Question 1

Venue is the same as jurisdiction.

Accepted Answer

A) True 
 B)False

Question 2

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas.Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction.In this case:

Accepted Answer

A) only the Iowa courts can hear the case. 
B) the Iowa federal district court can hear the case based on diversity of citizenship. 
C) the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property. 
D) the Kansas federal district court can hear the case based upon diversity of citizenship. 
A) only the Iowa courts can hear the case. 
B) the Iowa federal district court can hear the case based on diversity of citizenship. 
C) the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property. 
D) the Kansas federal district court can hear the case based upon diversity of citizenship.

Question 3

The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Accepted Answer

A) True 
 B)False

Question 4

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

Accepted Answer

A) True 
 B)False

Question 5

An example of a special court in the federal judicial system is the:

Accepted Answer

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

Question 6

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S.Supreme Court.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following may a U.S.Court of Appeals do in ruling on a case?

Accepted Answer

A) Reverse or modify the judgment of the lower court. 
B) Remand or send the case back to the lower court. 
C) Rehear the case by taking testimony of the witnesses. 
D) Both (a) and (b). 
E) Both (a) and (c). 
A) Reverse or modify the judgment of the lower court. 
B) Remand or send the case back to the lower court. 
C) Rehear the case by taking testimony of the witnesses. 
D) Both (a) and (b). 
E) Both (a) and (c).

Question 8

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York.His damages amount to $50,000, and he wants to sue.The case can be brought:

Accepted Answer

A) in the New York state courts. 
B) in the New York federal court. 
C) only in the Illinois state courts. 
D) in either the New York state courts or the New York federal court. 
A) in the New York state courts. 
B) in the New York federal court. 
C) only in the Illinois state courts. 
D) in either the New York state courts or the New York federal court.

Question 9

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

Accepted Answer

Jurisdiction is the power or authority o

Question 10

A default judgment is:

Accepted Answer

A) a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims. 
B) a pleading that is a statement of the initial claim against the defendant. 
C) an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy. 
D) a judgment against a defendant who fails to respond to a complaint. 
A) a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims. 
B) a pleading that is a statement of the initial claim against the defendant. 
C) an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy. 
D) a judgment against a defendant who fails to respond to a complaint.

Question 11

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

Accepted Answer

A) evidence, law 
B) law, evidence 
C) law, fact 
D) fact, law 
A) evidence, law 
B) law, evidence 
C) law, fact 
D) fact, law

Question 12

State trial courts of general jurisdiction:

Accepted Answer

A) may be called county, district, common pleas, or supreme courts. 
B) have a dollar limitation on their jurisdiction in civil cases. 
C) cannot hear criminal cases. 
D) maintain no formal records of their proceedings. 
A) may be called county, district, common pleas, or supreme courts. 
B) have a dollar limitation on their jurisdiction in civil cases. 
C) cannot hear criminal cases. 
D) maintain no formal records of their proceedings.

Question 13

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 14

The U.S.Supreme Court:

Accepted Answer

A) has only appellate jurisdiction, as the nation's highest tribunal. 
B) must accept for review any decision appealed under a writ of certiorari. 
C) has original jurisdiction over certain types of cases. 
D) hears most of its cases through an appeal by right. 
A) has only appellate jurisdiction, as the nation's highest tribunal. 
B) must accept for review any decision appealed under a writ of certiorari. 
C) has original jurisdiction over certain types of cases. 
D) hears most of its cases through an appeal by right.

Question 15

A writ of execution as used in civil law litigation allows:

Accepted Answer

A) the plaintiff to demand payment from the defendant of a judgment won in court. 
B) the governor of a state to demand execution of a convicted felon who has received a death sentence by a jury. 
C) the clerk of court to issue a demand for a new trial. 
D) the plaintiff, without further process, to obtain a portion of the defendant's wages. 
A) the plaintiff to demand payment from the defendant of a judgment won in court. 
B) the governor of a state to demand execution of a convicted felon who has received a death sentence by a jury. 
C) the clerk of court to issue a demand for a new trial. 
D) the plaintiff, without further process, to obtain a portion of the defendant's wages.

Question 16

Compare and contrast a summary judgment and a directed verdict.

Accepted Answer

Both a summary judgment and a directed v

Question 17

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

Accepted Answer

A) conciliation. 
B) discovery. 
C) consensual arbitration. 
D) compulsory arbitration. 
A) conciliation. 
B) discovery. 
C) consensual arbitration. 
D) compulsory arbitration.

Question 18

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

Accepted Answer

A) True 
 B)False

Question 19

When compared to a court trial, arbitration has the advantage of privacy.

Accepted Answer

A) True 
 B)False

Question 20

When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction with state courts?

Accepted Answer

Federal courts have exclusive jurisdicti

Exam 3: Civil Dispute Resolution

Venue is the same as jurisdiction.

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas.Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction.In this case:

The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

An example of a special court in the federal judicial system is the:

In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S.Supreme Court.

Which of the following may a U.S.Court of Appeals do in ruling on a case?

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York.His damages amount to $50,000, and he wants to sue.The case can be brought:

What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in personam jurisdiction differ from jurisdiction in rem?

A default judgment is:

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

State trial courts of general jurisdiction:

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.

The U.S.Supreme Court:

A writ of execution as used in civil law litigation allows:

Compare and contrast a summary judgment and a directed verdict.

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts.

When compared to a court trial, arbitration has the advantage of privacy.

When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have concurrent jurisdiction with state courts?

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

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Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

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

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

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Environmental Law

International Business Law

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

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

Filters

When a trial is conducted with a jury, the judge determines issues of and the jury determines questions of .