Question 1

Pursuant to the power given to it by Article III of the U.S.Constitution, Congress has established the U.S.courts of appeals.

Accepted Answer

A) True 
 B)False

Question 2

If the plaintiff brings a diversity of citizenship case in state court, it will remain there unless the defendant removes the case to federal court.

Accepted Answer

A) True 
 B)False

Question 3

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

Accepted Answer

A) The Arkansas state court will hear this case as it has in personam jurisdiction over George. 
B) The Arkansas state court has in rem jurisdiction to hear this case. 
C) The Oklahoma state court has in rem jurisdiction to hear this case. 
D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state. 
A) The Arkansas state court will hear this case as it has in personam jurisdiction over George. 
B) The Arkansas state court has in rem jurisdiction to hear this case. 
C) The Oklahoma state court has in rem jurisdiction to hear this case. 
D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

Question 4

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.

Accepted Answer

A) U)S.District Court 
B) Court of Appeals for the Federal Circuit 
C) First Circuit Court 
D) District of Columbia Circuit 
A) U)S.District Court 
B) Court of Appeals for the Federal Circuit 
C) First Circuit Court 
D) District of Columbia Circuit

Question 5

The U.S.Congress gives the Supreme Court discretion to decide what cases it will hear.

Accepted Answer

A) True 
 B)False

Question 6

A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

Accepted Answer

A) True 
 B)False

Question 7

________ refers to an official notice that the Supreme Court will review a case.

Accepted Answer

A) Writ of certiorari 
B) Stare decisis 
C) En banc review 
D) Sua sponte 
A) Writ of certiorari 
B) Stare decisis 
C) En banc review 
D) Sua sponte

Question 8

Why was the Court of Appeals for the Federal Circuit created?

Accepted Answer

A) It was created to exercise appellate jurisdiction over members of the armed services. 
B) It was created to hear cases that involve federal tax laws. 
C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. 
D) It was created to hear appeals from intermediate appellate state courts and certain trial courts. 
A) It was created to exercise appellate jurisdiction over members of the armed services. 
B) It was created to hear cases that involve federal tax laws. 
C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. 
D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

Question 9

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

Accepted Answer

A) Courts of record 
B) Intermediate appellate courts 
C) Inferior trial courts 
D) State supreme courts 
A) Courts of record 
B) Intermediate appellate courts 
C) Inferior trial courts 
D) State supreme courts

Question 10

Which of the following courts was created by Article III of the U.S.Constitution?

Accepted Answer

A) U)S.Supreme Court 
B) U)S.Tax Court 
C) U)S.Court of Appeals 
D) U)S.Court of Federal Claims 
A) U)S.Supreme Court 
B) U)S.Tax Court 
C) U)S.Court of Appeals 
D) U)S.Court of Federal Claims

Question 11

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S.Supreme Court.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements is true of the U.S.Supreme Court?

Accepted Answer

A) The U.S.Supreme Court's decisions are appealable. 
B) The U.S.Supreme Court hears appeals only from the federal circuit courts of appeals. 
C) The U.S.Supreme Court does not hear any new evidence or testimony in reviewed cases. 
D) The U.S.Supreme Court does not grant any oral hearings to the parties. 
A) The U.S.Supreme Court's decisions are appealable. 
B) The U.S.Supreme Court hears appeals only from the federal circuit courts of appeals. 
C) The U.S.Supreme Court does not hear any new evidence or testimony in reviewed cases. 
D) The U.S.Supreme Court does not grant any oral hearings to the parties.

Question 13

The U.S.Supreme Court is composed of ________ justices.

Accepted Answer

A) nine 
B) six 
C) ten 
D) three 
A) nine 
B) six 
C) ten 
D) three

Question 14

In the U.S.Circuit Courts of Appeals, an en banc review refers to an appeal heard by a three-judge panel.

Accepted Answer

A) True 
 B)False

Question 15

A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over himself or herself.

Accepted Answer

A) True 
 B)False

Question 16

In U.S.courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.

Accepted Answer

A) True 
 B)False

Question 17

________ refers to 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) In rem jurisdiction 
B) In personam jurisdiction 
C) Private jurisdiction 
D) Quasi in rem jurisdiction 
A) In rem jurisdiction 
B) In personam jurisdiction 
C) Private jurisdiction 
D) Quasi in rem jurisdiction

Question 18

The federal court must apply federal laws in deciding diversity of citizenship cases.

Accepted Answer

A) True 
 B)False

Question 19

Antitrust, bankruptcy, patent and copyright cases can be heard by state courts.

Accepted Answer

A) True 
 B)False

Question 20

Jill wins a lawsuit against Terry in the Wyoming state court.The court passes a judgment for Terry to pay $20, 000 to Jill.Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money.Which of the following is the best course of action for Jill?

Accepted Answer

A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment 
B) file another case against Terry in the Wyoming state court to collect the money against Terry's property 
C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money 
D) file a case in the Colorado federal court as this qualifies as a federal question case 
A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment 
B) file another case against Terry in the Wyoming state court to collect the money against Terry's property 
C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money 
D) file a case in the Colorado federal court as this qualifies as a federal question case

Exam 2: Courts and Jurisdiction

Pursuant to the power given to it by Article III of the U.S.Constitution, Congress has established the U.S.courts of appeals.

If the plaintiff brings a diversity of citizenship case in state court, it will remain there unless the defendant removes the case to federal court.

Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas.They have a dispute over the terms of the contract and Bill decides to sue George.Which of the following statements is true in this situation?

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.

The U.S.Congress gives the Supreme Court discretion to decide what cases it will hear.

A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.

________ refers to an official notice that the Supreme Court will review a case.

Why was the Court of Appeals for the Federal Circuit created?

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

Which of the following courts was created by Article III of the U.S.Constitution?

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S.Supreme Court.

Which of the following statements is true of the U.S.Supreme Court?

The U.S.Supreme Court is composed of ________ justices.

In the U.S.Circuit Courts of Appeals, an en banc review refers to an appeal heard by a three-judge panel.

A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over himself or herself.

In U.S.courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.

________ refers to 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 federal court must apply federal laws in deciding diversity of citizenship cases.

Antitrust, bankruptcy, patent and copyright cases can be heard by state courts.

Legal Heritage and the Digital Age

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Intentional Torts and Negligence

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

E-Commerce and Digital Law

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, Defenses, and Discharge

Banks, E-Money, and Financial Reform

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Liability of Principals, Agents, and Independent Contractors

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Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Business, Entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

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Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, E-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

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Environmental Protection

Antitrust Law and Unfair Trade Practices

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