Question 1

One method of appealing a case to the U.S.Supreme Court is by:

Accepted Answer

A) writ of execution. 
B) offer of proof. 
C) writ of certiorari. 
D) request for admissions. 
A) writ of execution. 
B) offer of proof. 
C) writ of certiorari. 
D) request for admissions.

Question 2

Mark,a resident of Illinois,while driving on the freeway,hits Bill,a resident of Wisconsin,and totally destroys Bill's brand new vehicle and injures Bill.Bill may bring suit in federal district court:

Accepted Answer

A) because of federal question jurisdiction. 
B) because there is always federal jurisdiction if there is diversity of citizenship. 
C) if the amount in controversy is over $75,000. 
D) if the accident occurred outside of Illinois or Wisconsin. 
A) because of federal question jurisdiction. 
B) because there is always federal jurisdiction if there is diversity of citizenship. 
C) if the amount in controversy is over $75,000. 
D) if the accident occurred outside of Illinois or Wisconsin.

Question 3

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 4

Concurrent federal jurisdiction could exist for cases involving:

Accepted Answer

A) admiralty. 
B) treaties of the United States. 
C) antitrust. 
D) All of the above. 
A) admiralty. 
B) treaties of the United States. 
C) antitrust. 
D) All of the above.

Question 5

To resolve a lawsuit,a court must have __________ different types of jurisdiction.

Accepted Answer

A) one 
B) two 
C) three 
D) four 
A) one 
B) two 
C) three 
D) four

Question 6

A quorum for the United States Supreme Court consists of any three justices.

Accepted Answer

A) True 
 B)False

Question 7

The federal courts have exclusive jurisdiction over:

Accepted Answer

A) federal criminal prosecutions. 
B) trademark and copyright cases. 
C) issues involving state constitutions. 
D) Both (a) and (b). 
E) Both (a) and (c). 
A) federal criminal prosecutions. 
B) trademark and copyright cases. 
C) issues involving state constitutions. 
D) Both (a) and (b). 
E) Both (a) and (c).

Question 8

Jean is called for jury duty.However,the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males.The defendant's attorney:

Accepted Answer

A) will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror. 
B) will succeed in keeping Jean off the jury because his defendant is a male. The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean. 
C) may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional. 
D) may not have the privacy of his theory of a case as manifested in peremptory challenges invaded by a judge. 
A) will succeed in keeping Jean off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror. 
B) will succeed in keeping Jean off the jury because his defendant is a male. The attorney may use his unlimited number of challenges for cause because of the potential for gender discrimination on the part of Jean. 
C) may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional. 
D) may not have the privacy of his theory of a case as manifested in peremptory challenges invaded by a judge.

Question 9

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 it 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 it 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 10

The procedural stage of a lawsuit after the pleadings but before trial is the:

Accepted Answer

A) peremptory challenge stage. 
B) discovery stage. 
C) special verdict stage. 
D) offer of proof stage. 
A) peremptory challenge stage. 
B) discovery stage. 
C) special verdict stage. 
D) offer of proof stage.

Question 11

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 12

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

Accepted Answer

A) True 
 B)False

Question 13

A case before a U.S.Court of Appeals is generally heard by all judges of the circuit sitting en banc.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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.

Question 16

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

Accepted Answer

A) True 
 B)False

Question 17

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution,and what are their advantages and disadvantages?

Accepted Answer

Alternative dispute resolution refers to

Question 18

The definition of 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 19

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 20

Describe the structure of the federal court system.How does the federal court system compare/contrast with the state court system of the state where you are living?

Accepted Answer

The federal court system consists of the

Exam 3: Civil Dispute Resolution

One method of appealing a case to the U.S.Supreme Court is by:

Mark,a resident of Illinois,while driving on the freeway,hits Bill,a resident of Wisconsin,and totally destroys Bill's brand new vehicle and injures Bill.Bill may bring suit in federal district court:

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

Concurrent federal jurisdiction could exist for cases involving:

To resolve a lawsuit,a court must have __________ different types of jurisdiction.

A quorum for the United States Supreme Court consists of any three justices.

The federal courts have exclusive jurisdiction over:

Jean is called for jury duty.However,the defendant's attorney decides to have her removed from the jury pool because he wants the jury to be comprised of predominantly males.The defendant's attorney:

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

The procedural stage of a lawsuit after the pleadings but before trial is the:

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

Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.

A case before a U.S.Court of Appeals is generally heard by all judges of the circuit sitting en banc.

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

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

The U.S.Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

What is alternative dispute resolution? What are the various techniques of alternative dispute resolution,and what are their advantages and disadvantages?

The definition of a default judgment is:

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:

Describe the structure of the federal court system.How does the federal court system compare/contrast with the state court system of the state where you are living?

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 and 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

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

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

Interests in Real Property

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