)False

Question 11

There are ________ United States District Courts.

Accepted Answer

A)  Seventy-eight (78) 
B)  Eighty-one (81) 
C)  Ninety-one (91) 
D)  Ninety-four (94) 
E)  Ninety-eight (98) 
A)  Seventy-eight (78) 
B)  Eighty-one (81) 
C)  Ninety-one (91) 
D)  Ninety-four (94) 
E)  Ninety-eight (98)

Question 12

Only unanimous decisions of the U.S.Supreme Court become precedent.

Accepted Answer

A) True 
 B)False

Question 13

General-jurisdiction trial courts are commonly referred to as courts of inquisition.

Accepted Answer

A) True 
 B)False

Question 14

To bring a lawsuit,a plaintiff must have standing to sue.

Accepted Answer

A) True 
 B)False

Question 15

The concept of in personam jurisdiction is that:

Accepted Answer

A)  a court has the power to make and enforce a judgment against a particular person. 
B)  a party has a personal stake in the outcome of a particular case. 
C)  special requirements must be met in non-business cases involving individuals. 
D)  the case has been filed at the correct location with the state. 
E)  the court has jurisdiction over the property involved. 
A)  a court has the power to make and enforce a judgment against a particular person. 
B)  a party has a personal stake in the outcome of a particular case. 
C)  special requirements must be met in non-business cases involving individuals. 
D)  the case has been filed at the correct location with the state. 
E)  the court has jurisdiction over the property involved.

Question 16

In most cases,following a decision by the Circuit Court of Appeals:

Accepted Answer

A)  the case cannot be appealed further. 
B)  either party has a right to have the Supreme Court review the merits of the case. 
C)  either party can request that the Supreme Court review the merits of the case, but the Supreme Court denies this request in most cases. 
D)  either party can request that the Supreme Court review the merits of the case, with the request being granted unless the Circuit Court of Appeals decision was clearly correct. 
E)  the Circuit Court of Appeals decision must be reconfirmed by the District Court where the case was originally tried. 
A)  the case cannot be appealed further. 
B)  either party has a right to have the Supreme Court review the merits of the case. 
C)  either party can request that the Supreme Court review the merits of the case, but the Supreme Court denies this request in most cases. 
D)  either party can request that the Supreme Court review the merits of the case, with the request being granted unless the Circuit Court of Appeals decision was clearly correct. 
E)  the Circuit Court of Appeals decision must be reconfirmed by the District Court where the case was originally tried.

Question 17

There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.

Accepted Answer

A) True 
 B)False

Question 18

Intermediate appellate courts review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision.

Accepted Answer

A) True 
 B)False

Question 19

Even though it involves a nonfederal subject matter question,a case may be brought in federal court if there is diversity of citizenship.

Accepted Answer

A) True 
 B)False

Question 20

The term "venue" refers to the location at which the trial may be had.

Accepted Answer

A) True 
 B)False

Exam 3: Courts and Jurisdiction

The U.S.Constitution directly established which federal court(s)?

If the United States Supreme Court decides to review a case,it issues a ________.

The main office of the 9th Circuit of the United States Court of Appeals is located in Washington,D.C.

Diversity of citizenship occurs if a lawsuit involves: 1)citizens of different states; or 2)a citizen of a state and a citizen or subject of a foreign country.

Two friends,Mary and Dean,are hiking in the Colorado mountains when a dog being walked by its owner,Wally,who is from Wyoming,bites Dean,causing injury.Mary was not disturbed physically or emotionally,but wants Dean to sue Wally.Dean does not want to incur the cost.Which of the following is true?

A petitioner who wants the U.S.Supreme Court to hear a case must file a petition for certiorari.

The dollar amount of the controversy must exceed $75,000 for diversity jurisdiction in federal court.

Quasi in rem jurisdiction is jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state.

The Circuit Courts of Appeal usually hear cases as a three-judge panel.

There are ________ United States District Courts.

Only unanimous decisions of the U.S.Supreme Court become precedent.

General-jurisdiction trial courts are commonly referred to as courts of inquisition.

To bring a lawsuit,a plaintiff must have standing to sue.

The concept of in personam jurisdiction is that:

In most cases,following a decision by the Circuit Court of Appeals:

There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.

Intermediate appellate courts review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision.

Even though it involves a nonfederal subject matter question,a case may be brought in federal court if there is diversity of citizenship.

The term "venue" refers to the location at which the trial may be had.

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

Filters