Question 1

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

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 in 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 E)
G) A) and B)

Question 2

"Appellate Court." Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue on behalf of all those employees. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury.
-Will an appellate court hear Jim's case?

Accepted Answer

A)   Yes, so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.
B)   Yes, but only if Jim can prove that he would have had to wait at least a year for a trial at the trial court level.
C)   Yes, but only if Jim files his case in state court as opposed to federal court.
D)   Yes, but Jim is not entitled to a jury.
E)   No, because Jim is required to first file the case in the appropriate trial court.F) None of the above
G) B) and E)

Question 3

Which of the following is true regarding trials in Japan?

Accepted Answer

A)   The Japanese trial system has juries that function similar to juries in America.
B)   The discovery process in the Japanese court system is much simpler than that in America.
C)   Trial involves a series of discrete meetings between the parties and the judge.
D)   Known evidence must be automatically exchanged without request or order of the court.
E)   Only civil penalties may be imposed in civil cases for parties violating judicial orders.F) A) and E)
G) A) and C)

Question 4

Which of the following is true regarding federal jurisdiction?

Accepted Answer

A)   There is no exclusive federal jurisdiction in civil matters.
B)   If a case falls within the federal jurisdiction, it may not fall within state jurisdiction.
C)   Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction.
D)   Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters.
E)   Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.F) A) and E)
G) B) and E)

Question 5

Because of its complicated nature, any complaint should be at least three pages long.

Accepted Answer

A) True 
 B)False

Question 6

How many circuits does the U.S. Court of Appeals have?

Accepted Answer

A)   6
B)   50
C)   12
D)   10
E)   13F) C) and D)
G) A) and B)

Question 7

Paul lives in Florida but owns property in Tennessee for which he has not paid property tax in several years. Assuming the state meets procedural requirements, which of the following is true?

Accepted Answer

A)   The court can exert in personam            jurisdiction over the property itself and sell it to satisfy the tax debt.
B)   The court can exert in rem jurisdiction over the property and sell it to satisfy the tax debt.
C)   The court can exert both in personam  jurisdiction and in rem jurisdiction over Paul but must wait until his return to the state in order to sell the property to satisfy the tax debt.
D)   The court can exert both in personam  jurisdiction and in rem jurisdiction over the property itself and may take control of the property, but the court must wait until Paul's return to the state in order to sell the property to satisfy the tax debt.
E)   The court has no right to sell the property to satisfy the tax debt because no jurisdiction is present.F) All of the above
G) A) and C)

Question 8

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?

Accepted Answer

A)   Send interrogatories to Billy.
B)   Take Billy's deposition.
C)   Send a request to admit to Billy that the accident was the defendant's fault.
D)   Have a conference with the judge and Billy.
E)   There is nothing she can do.F) C) and D)
G) A) and B)

Question 9

Which of the following is true regarding the court system in the Republic of China (Taiwan) ?

Accepted Answer

A)   It is identical to the court system in the U.S.
B)   For civil and criminal cases, and for cases interpreting the country's constitution, the Supreme Court is the court of last resort.
C)   All cases go directly from the trial court to the Supreme Court, and there is no intermediate appellate court system.
D)   While constitutional issues are heard by the country's Supreme Court, regular civil and criminal cases are heard by the Court of the Judicial Yuan.
E)   Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.F) All of the above
G) B) and C)

Question 10

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ______.

Accepted Answer

A)   Minimum contact statutes
B)   Significant contact statutes
C)   Long-arm statutes
D)   In rem statutes
E)   Quasi In rem statutesF) B) and E)
G) A) and D)

Question 11

"Revenge." Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At the trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After the trial, Jane reported Greg's action of letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal.
-What standard of proof would the judge apply in a criminal action against Greg?

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 E)
G) A) and D)

Question 12

"Revenge." Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At the trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After the trial, Jane reported Greg's action of letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal.
-Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire?

Accepted Answer

A)   No, the judge was wrong and should have considered that testimony.
B)   Yes, the judge was correct to disallow the testimony because it involved a possible criminal action.
C)   Yes, the judge was correct to disallow the testimony because it was hearsay.
D)   Yes, the judge was correct to disallow the testimony but only because Susie was in the courtroom and could testify herself; otherwise, it should have been allowed.
E)   Yes, the judge was correct to disallow the testimony but only because it purportedly came from an admitted friend of the defendant, not an independent witness; otherwise, it should have been allowed.F) A) and C)
G) B) and E)

Question 13

Define the term "in personam" jurisdiction and discuss where corporations and individuals are generally subject to that type of jurisdiction. Include in your answer a discussion of long-arm jurisdiction.

Accepted Answer

In personam jurisdiction references a co...

Question 14

Over which of the following does the federal court system have exclusive jurisdiction?

Accepted Answer

A)   Admiralty cases only
B)   Bankruptcy cases only
C)   Federal copyright cases only
D)   Admiralty, bankruptcy, and federal copyright cases
E)   The federal court system has no exclusive jurisdictionF) B) and D)
G) C) and E)

Question 15

Intermediate courts of appeal in the state court system exist in all states.

Accepted Answer

A) True 
 B)False

Question 16

"Appellate Court." Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue on behalf of all those employees. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury.
-Assuming Jim ends up initially, or at some later point, at the appellate level, is he entitled to a jury at the appellate level?

Accepted Answer

A)   No, jurors are not used at the appellate court level.
B)   Yes, but only if he had a jury first at the trial court level.
C)   Yes, if he satisfies the requirements to initially bring the case in appellate court, he is entitled to a jury.
D)   Yes, but only if the employer agrees to a jury.
E)   Yes, because appellate courts decide questions of fact while questions of law are decided at the trial court level.F) A) and C)
G) A) and B)

Question 17

In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction.

Accepted Answer

A) True 
 B)False

Question 18

"Revenge." Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At the trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After the trial, Jane reported Greg's action of letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal.
-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 19

Alice, a resident of Michigan, claims that Pet Food Company Inc., put out some dog food that made her dog, Champ, sick. Champ is a prize winning poodle. He survived the pet food fiasco but only after traveling to a veterinarian in Florida specializing in poodles and having two very expensive surgeries. Additionally, his ability to sire has been impaired, and Alice will have no more breeding fees from Champ. Her damages are $80,000. Pet Food Company Inc., is incorporated in Delaware, with its principal place of business in Michigan. Alice asks you whether she can sue in federal court. What would you tell her and why?

Accepted Answer

Alice cannot sue in federal co...

Question 20

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Accepted Answer

A)   It depends on the nature and quality of commercial activity that an entity conducts over the Internet.
B)   Yes, for any type of action.
C)   Yes, but only if the defendant consented to jurisdiction in the plaintiff's home state.
D)   Yes, but only if the defendant has actually physically been in the plaintiff's home state within the 180 days prior to the filing of the complaint.
E)   No, not under any circumstances.F) C) and E)
G) A) and B)

Exam 3: The US Legal System

Which of the following is true regarding trials in Japan?

Correct Answer
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Over which of the following does the federal court system have exclusive jurisdiction?

Correct Answer
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Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?

Correct Answer
verified

In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction.

Correct Answer
verified

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ______.

Correct Answer
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Correct Answer
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Correct Answer
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Paul lives in Florida but owns property in Tennessee for which he has not paid property tax in several years. Assuming the state meets procedural requirements, which of the following is true?

Correct Answer
verified

Which of the following is true regarding the court system in the Republic of China (Taiwan) ?

Correct Answer
verified

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Correct Answer
verified

Define the term "in personam" jurisdiction and discuss where corporations and individuals are generally subject to that type of jurisdiction. Include in your answer a discussion of long-arm jurisdiction.

Correct Answer
verified
In personam jurisdiction references a co...
View Answer

Correct Answer
verified

Correct Answer
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Alice cannot sue in federal co...
View Answer

How many circuits does the U.S. Court of Appeals have?

Correct Answer
verified

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

Correct Answer
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Correct Answer
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Correct Answer
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Which of the following is true regarding federal jurisdiction?

Correct Answer
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Intermediate courts of appeal in the state court system exist in all states.

Correct Answer
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Because of its complicated nature, any complaint should be at least three pages long.

Correct Answer
verified

Exam 3: The US Legal System

Which of the following is true regarding trials in Japan?

Correct AnswerverifiedShow Answer

Over which of the following does the federal court system have exclusive jurisdiction?

Correct AnswerverifiedShow Answer

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?

Correct AnswerverifiedShow Answer

In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction.

Correct AnswerverifiedShow Answer

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ______.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Paul lives in Florida but owns property in Tennessee for which he has not paid property tax in several years. Assuming the state meets procedural requirements, which of the following is true?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the court system in the Republic of China (Taiwan) ?

Correct AnswerverifiedShow Answer

Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?

Correct AnswerverifiedShow Answer

Define the term "in personam" jurisdiction and discuss where corporations and individuals are generally subject to that type of jurisdiction. Include in your answer a discussion of long-arm jurisdiction.

Correct AnswerverifiedIn personam jurisdiction references a co...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedAlice cannot sue in federal co...View AnswerShow Answer

How many circuits does the U.S. Court of Appeals have?

Correct AnswerverifiedShow Answer

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding federal jurisdiction?

Correct AnswerverifiedShow Answer

Intermediate courts of appeal in the state court system exist in all states.

Correct AnswerverifiedShow Answer

Because of its complicated nature, any complaint should be at least three pages long.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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In personam jurisdiction references a co...
View Answer

Correct Answer
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Correct Answer
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Alice cannot sue in federal co...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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