Question 1

Darla was a citizen of Missouri. While she was driving her car in Iowa, Darla negligently collided with Pete, causing injuries and property damage. Darla later returned to Missouri. Peter then sued Darla in Iowa state court and arranged for a process server in Missouri to personally serve the complaint on Darla in Missouri. The Iowa court later determined that it had personal jurisdiction over Darla. Most likely, the court's determination was based on _________________.

Accepted Answer

A) In-state service of process on Darla. 
B) Darla's consent to service of process. 
C) Darla's domicile in a neighboring state. 
D) A long-arm statute enacted in Iowa.

Question 2

The United States Constitution provides ___________________________.

Accepted Answer

A) A system for resolving disputes between commoners based on judge-made law. 
B) A framework for government and establishes basic rights of citizens. 
C) A declaration of the United States' independence from the English crown. 
D) Emancipation for all persons held as slaves.

Question 3

The term "procedural law" refers to _____________________________.

Accepted Answer

A) Rules that ensure that laws are enforced fairly. 
B) The order in which criminal and civil cases are processed by the judicial system. 
C) Legal rules that define and regulate the rights and duties that provide social order. 
D) Rules promulgated by federal regulatory agencies.

Question 4

Kathy agreed to sell her car to Tammy, and Tammy agreed to buy the car. They agreed upon a written contract, signed it, and the title was transferred to Tammy. Tammy paid one half of the sales price when the title was transferred, but never paid anything further. Seven years later, Kathy sued Tammy for breach of contract, but the court dismissed the action because it was time-barred. The action was time-barred because of the six-year __________________.

Accepted Answer

A) Tolling agreement. 
B) Statute of frauds. 
C) Statute of limitations. 
D) Term limit on contracts.

Question 5

Which of the following is an example of in rem jurisdiction?

Accepted Answer

A) A plaintiff sues a defendant for property damage to the plaintiff's vehicle after a traffic accident. 
B) A suit in which the court is asked to determine the rightful owner of a vehicle out of three competing claimants. 
C) An injured worker files a claim with the state's workers' compensation board seeking medical benefits from an insurance company. 
D) An employee files a claim with the local office of the National Labor Relations Board based on unpaid wages.

Question 6

The term "misdemeanor" is commonly defined as _____________________________.

Accepted Answer

A) A crime involving petty theft or criminal damage to property. 
B) A civil wrong based on negligence or an intentional tort. 
C) A crime punishable by imprisonment for more than one year or by death. 
D) A crime punishable by a fine or by imprisonment for less than one year.

Question 7

Unlike a judgment, if a party does not comply with or obey a decree entered after an action in equity, the party is ______________.

Accepted Answer

A) In contempt of court and can be penalized by the court. 
B) Subject to collection efforts. 
C) Ordered to comply by the sheriff or other law enforcement. 
D) Automatically required to pay monetary damages.

Question 8

Substantive due process requires fundamental fairness in ______________________.

Accepted Answer

A) Interactions between the federal government and the states. 
B) Proceedings against a private person. 
C) The content of legislation. 
D) Access to the political process.

Question 9

A motorcycle dealership sold a new motorcycle to a 16-year-old teen on credit. For six months, the teen failed to make any payments, and the dealership filed suit to collect the amount outstanding. The court dismissed the lawsuit because the teen was a minor, and the statute of limitations had been __________________.

Accepted Answer

A) Stayed. 
B) Terminated. 
C) Stopped. 
D) Tolled.

Question 10

Under the U.S. Constitution, Congress may enact statutes ___________________________.

Accepted Answer

A) That take power from the states. 
B) In any area without restriction. 
C) Only if ratified by citizens in a referendum. 
D) Only in areas specifically authorized.

Question 11

Which of the following is NOT a right guaranteed under the Fifth Amendment?

Accepted Answer

A) Right to just compensation when private property is taken. 
B) Right to due process of law. 
C) Freedom from compelled self-incrimination. 
D) Right prohibiting excessive bail or fines.

Question 12

The United State District Court has original jurisdiction in cases involving ________________ and ______________.

Accepted Answer

A) Federal questions; diversity of citizenship. 
B) Diversity of citizenship; suits between two or more states. 
C) Suits between two or more states; negligence claims for less than $75,000. 
D) Writs of mandamus; negligence claims for less than $75,000.

Question 13

In 1905, the owner of an early automobile, who lived in Florida, drove his car into Alabama. While in Alabama, the driver had trouble slowing the vehicle and ran into the back of a horse-drawn wagon, causing damage. The owner returned to Florida, and the wagon owner filed suit in Alabama state court. The wagon owner's lawyer and the court could not find any statute or case law that established a precedent for personal jurisdiction over the defendant. This is an example of __________________.

Accepted Answer

A) Stare decisis. 
B) A controlling precedent. 
C) A case of first impression. 
D) A case of last impression.

Question 14

Which of the following is NOT an example of a private law?

Accepted Answer

A) A state constitution. 
B) The law of real property. 
C) The law of contracts. 
D) Domestic relations law.

Question 15

At a minimum, procedural due process of law requires ______________________.

Accepted Answer

A) An opportunity to be heard by a tribunal. 
B) Notice of a claim. 
C) An impartial tribunal. 
D) All of the above.

Question 16

The requirements of due process of law apply only to ______________________.

Accepted Answer

A) Criminal cases. 
B) Private action. 
C) Government action. 
D) Equal protection cases.

Question 17

For the United State District Court to have jurisdiction in a diversity of citizenship case, the action must ______________.

Accepted Answer

A) Arise under the U.S. Constitution or federal law. 
B) Arise out of a dispute between two or more states. 
C) Involve a dispute between citizens of two or more states. 
D) Involve a dispute between citizens of two or more states with an amount in controversy over $75,000.

Question 18

Under res judicata, parties to a litigation case are prevented from relitigating a claim if the same parties litigated the same claim in prior litigation that reached a determination of the claim. If Mary sued Robert for breach of contract, but the court dismissed the action under Rule 12(b) for failure to state a claim, is Mary prohibited from re-filing the action (using a revised complaint) under res judicata?

Accepted Answer

A) Yes, because the court reached a determination in the first action. 
B) Yes, because the same parties are involved in the second suit. 
C) No, because the court did not reach a determination in the first action. 
D) No, because the revised complaint changes the claim before the court.

Question 19

A city enacted an ordinance that prohibited billboard advertising intended to influence public opinion. An advocacy group that regularly used billboard advertising filed a lawsuit in federal court challenging the ordinance. One month later, the city repealed the ordinance. The federal court dismissed the lawsuit because the issue __________________.

Accepted Answer

A) Had become ripe. 
B) Had become moot. 
C) Lacked standing. 
D) Had been adjudicated.

Question 20

The United States Court of Appeals and the United States District Court were created by _____________________________.

Accepted Answer

A) The Articles of Confederation. 
B) The Declaration of Independence. 
C) Article III of the U.S. Constitution. 
D) An act of Congress.

Exam 4: Legal System