Question 1

Which statement about state and federal court jurisdiction is true?

Accepted Answer

A)   State courts begin with exclusive jurisdiction until a federal court intervenes.
B)   In all cases, state courts have concurrent jurisdiction with the federal courts.
C)   Federal courts begin with exclusive jurisdiction until a state court intervenes.
D)   In all cases, state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state.
E)   In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.F) A) and C)
G) B) and D)

Question 2

The U.S. Courts of Appeals can hear appeals from ________.

Accepted Answer

A)   any federal district court
B)   neighboring district courts
C)   district courts in its geographic area
D)   the U.S. Supreme Court
E)   state supreme courtsF) None of the above
G) A) and E)

Question 3

In a criminal case against Anton, what standard of proof would the judge apply?

Accepted Answer

A)   A preponderance of the evidence standard
B)   A standard of proof beyond a reasonable doubt
C)   A standard of proof by a margin
D)   A standard of certainty in proof
E)   A standard of proof beyond a reasonable questionF) B) and C)
G) B) and D)

Question 4

State intermediate courts of appeal:

Accepted Answer

A)   Exist in every state
B)   Are analogous to the U.S. Supreme Court
C)   Have very limited jurisdiction
D)   Are courts of last resort
E)   Are analogous to federal circuit courts of appealF) B) and E)
G) A) and B)

Question 5

Which of the following is true regarding tools of discovery?

Accepted Answer

A)   The only tool of discovery is interrogatories.
B)   Depositions are the only tool of discovery available to plaintiffs, but defendants may use both interrogatories and depositions.
C)   Summary motions, interrogatories, and depositions are tools of discovery available to all parties.
D)   Interrogatories and depositions are tools of discovery available to all parties, but summary motions and requests to produce documents are not tools of discovery.
E)   Interrogatories, depositions, and requests to produce documents are all tools of discovery available to all parties.F) B) and E)
G) A) and B)

Question 6

Bethenny, who resides in Rhode Island, breached a contract entered into in Florida with Geraldo. Geraldo successfully obtains a judgment against Bethenny for $150,000 in a Florida state court. Bethenny lives in a nice apartment in Rhode Island, and her only substantial asset is a vacation beach house in North Carolina. Which of the following is true regarding Geraldo's ability to obtain funds from a sale of the beach house?

Accepted Answer

A)   Geraldo is only entitled to obtain funds from property located in Florida, the location of the lawsuit, and cannot benefit from the property in North Carolina.
B)   Geraldo is only entitled to obtain funds from property located in Florida, the location of the lawsuit, or from Rhode Island, Bethenny's domicile, and cannot benefit from the property in North Carolina.
C)   Geraldo will be able to obtain his judgment from the sale of the beach house in North Carolina through in rem jurisdiction, and he is entitled to keep any funds obtained in excess of amounts owed.
D)   Geraldo will be able to obtain his judgment from the sale of the beach house in North Carolina through in rem jurisdiction, but he must return to Bethenny any funds obtained in excess of amounts owed.
E)   Under federal law, Geraldo will only be able to obtain his judgment from the sale of the beach house through in rem jurisdiction if after two years Bethenny has failed to satisfy the judgment, and any sums received in excess of amounts owed to Geraldo go the Federal Housing Administration.F) D) and E)
G) B) and C)

Question 7

What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time, a default judgment will be entered?

Accepted Answer

A)   Complaint
B)   Answer
C)   Summons
D)   Instructional guide
E)   Transactional analysisF) C) and D)
G) A) and C)

Question 8

In what state is XYZ Bank, a federally chartered bank, considered a citizen?

Accepted Answer

A)   The bank is considered a citizen of any state in which it is located, meaning any state in which the bank has branches.
B)   The bank is considered a citizen of the state in which it is located, meaning the state in which its main office, as specified in its articles of incorporation, is located.
C)   The bank is considered a citizen only of Washington, D.C.
D)   The bank is considered a citizen only of the state in which it does its largest volume of business.
E)   The bank is considered a citizen of Washington, D.C. and also of the state in which it does its largest volume of business.F) B) and D)
G) A) and D)

Question 9

Which of the following is a court's power to hear certain kinds of cases?

Accepted Answer

A)   Subject-matter jurisdiction
B)   In kind jurisdiction
C)   In personam jurisdiction
D)   In loco jurisdiction
E)   In area jurisdictionF) None of the above
G) B) and C)

Question 10

If after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party, the court may grant which of the following?

Accepted Answer

A)   Motion for judgment on the pleadings
B)   Motion for summary judgment
C)   Motion for sanctions
D)   Motion for discovery
E)   Motion for productionF) B) and D)
G) C) and D)

Question 11

A defendant uses a[n] ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Accepted Answer

A)   Secondary answer
B)   Pleading defense
C)   Affirmative defense
D)   Formal answer
E)   Personam answerF) C) and E)
G) B) and E)

Question 12

What standard of proof would the trial judge have applied when ruling on the case?

Accepted Answer

A)   A preponderance of the evidence standard
B)   A standard of proof beyond a reasonable doubt
C)   A standard of proof by a margin
D)   A standard of certainty in proof
E)   A standard of proof beyond a reasonable questionF) A) and B)
G) A) and C)

Question 13

Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a product from Consumer Goods, files a suit against the firm alleging that its products are defective. The firm could ask for dismissal of the suit on the basis:

Accepted Answer

A)   that the case is not ripe.
B)   that the case is moot.
C)   that Tina does not have standing.
D)   that Tina cannot sue a corporation.
E)   that only a state entity has jurisdiction to sue a corporation in its borders.F) A) and D)
G) A) and C)

Question 14

[Revenge] Tamra, a first year law student, slipped on a freshly mopped floor while walking to class. She bumped into Anton, another first year law student, breaking his glasses. He was very angry with Tamra and slashed all of her car tires causing damages of $1,500. Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Anton sued Tamra in state court. Tamra, in the same lawsuit, brought an action against Anton for slashing her tires. At the trial in state court, Tamra told the judge that a friend, Aimee, told Tamra that she saw Anton slash all of Tamra's tires. The judge disallowed Tamra's testimony on that issue. Aimee also came to court and testified about seeing Anton slashing all of Tamra's tires. The state court judge ruled in favor of Tamra awarding her $1,500 in damages. Anton said that he was not giving up and that he would seek double damages on appeal in federal court. Tamra and Anton live in different states when not attending school. After the trial, Tamra reported Anton's action of slashing her tires to the police, who said that they would proceed with a criminal action against Anton. Anton goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal.
-Anton asked Alex what his chances are regarding an appeal filed in federal court. What should Alex tell Anton?

Accepted Answer

A)   He should tell Anton that a federal appeal looks promising but he would not be able to get double damages.
B)   He should tell Anton that the federal appeal looks promising but he would have to prove Tamra was negligent.
C)   He should tell Anton that the federal appeal looks good if the law school admits fault in leaving water on the floor.
D)   He should tell Anton that the federal appeal is not allowed because there are not enough damages at issue.
E)   He should tell Anton that a case from a state trial court would not be appealed to federal court.F) None of the above
G) A) and D)

Question 15

Which of the following is a path that a case could take through the U.S. court system?

Accepted Answer

A)   State trial court to a state supreme court to the U.S. Supreme Court.
B)   State trial court to the U.S. Supreme Court.
C)   U.S. district court to the state supreme court to the U.S. Supreme Court.
D)   State trial court to the U.S. district court to the U.S. Supreme Court.
E)   State trial court to the U.S. circuit court of appeals.F) All of the above
G) A) and C)

Question 16

Long arm statutes require minimum contacts to serve out-of-state defendants.

Accepted Answer

A) True 
 B)False

Question 17

Jurisdiction refers to:

Accepted Answer

A)   A defendant's interest in having an impartial jury preside over a case.
B)   The plaintiff's interest in having a case heard in district court.
C)   The courts' power to render binding decisions on parties before them.
D)   The power of the plaintiff to file a lawsuit in any court of his choosing.
E)   The power of a defendant to have a case removed to an unbiased court.F) A) and B)
G) B) and E)

Question 18

Cooper sues Company A in state court in South Carolina, where he lives, for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A rear-ended his pickup truck. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in South Carolina. Claiming diversity of citizenship, Company A seeks removal to federal district court, but Cooper opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court?

Accepted Answer

A)   The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than South Carolina, then the case may be properly removed to federal court.
B)   The amount in controversy satisfies diversity requirements; and because Company A is incorporated and has its headquarters in a state other than South Carolina, the case may be properly removed to federal court.
C)   Because the amount in controversy satisfies diversity requirements and Company A is incorporated in a state other than South Carolina, the case may be properly removed to federal court regardless of where Company A's headquarters, nerve center, or principal place of business is located.
D)   Because the amount in controversy satisfies diversity requirements and Company A is headquartered in a state other than South Carolina, the case may be properly removed to federal court regardless of where Company A is incorporated and regardless of the location of its nerve center.
E)   Because the amount in controversy fails to satisfy jurisdictional requirements, regardless of the location of Company A, the case may not be removed to federal court.F) B) and E)
G) A) and E)

Question 19

If a plaintiff files a case in state court that could also have been filed in federal court, does the defendant have any say in where the case is heard?

Accepted Answer

A)   The defendant has a right to move the case to federal court.
B)   The defendant can have the case moved to federal court only if federal jurisdiction question is involved.
C)   The defendant can have the case moved to federal court only if the state trial court judge grants permission at his or her discretion.
D)   The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state court are paid by the defendant.
E)   The defendant has no choice, and the case will stay in state court.F) A) and C)
G) A) and D)

Question 20

[Puppy Woes] Ronaldo promised to sell Linda a Dalmatian puppy for $700 but backed out of the deal. Linda sued Ronaldo in state court for breach of contract and asked for a jury to hear the case. During jury selection, one juror, Mika, said that she did not think she could be fair to Linda because Linda did not appear to be a dog lover. Linda's lawyer asked that Mika not hear the case on the basis that she could not be fair, and the judge excused Mika. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so, without a reason given, Linda's lawyer asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda's lawyer made a statement to the jury, as did Ronaldo's lawyer. Linda's lawyer then called to the witness stand Jules, a friend of Linda, who heard the discussion held between Linda and Ronaldo regarding the purchase of the puppy. Jules testified under questioning by Linda's lawyer that she heard Linda say that she would pay $700 for the puppy and that she also heard Ronaldo say that he would sell the dog for that amount. Unfortunately for Linda, Jules also testified in response to questioning by Ronaldo's lawyer that Ronaldo distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Ronaldo had already sold the dog to someone else. The judge ruled in favor of Ronaldo.
-When Linda's lawyer questions Jules, it is called ________, and when Ronaldo's lawyer questions Jules, it is called ________.

Accepted Answer

A)   Absolute examination; counter-examination
B)   True examination; analysis examination
C)   True examination; trickster examination
D)   Direct examination; interrogating examination
E)   Direct examination; cross-examinationF) A) and E)
G) A) and D)

Exam 3: The Us Legal System

Which of the following is a path that a case could take through the U.S. court system?

Correct Answer
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What standard of proof would the trial judge have applied when ruling on the case?

Correct Answer
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The U.S. Courts of Appeals can hear appeals from ________.

Correct Answer
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Correct Answer
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Which of the following is a court's power to hear certain kinds of cases?

Correct Answer
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Which of the following is true regarding tools of discovery?

Correct Answer
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What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time, a default judgment will be entered?

Correct Answer
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Correct Answer
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In what state is XYZ Bank, a federally chartered bank, considered a citizen?

Correct Answer
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Which statement about state and federal court jurisdiction is true?

Correct Answer
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Long arm statutes require minimum contacts to serve out-of-state defendants.

Correct Answer
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If a plaintiff files a case in state court that could also have been filed in federal court, does the defendant have any say in where the case is heard?

Correct Answer
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Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a product from Consumer Goods, files a suit against the firm alleging that its products are defective. The firm could ask for dismissal of the suit on the basis:

Correct Answer
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Correct Answer
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A defendant uses a[n] ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Correct Answer
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Jurisdiction refers to:

Correct Answer
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In a criminal case against Anton, what standard of proof would the judge apply?

Correct Answer
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Correct Answer
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If after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party, the court may grant which of the following?

Correct Answer
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State intermediate courts of appeal:

Correct Answer
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Exam 3: The Us Legal System

Which of the following is a path that a case could take through the U.S. court system?

Correct AnswerverifiedShow Answer

What standard of proof would the trial judge have applied when ruling on the case?

Correct AnswerverifiedShow Answer

The U.S. Courts of Appeals can hear appeals from ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is a court's power to hear certain kinds of cases?

Correct AnswerverifiedShow Answer

Which of the following is true regarding tools of discovery?

Correct AnswerverifiedShow Answer

What is the document called that informs the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time, a default judgment will be entered?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In what state is XYZ Bank, a federally chartered bank, considered a citizen?

Correct AnswerverifiedShow Answer

Which statement about state and federal court jurisdiction is true?

Correct AnswerverifiedShow Answer

Long arm statutes require minimum contacts to serve out-of-state defendants.

Correct AnswerverifiedShow Answer

If a plaintiff files a case in state court that could also have been filed in federal court, does the defendant have any say in where the case is heard?

Correct AnswerverifiedShow Answer

Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a product from Consumer Goods, files a suit against the firm alleging that its products are defective. The firm could ask for dismissal of the suit on the basis:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A defendant uses a[n] ________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Correct AnswerverifiedShow Answer

Jurisdiction refers to:

Correct AnswerverifiedShow Answer

In a criminal case against Anton, what standard of proof would the judge apply?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party, the court may grant which of the following?

Correct AnswerverifiedShow Answer

State intermediate courts of appeal:

Correct AnswerverifiedShow Answer

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