Question 1

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. B

Question 2

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?

Accepted Answer

A)   The defendant prevails in the class action, so individual members must bring their own suits to obtain relief.
B)   The defendant prevails in the class action, but each individual member may appeal.
C)   The plaintiff prevails and each member of the class may choose between recovery or bringing an individual suit.
D)   The plaintiff prevails and each member of the class is eligible to recover according to the criteria of the case. D

Question 3

If Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky:

Accepted Answer

A)   Alice can attach Bill's automobile in Ohio to satisfy her court judgment.
B)   Alice must go to Kentucky to satisfy her judgment.
C)   Alice has no recourse against Bill because he has left the state.
D)   Ohio has no jurisdiction over Bill because he is a resident of Kentucky. A

Question 4

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.

Question 5

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

Question 6

The U.S. Supreme Court has held that a state may 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 7

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

Accepted Answer

A) True 
 B)False

Question 8

Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.

Accepted Answer

A) True 
 B)False

Question 9

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.

Question 10

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 11

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

Accepted Answer

A) True 
 B)False

Question 12

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

Accepted Answer

A) True 
 B)False

Question 13

The appellate court does not hear any new evidence but rather takes the case upon the record, abstracts, and briefs.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

The answer of When do the federal courts have exclusive...

Question 15

Attorneys for Tigre Corp. and Swindal Co. are entering a structured settlement process whereby they conduct limited discovery and then present evidence to a panel of managers from each company as well as to a neutral retired judge. They are involved in an alternative dispute resolution technique known as a mini-trial.

Accepted Answer

A) True 
 B)False

Question 16

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

The answer of What is jurisdiction? How does subject matter...

Question 18

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

Question 19

The U.S. Court of International Trade has worldwide jurisdiction over cases involving international trade and customs issues.

Accepted Answer

A) True 
 B)False

Question 20

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

Accepted Answer

A)   Exclusive federal
B)   Subject matter
C)   Concurrent federal
D)   Long-arm

Exam 3: Civil Dispute Resolution

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

If you are a member of a certified class in a class action lawsuit, which of the following is a possible outcome?

If Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky:

State trial courts of general jurisdiction:

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

The U.S. Supreme Court has held that a state may exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state.

For the general trial courts in the federal system, Congress has established nearly 100 judicial districts, each of which is located entirely in a particular state.

Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.

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

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

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties.

The appellate court does not hear any new evidence but rather takes the case upon the record, abstracts, and briefs.

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

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

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

Which of the following are pleadings?

The U.S. Court of International Trade has worldwide jurisdiction over cases involving international trade and customs issues.

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.