Question 1

How are long-arm statutes and forum-selection clauses similar?

Accepted Answer

A)  They both eliminate the necessity for a court to have subject matter jurisdiction. 
B)  They both eliminate any requirement that there be a connection between a state and a party over whom that state is attempting to exercise jurisdiction. 
C)  They both can be factors in determining whether or not a state has personal jurisdiction over a defendant. 
D)  They both eliminate the need to meet venue requirements in a case. 
A)  They both eliminate the necessity for a court to have subject matter jurisdiction. 
B)  They both eliminate any requirement that there be a connection between a state and a party over whom that state is attempting to exercise jurisdiction. 
C)  They both can be factors in determining whether or not a state has personal jurisdiction over a defendant. 
D)  They both eliminate the need to meet venue requirements in a case.

Question 2

Which federal court or courts is directly established by the United States Constitution?

Accepted Answer

A)  The Supreme Court only 
B)  Federal trial courts only 
C)  The Supreme Court and federal trial courts 
D)  The Supreme Court and federal courts of appeal 
E)  The Supreme Court,federal courts of appeal,and federal trial courts 
A)  The Supreme Court only 
B)  Federal trial courts only 
C)  The Supreme Court and federal trial courts 
D)  The Supreme Court and federal courts of appeal 
E)  The Supreme Court,federal courts of appeal,and federal trial courts

Question 3

Which of the following is correct about litigating commercial disputes?

Accepted Answer

A)  Nearly all states have specialized trial courts that hear commercial disputes. 
B)  Commercial disputes,because of their specialized nature,are first heard at the appellate court level. 
C)  A few states have established specialized trial courts for commercial disputes. 
D)  Businesses generally dislike the concept of specialized trial courts for commercial disputes because the large numbers of consumers who sue businesses in these courts have led the judges to become generally biased against business. 
E)  In all states,commercial disputes must be heard in a limited-jurisdiction court. 
A)  Nearly all states have specialized trial courts that hear commercial disputes. 
B)  Commercial disputes,because of their specialized nature,are first heard at the appellate court level. 
C)  A few states have established specialized trial courts for commercial disputes. 
D)  Businesses generally dislike the concept of specialized trial courts for commercial disputes because the large numbers of consumers who sue businesses in these courts have led the judges to become generally biased against business. 
E)  In all states,commercial disputes must be heard in a limited-jurisdiction court.

Question 4

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 wants Dean to sue Wally,but 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's presence at the time of Dean's injury gives her standing to file suit. 
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's presence at the time of Dean's injury gives her standing to file suit.

Question 5

Which of the following is true with regard to the appellate process?

Accepted Answer

A)  Very important cases are usually initially tried in the U.S. Supreme Court. 
B)  When a case is appealed,the appellate court usually holds a new trial. 
C)  In the federal court system,there are usually two levels of appeal by right. 
D)  The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review. 
E)  The vote of only one justice is needed for the U.S. Supreme Court to hear a case. 
A)  Very important cases are usually initially tried in the U.S. Supreme Court. 
B)  When a case is appealed,the appellate court usually holds a new trial. 
C)  In the federal court system,there are usually two levels of appeal by right. 
D)  The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review. 
E)  The vote of only one justice is needed for the U.S. Supreme Court to hear a case.

Question 6

The Court of Appeals for the Federal Circuit may review the decisions made in the Patent and Trademark Office.

Accepted Answer

A) True 
 B)False

Question 7

Small claims courts are considered courts of record.

Accepted Answer

A) True 
 B)False

Question 8

Most federal circuits of the federal appellate court system are determined based on:

Accepted Answer

A)  geography 
B)  the subject matter of the case being appealed 
C)  whether the case is criminal or civil 
D)  the amount in controversy in the appeal 
E)  whether the appeals come from state or federal courts 
A)  geography 
B)  the subject matter of the case being appealed 
C)  whether the case is criminal or civil 
D)  the amount in controversy in the appeal 
E)  whether the appeals come from state or federal courts

Question 9

The consequence of a plurality decision is that:

Accepted Answer

A)  the decision of the Circuit Court of Appeals is affirmed 
B)  the case is not decided and will be reheard at a later date 
C)  the case is decided but is not precedent for later cases 
D)  the case is decided and becomes precedent for later cases 
E)  the case is not decided,but the applicable legal reasoning becomes precedent for later cases 
A)  the decision of the Circuit Court of Appeals is affirmed 
B)  the case is not decided and will be reheard at a later date 
C)  the case is decided but is not precedent for later cases 
D)  the case is decided and becomes precedent for later cases 
E)  the case is not decided,but the applicable legal reasoning becomes precedent for later cases

Question 10

The Double Diamond Dude Ranch is located in Montana and maintains a Web site on the Internet.Before the Internet,the ranch had relied exclusively on word-of-mouth advertising.The Web site simply provides some general information and lists the ranch's phone number for reservations,but reservations cannot be made online.The ranch has no other connections or presence outside of Montana.Bob lives in Ohio and learned of the ranch through its Web site.Bob then spent a week as a paying guest at the ranch,but was injured when he fell off a horse.Can Bob sue the dude ranch in an Ohio state court?

Accepted Answer

A)  No,because the mere ability of an Ohio resident to view the ranch's Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio. 
B)  No,because the minimum contacts standard simply cannot be met based on Internet activity. 
C)  No,because cases involving residents of two different states must be filed in federal,not state,court. 
D)  Yes,because Bob noticed the advertisement when he was in Ohio. 
E)  Yes,assuming that other Ohio residents had visited the ranch before Bob's visit. 
A)  No,because the mere ability of an Ohio resident to view the ranch's Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio. 
B)  No,because the minimum contacts standard simply cannot be met based on Internet activity. 
C)  No,because cases involving residents of two different states must be filed in federal,not state,court. 
D)  Yes,because Bob noticed the advertisement when he was in Ohio. 
E)  Yes,assuming that other Ohio residents had visited the ranch before Bob's visit.

Question 11

The following are examples of limited jurisdiction trial courts except:

Accepted Answer

A)  small claims court 
B)  appellate court 
C)  family law court 
D)  traffic court 
E)  probate court 
A)  small claims court 
B)  appellate court 
C)  family law court 
D)  traffic court 
E)  probate court

Question 12

What happens if the U.S.Supreme Court reaches a tie in a decision?

Accepted Answer

A)  The case will be reconsidered in the following year. 
B)  The decision will be held in abeyance until one of the justices decides to change his or her mind. 
C)  The case will be returned to the Circuit Court of Appeals to reconsider the case in light of the tie decision by the Supreme Court. 
D)  The lower court decision in the case is overturned. 
E)  The lower court decision in the case is affirmed. 
A)  The case will be reconsidered in the following year. 
B)  The decision will be held in abeyance until one of the justices decides to change his or her mind. 
C)  The case will be returned to the Circuit Court of Appeals to reconsider the case in light of the tie decision by the Supreme Court. 
D)  The lower court decision in the case is overturned. 
E)  The lower court decision in the case is affirmed.

Question 13

Each state has only one U.S.District Court.

Accepted Answer

A) True 
 B)False

Question 14

Where a long-arm statute is present,a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

Accepted Answer

A) True 
 B)False

Question 15

A federal question case brought in federal district court must meet the minimum dollar amount limit of $75,000.

Accepted Answer

A) True 
 B)False

Question 16

What does it mean if a court has "in personam jurisdiction?"

Accepted Answer

A)  It means the court has the power to make and enforce a judgment against a particular person. 
B)  It means a party has a personal stake in the outcome of a particular case. 
C)  It means the court must meet special requirements in nonbusiness cases involving individuals. 
D)  It means the case has been filed at the correct location with the state. 
E)  It means the court has personal jurisdiction but not subject matter jurisdiction. 
A)  It means the court has the power to make and enforce a judgment against a particular person. 
B)  It means a party has a personal stake in the outcome of a particular case. 
C)  It means the court must meet special requirements in nonbusiness cases involving individuals. 
D)  It means the case has been filed at the correct location with the state. 
E)  It means the court has personal jurisdiction but not subject matter jurisdiction.

Question 17

When the U.S.Constitution was written and established the Supreme Court,the population of the country was under 5 million.Today the population is more than 260 million.Because this means that there are far more lawsuits today than in the early days of our nation,the chances that the Supreme Court will accept a case is much smaller today than in the past.Should one or more additional "supreme" courts be established so that more cases are reviewed twice?

Accepted Answer

Even if several times as many cases coul

Question 18

The United States District Court is the general jurisdiction trial court in the federal system.

Accepted Answer

A) True 
 B)False

Question 19

A motion for a change of venue would typically be granted where:

Accepted Answer

A)  a court does not have personal jurisdiction over the plaintiff 
B)  selection of an impartial jury is unlikely at the original venue location 
C)  the party losing a case would like a retrial in another location 
D)  the judge committed errors in a trial 
E)  the plaintiff but not the defendant requests it 
A)  a court does not have personal jurisdiction over the plaintiff 
B)  selection of an impartial jury is unlikely at the original venue location 
C)  the party losing a case would like a retrial in another location 
D)  the judge committed errors in a trial 
E)  the plaintiff but not the defendant requests it

Question 20

Appeals from the Court of International Trade are heard by the Court of Appeals for the Federal Circuit.

Accepted Answer

A) True 
 B)False

Exam 2: Court Systems and Jurisdiction

How are long-arm statutes and forum-selection clauses similar?

Which federal court or courts is directly established by the United States Constitution?

Which of the following is correct about litigating commercial disputes?

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 wants Dean to sue Wally,but Dean does not want to incur the cost.Which of the following is true?

Which of the following is true with regard to the appellate process?

The Court of Appeals for the Federal Circuit may review the decisions made in the Patent and Trademark Office.

Small claims courts are considered courts of record.

Most federal circuits of the federal appellate court system are determined based on:

The consequence of a plurality decision is that:

The following are examples of limited jurisdiction trial courts except:

What happens if the U.S.Supreme Court reaches a tie in a decision?

Each state has only one U.S.District Court.

Where a long-arm statute is present,a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

A federal question case brought in federal district court must meet the minimum dollar amount limit of $75,000.

What does it mean if a court has "in personam jurisdiction?"

The United States District Court is the general jurisdiction trial court in the federal system.

A motion for a change of venue would typically be granted where:

Appeals from the Court of International Trade are heard by the Court of Appeals for the Federal Circuit.

Legal Heritage and the Information Age

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Intentional Torts and Negligence

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Nature of Traditional and E-Contracts

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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

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

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