Question 1

On a federal question, a decision of the Sixth Circuit Court of Appeals:

Accepted Answer

A)  may be persuasive but is not binding on a Tennessee court. 
B)  is binding on a Tennessee court. 
C)  has no effect on any state court. 
D)  is binding on all other federal appeals courts. 
A)  may be persuasive but is not binding on a Tennessee court. 
B)  is binding on a Tennessee court. 
C)  has no effect on any state court. 
D)  is binding on all other federal appeals courts.

Question 2

Explain the process of jury selection and the differences in the types of challenges. In addition, discuss the implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.

Accepted Answer

Voir dire is the examination of potentia

Question 3

Court-annexed arbitration:

Accepted Answer

A)  is used in a growing number of federal courts, but is not being used in state courts. 
B)  is used in civil cases in which the parties seek limited amounts of damages. 
C)  typically uses arbitrators who are medical doctors since cases using this kind of arbitration are medical malpractice disputes. 
D)  results in a binding award which cannot be appealed to the courts. 
A)  is used in a growing number of federal courts, but is not being used in state courts. 
B)  is used in civil cases in which the parties seek limited amounts of damages. 
C)  typically uses arbitrators who are medical doctors since cases using this kind of arbitration are medical malpractice disputes. 
D)  results in a binding award which cannot be appealed to the courts.

Question 4

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Accepted Answer

A) True 
 B)False

Question 5

Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

Accepted Answer

A)  once resided in State A. 
B)  uses a product produced in State A. 
C)  made a contract in State A. 
D)  has relatives in State A. 
A)  once resided in State A. 
B)  uses a product produced in State A. 
C)  made a contract in State A. 
D)  has relatives in State A.

Question 6

The decision of an arbitrator is called a(n):

Accepted Answer

A)  verdict. 
B)  judgment. 
C)  award. 
D)  binding decision. 
A)  verdict. 
B)  judgment. 
C)  award. 
D)  binding decision.

Question 7

Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which she now wishes to execute. David owns hundreds of acres of beach-front property in California. Patricia may execute her judgment in California based on what type of jurisdiction?

Accepted Answer

A)  Subject matter jurisdiction 
B)  Concurrent federal jurisdiction 
C)  Quasi in rem jurisdiction 
D)  Diversity of citizenship jurisdiction 
A)  Subject matter jurisdiction 
B)  Concurrent federal jurisdiction 
C)  Quasi in rem jurisdiction 
D)  Diversity of citizenship jurisdiction

Question 8

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law. He would like to have the United
States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

Accepted Answer

A)  forum non conveniens. 
B)  writ of certiorari. 
C)  stare decisis. 
D)  appellate novus 
A)  forum non conveniens. 
B)  writ of certiorari. 
C)  stare decisis. 
D)  appellate novus

Question 9

Which of the following is NOT considered to be an alternative method of dispute resolution?

Accepted Answer

A)  Special verdict 
B)  Negotiation 
C)  Conciliation 
D)  Mediation 
A)  Special verdict 
B)  Negotiation 
C)  Conciliation 
D)  Mediation

Question 10

Which of the following may a U.S. Court of Appeals NOT do in ruling on a case?

Accepted Answer

A)  Reverse the judgment of the lower court. 
B)  Remand or send it back to the lower court. 
C)  Rehear the case by taking testimony of the witnesses. 
D)  Affirm the judgment of the lower court. 
A)  Reverse the judgment of the lower court. 
B)  Remand or send it back to the lower court. 
C)  Rehear the case by taking testimony of the witnesses. 
D)  Affirm the judgment of the lower court.

Question 11

In rem jurisdiction refers to jurisdiction over the person.

Accepted Answer

A) True 
 B)False

Question 12

A quorum of the U.S. Supreme Court consists of any five justices.

Accepted Answer

A) True 
 B)False

Question 13

Federal courts have limited subject matter jurisdiction.

Accepted Answer

A) True 
 B)False

Question 14

Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses. If the defendant's attorney strikes her name from the jury because of the dress color:

Accepted Answer

A)  this is a valid challenge for cause. 
B)  this is a valid peremptory challenge. 
C)  this is not a valid challenge. 
D)  the plaintiff's attorney can have Janet serve by making an offer of proof to the judge. 
A)  this is a valid challenge for cause. 
B)  this is a valid peremptory challenge. 
C)  this is not a valid challenge. 
D)  the plaintiff's attorney can have Janet serve by making an offer of proof to the judge.

Question 15

A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear a particular case.

Accepted Answer

A) True 
 B)False

Question 16

A quorum consists of how many justices on the U.S. Supreme Court?

Accepted Answer

A)  3 
B)  5 
C)  6 
D)  7 
A)  3 
B)  5 
C)  6 
D)  7

Question 17

The federal courts do not have exclusive jurisdiction over:

Accepted Answer

A)  federal criminal prosecutions. 
B)  trademark and copyright cases. 
C)  issues involving state constitutions. 
D)  bankruptcy cases. 
A)  federal criminal prosecutions. 
B)  trademark and copyright cases. 
C)  issues involving state constitutions. 
D)  bankruptcy cases.

Question 18

In diversity of citizenship cases, federal courts apply:

Accepted Answer

A)  federal substantive and procedural law. 
B)  state substantive and procedural law. 
C)  state procedural and federal substantive law. 
D)  federal procedural and state substantive law. 
A)  federal substantive and procedural law. 
B)  state substantive and procedural law. 
C)  state procedural and federal substantive law. 
D)  federal procedural and state substantive law.

Question 19

The federal courts only have jurisdiction to hear cases involving federal law.

Accepted Answer

A) True 
 B)False

Question 20

An appeal from a small claims court is taken to the state court of appeals, where a trial de novo is begun.

Accepted Answer

A) True 
 B)False

Exam 3: Civil Dispute Resolution

On a federal question, a decision of the Sixth Circuit Court of Appeals:

Explain the process of jury selection and the differences in the types of challenges. In addition, discuss the implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.

Court-annexed arbitration:

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Generally, State A may exercise "long arm" jurisdiction over a defendant located in State B if the defendant:

The decision of an arbitrator is called a(n):

Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which she now wishes to execute. David owns hundreds of acres of beach-front property in California. Patricia may execute her judgment in California based on what type of jurisdiction?

Which of the following is NOT considered to be an alternative method of dispute resolution?

Which of the following may a U.S. Court of Appeals NOT do in ruling on a case?

In rem jurisdiction refers to jurisdiction over the person.

A quorum of the U.S. Supreme Court consists of any five justices.

Federal courts have limited subject matter jurisdiction.

A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear a particular case.

A quorum consists of how many justices on the U.S. Supreme Court?

The federal courts do not have exclusive jurisdiction over:

In diversity of citizenship cases, federal courts apply:

The federal courts only have jurisdiction to hear cases involving federal law.

An appeal from a small claims court is taken to the state court of appeals, where a trial de novo is begun.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

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Introduction to Sales and Leases

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Products Liability: Warranties and Strict Liability in Tort

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Transfer and Holder in Due Course

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Fundamental Changes

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Introduction to Property, Property Insurance, Bailments, and Documents of Title

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