Question 1

The decisions of the U.S. Courts of Appeals are binding on the other federal courts except for the U.S. Supreme Court.

Accepted Answer

A) True 
 B)False

Question 2

Article III of the Constitution states that the judicial power of the United States shall be vested in one Supreme Court and:

Accepted Answer

A)  such lower courts as the Supreme Court establishes. 
B)  such lower courts as Congress may establish. 
C)  a system of special courts, district courts, and courts of appeals. 
D)  a system of lower federal courts and such state courts as each state legislature provides. 
A)  such lower courts as the Supreme Court establishes. 
B)  such lower courts as Congress may establish. 
C)  a system of special courts, district courts, and courts of appeals. 
D)  a system of lower federal courts and such state courts as each state legislature provides.

Question 3

B & B, Inc. is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much of its business in California. For purposes of diversity of citizenship, B & B is a resident of:

Accepted Answer

A)  Delaware. 
B)  Minnesota. 
C)  Both Delaware and Minnesota. 
D)  Delaware, Minnesota, and California. 
A)  Delaware. 
B)  Minnesota. 
C)  Both Delaware and Minnesota. 
D)  Delaware, Minnesota, and California.

Question 4

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

Accepted Answer

A) True 
 B)False

Question 5

Congress has established thirteen judicial circuits (twelve numbered circuits plus the District of Columbia circuit), each having a court known as the Court of Appeals.

Accepted Answer

A) True 
 B)False

Question 6

In personam jurisdiction can only be obtained by serving process on the party within the state in which the court is located.

Accepted Answer

A) True 
 B)False

Question 7

The U.S. Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Accepted Answer

A)  United States Court of International Trade. 
B)  Tax Court. 
C)  Bankruptcy Courts. 
D)  All of these. 
A)  United States Court of International Trade. 
B)  Tax Court. 
C)  Bankruptcy Courts. 
D)  All of these.

Question 8

Compare and contrast a summary judgment and a directed verdict.

Accepted Answer

Both a summary judgment and a directed v

Question 9

If the judge denies a defendant's motion for __________, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

Accepted Answer

A)  a new trial 
B)  a directed verdict 
C)  an offer of proof 
D)  change of venue 
A)  a new trial 
B)  a directed verdict 
C)  an offer of proof 
D)  change of venue

Question 10

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as __________ jurisdiction.

Accepted Answer

A)  quasi in rem 
B)  in personam 
C)  in rem 
D)  forum non conveniens 
A)  quasi in rem 
B)  in personam 
C)  in rem 
D)  forum non conveniens

Question 11

The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board, the Patent and Trademark Office, and the U.S. Court of Veterans Appeals.

Accepted Answer

A) True 
 B)False

Question 12

Jessup and Lange are having a dispute regarding some property. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:

Accepted Answer

A)  litigation. 
B)  arbitration. 
C)  mediation. 
D)  a summary jury trial. 
A)  litigation. 
B)  arbitration. 
C)  mediation. 
D)  a summary jury trial.

Question 13

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

Question 14

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness or the opposing party.

Accepted Answer

A) True 
 B)False

Question 15

The "discovery" stage of a trial includes which one of the following?

Accepted Answer

A)  Production of documents. 
B)  Written interrogatories. 
C)  Depositions. 
D)  All of these. 
A)  Production of documents. 
B)  Written interrogatories. 
C)  Depositions. 
D)  All of these.

Question 16

Arbitration may be preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Accepted Answer

A) True 
 B)False

Question 17

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals. 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)  en banc appeal. 
D)  motion for supreme judgment. 
A)  forum non conveniens . 
B)  writ of certiorari . 
C)  en banc appeal. 
D)  motion for supreme judgment.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

Which of the following are pleadings?

Accepted Answer

A)  Complaint, summons, answer, reply. 
B)  Interviews, discovery, witness list. 
C)  Summons, depositions, voir dire . 
D)  Arbitration, written interrogatories 
A)  Complaint, summons, answer, reply. 
B)  Interviews, discovery, witness list. 
C)  Summons, depositions, voir dire . 
D)  Arbitration, written interrogatories

Question 20

A motion to dismiss a lawsuit for failure to state a claim is a(n):

Accepted Answer

A)  affirmative defense. 
B)  demurrer. 
C)  motion for a default judgment. 
D)  interrogatory. 
A)  affirmative defense. 
B)  demurrer. 
C)  motion for a default judgment. 
D)  interrogatory.

Exam 3: Civil Dispute Resolution

The decisions of the U.S. Courts of Appeals are binding on the other federal courts except for the U.S. Supreme Court.

Article III of the Constitution states that the judicial power of the United States shall be vested in one Supreme Court and:

B & B, Inc. is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much of its business in California. For purposes of diversity of citizenship, B & B is a resident of:

A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.

Congress has established thirteen judicial circuits (twelve numbered circuits plus the District of Columbia circuit), each having a court known as the Court of Appeals.

In personam jurisdiction can only be obtained by serving process on the party within the state in which the court is located.

The U.S. Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Compare and contrast a summary judgment and a directed verdict.

If the judge denies a defendant's motion for __________, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as __________ jurisdiction.

The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board, the Patent and Trademark Office, and the U.S. Court of Veterans Appeals.

Jessup and Lange are having a dispute regarding some property. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:

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

A deposition is a pretrial discovery device, which consists of sworn testimony of a witness or the opposing party.

The "discovery" stage of a trial includes which one of the following?

Arbitration may be preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals. 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:

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

Which of the following are pleadings?

A motion to dismiss a lawsuit for failure to state a claim is a(n):

Introduction to Law

Business Ethics

Constitutional Law

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Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

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Introduction to Sales and Leases

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Product Liability: Warranties and Strict Liability

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Formation and Internal Relations of General Partnerships

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Nature and Formation of Corporations

Financial Structure of Corporations

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Fundamental Changes of Corporations

Secured Transactions and Suretyship

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