Exam 2 - Courts Quiz (Ch. 3)

Question 1

The doctrine of judicial review allows:

a. Congress to remove federal judges when their decisions do not follow public policy.
b. the judiciary to decide whether laws or actions of the other branches of government are constitutional.
c. the executive branch to revoke court decisions.
d. the judiciary to write laws when Congress is unable or unwilling to do so.

Answer 1

b. the judiciary to decide whether laws or actions of the other branches of government are constitutional.

Question 2

Before a court may hear a case, it must have jurisdiction:

a. over the subject matter involved in the lawsuit only.
b. over the defendant only.
c. over the person against whom the case is brought or the property at issue and the subject matter involved in the case.
d. over the defendant or the property at issue but not over the subject matter.

Answer 2

c. over the person against whom the case is brought or the property at issue and the subject matter involved in the case.

Question 3

Courts may have either general or ________ jurisdiction.

a. limited
b. regulatory
c. complimentary
d. perfunctory

Answer 3

a. limited

Question 4

The federal court system does not consist of which of the following:

a. The U.S. courts of appeals.
b. The U.S. district courts.
c. The United States Supreme Court.
d. The U.S. Chamber of Commerce.

Answer 4

d. The U.S. Chamber of Commerce.

Question 5

The pleadings consist of:

a. the complaint and the answer.
b. the complaint and the request for documents.
c. the deposition and the response.
d. the summary judgment and the answer.

Answer 5

a. the complaint and the answer.

Question 6

The process of obtaining information from an opposing party prior to going to trial is known as:

a. internment.
b. excavation.
c. service of process
d. discovery.

Answer 6

d. discovery.

Question 7

After a trial, if a lawyer asks the judge to set aside the jury’s verdict and rule in favor of her client instead, the lawyer would be asking for a:

a. judgment notwithstanding the verdict.
b. motion for a directed verdict.
c. summary judgment.
d. writ of certiorari.

Answer 7

a. judgment notwithstanding the verdict.

Question 8

Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:

a. arbitration.
b. negotiation.
c. mediation.
d. a summary jury trial.

Answer 8

b. negotiation.

Question 9

Which of the following is normally not available at the Web sites of courts today?

a. Docket information and other searchable databases.
b. “Virtual trials” that allow parties and jurors to appear via video conferencing systems.
c. The names of court personnel and office phone numbers.
d. The rules of the court and forms.

Answer 9

b. “Virtual trials” that allow parties and jurors to appear via video conferencing systems.

Question 10

Which of the following normally is not available in online dispute resolution?

a. Special software keeps secret any offer that is not within a previously agreed–on range.
b. The parties can drop the negotiations at any time.
c. Negotiating money settlements.
d. The service provider makes findings of fact and recommends how a court should proceed.

Answer 10

d. The service provider makes findings of fact and recommends how a court should proceed.

Question 11

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch is:

a. judicial review.
b. executive review.
c. judicial oversight.
d. executive oversight.

Answer 11

a. judicial review.

Question 12

A question that pertains to the U.S. Constitution, acts of congress or treaties is a:

a. state question.
b. federal question.
c. legislative question.
d. statutory question.

Answer 12

b. federal question.

Question 13

Jurisdiction that exists when a case can be heard only in a particular court or type of court is:

a. exclusive jurisdiction.
b. interstate jurisdiction.
c. concurrent jurisdiction.
d. intrastate jurisdiction.

Answer 13

a. exclusive jurisdiction.

Question 14

A long arm statute

a. is based on whether a defendant has minimum contacts with the state.
b. all of these answers.
c. can force someone to appear in a court in a state in which they do not live.
d. is determined by a sliding scale test when a company is based on the internet.

Answer 14

b. all of these answers.

Question 15

In order for a court to have jurisdiction, it must have jurisdiction over:

a. The people involved in the lawsuit only.
b. Both the people involved in the lawsuit and the subject matter of the dispute.
c. The subject matter of the dispute only.
d. The plaintiff in the law suit only.

Answer 15

b. Both the people involved in the lawsuit and the subject matter of the dispute.

Question 16

The highest authority for a question of state law is:

a. The court of original jurisdiction.
b. The United States District Court for that jurisdiction.
c. The highest court in that state.
d. The United States Supreme Court.

Answer 16

c. The highest court in that state.

Question 17

A special court in which parties may litigate small claims (such as $5,000 or less) is a:

a. minimum claim court.
b. small claims court.
c. petit claims court.
d. minor claims court.

Answer 17

b. small claims court.

Question 18

Questions of fact are decided by:

a. the judge in a jury trial.
b. a witness if there is no jury.
c. the jury in a jury trial.
d. a witness in a jury trial.

Answer 18

c. the jury in a jury trial.

Question 19

An order from the U.S. Supreme Court to a lower court requiring the latter to send it the record of the case for review is a writ of:

a. inquiry.
b. certiorari.
c. habeas corpus.
d. summons.

Answer 19

b. certiorari.

Question 20

The process of resolving a dispute through the court system is:

a. litigation.
b. arbitration.
c. negotiation.
d. mediation.

Answer 20

a. litigation.

Question 21

The pleading made by the plaintiff alleging wrongdoing on the part of the defendant is the:

a. answer.
b. reply.
c. complaint.
d. summons.

Answer 21

c. complaint.

Question 22

On appeal of a case, the appellate court:

a. empanels a jury to decide the facts in the case.
b. all of these choices.
c. hears the testimony of the witnesses.
d. reviews the record of the trial, considers briefs filed by the parties, and may hear the arguments of parties.

Answer 22

d. reviews the record of the trial, considers briefs filed by the parties, and may hear the arguments of parties.

Question 23

The simplest form of alternate dispute resolution is:

a. mediation.
b. None of these choices.
c. negotiation.
d. arbitration.

Answer 23

c. negotiation.

Question 24

A method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement, is:

a. mediation.
b. None of these choices.
c. negotiation.
d. arbitration.

Answer 24

a. mediation.

Question 25

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding is:

a. mediation.
b. None of these choices.
c. negotiation.
d. arbitration.

Answer 25

d. arbitration.

Question 26

The power of judicial review enables the:

a. executive branch to act as a check on the other two branches of government.
b. judicial branch to act as a check on the other two branches of government, but only as it applies to statutory reform.
c. judicial branch to act as a check on the other two branches of government.
d. legislative branch to act as a check on the other two branches of government.

Answer 26

c. judicial branch to act as a check on the other two branches of government.

Question 27

The authority of the court to hear and decide a specific case is:

a. legal territory.
b. nonresident jurisprudence.
c. jurisdiction.
d. jurisprudence.

Answer 27

c. jurisdiction.

Question 28

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants is a:

a. long arm statute.
b. wide jurisdiction statute.
c. multi-state statute.
d. long reach statute.

Answer 28

a. long arm statute.

Question 29

A state court of limited jurisdiction that conducts proceedings relating to a deceased person’s estate is:

a. a probate court.
b. a common pleas court.
c. a bankruptcy court.
d. an estate court.

Answer 29

a. a probate court.

Question 30

The diversity of the sates of citizenship of the litigants in a case may be the basis for:

a. Allow a case brought in a state court to be removed to a federal court.
b. All of these choices.
c. A federal court to have original jurisdiction in a case.
d. A federal and a state court to have concurrent jurisdiction.

Answer 30

b. All of these choices.

Question 31

Only a:

a. judge, not a jury, can rule on questions of fact.
b. magistrate, not a judge nor a jury, can rule on questions of fact.
c. judge, not a jury, can rule on questions of law.
d. jury, not a judge, can rule on questions of law.

Answer 31

c. judge, not a jury, can rule on questions of law.

Question 32

A rule of the United States Supreme Court under which the court will not issue a writ of certiorari unless at least a minimum number of justices approve of the decision to issue the writ is the:

a. rule of five.
b. rule of approval.
c. rule of four.
d. rule of three.

Answer 32

c. rule of four.

Question 33

Typically, the Supreme Court grants petitions for certiorari when cases raise important constitutional questions or when the lower courts are issuing:

a. the same decisions on a significant question.
b. conflicting decisions on a minor question.
c. conflicting decisions on a significant question.
d. similar decisions on a significant question.

Answer 33

c. conflicting decisions on a significant question.

Question 34

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim is:

a. a counterclaim.
b. a summons.
c. a default judgment.
d. an answer.

Answer 34

c. a default judgment.

Question 35

Procedurally, a defendant’s response to the plaintiff’s complaint is:

a. an answer.
b. a default judgment.
c. a reply.
d. a counterclaim.

Answer 35

a. an answer.

Question 36

A discovery tool that requires a party to a lawsuit to answer questions, in person, under oath, is a(n):

a. deposition.
b. complaint.
c. interrogatory.
d. request for admission.

Answer 36

a. deposition.

Question 37

A discovery tool that requires a party to answer open-ended written questions pertinent to the lawsuit under oath, is a(n):

a. deposition.
b. complaint.
c. interrogatory.
d. request for admission.

Answer 37

c. interrogatory.

Question 38

Forms of alternate dispute resolution include:

a. arbitration.
b. All of these choices.
c. negotiation.
d. mediation.

Answer 38

b. All of these choices.

Question 39

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court is:

a. a negotiation clause.
b. None of these choices.
c. an arbitration clause.
d. an alternate dispute resolution clause.

Answer 39

c. an arbitration clause.

Question 40

The resolution of disputes with the assistance of organizations that offer dispute resolution services via the Internet is:

a. virtual dispute resolution.
b. online dispute resolution.
c. Web dispute resolution.
d. Internet dispute resolution.

Answer 40

b. online dispute resolution.