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e. none of the other choices are correct

The U.S. Supreme Court:
a. was created by Congress
b. hears all appeals made from the federal district courts
c. hears all appeals made from the federal appeals courts
d. must have nine justices
e. none of the other choices are correct

d. Supreme Court

The highest court in the United States is the:
a. federal district court
b. Court of Appeals for the Federal Circuit
c. Court of Presidential Appeals
d. Supreme Court
e. Court of International Justice

e. all of the other choices are correct

Many states provide small claims courts. These courts:
a. have limited jurisdiction
b. hear cases involving a relatively small amount of money
c. only hear cases involving certain subjects
d. are less formal than other courts
e. all of the other choices are correct

b

State court systems:
a. all have intermediate appeals and supreme courts beyond trial courts
b. all have supreme courts
c. have no appellate courts; federal appeals courts are used
d. do not all have supreme courts, but most do
e. are required by the U.S. Constitution to have appeals courts

c. plaintiff

The party who files a law suit is the:
a. state
b. defendant
c. plaintiff
d. judge
e. bailiff

a. jurisdiction over the subject matter

The party bringing a lawsuit must choose a court with:
a. jurisdiction over the subject matter
b. jurisdiction over the plaintiff
c. jurisdiction over the bailiff in novo
d. jurisdiction over the state
e. all of the other choices are correct

a. subject matter jurisdiction

Statutes passed by Congress may limit which types of jurisdiction?
a. subject matter jurisdiction
b. de novena jurisdiction
c. global jurisdiction
d. inclusive jurisdiction
e. superior jurisdiction

a

Federal courts have the judicial power to hear most cases involving:
a. federal questions
b. traffic offenses
c. divorce
d. wills
e. none of the other choices are correct

d. if the amount in controversy is more than $75,000 and the parties to the dispute are from different states

A federal district court generally has the authority to accept a case for adjudication:
a. whenever the amount in controversy is more than $100,000
b. only if it involves a constitutional question or federal law
c. if the state courts cannot establish appropriate jurisdiction through conflict-of-law rules
d. if the amount in controversy is more than $75,000 and the parties to the dispute are from different states
e. none of the other choices are correct

e. none of the other choices are correct

A federal district court generally has the authority to accept a case for adjudication:
a. whenever the amount in controversy is more than $100,000
b. only if it involves a constitutional question
c. if the state courts refuse jurisdiction
d. in any instance; federal courts can have jurisdiction over all litigation
e. none of the other choices are correct

a

Besides having personal jurisdiction over a case, the court must also have:
a. subject-matter jurisdiction
b. plaintiff jurisdiction
c. personal service jurisdiction
d. substituted service jurisdiction
e. all of the other choices are correct

b. state law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants

A long-arm statute is a:
a. federal law to allow regulatory agencies to sue foreign businesses in federal court
b. state law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants
c. state law that allows plaintiffs to force defendants to come to a state for purpose of serving process
d. federal law that allows plaintiffs to force defendants to come to the U.S. for purposes of serving process
e. none of the other choices are correct

e. any of the three specific choices are correct

A court can exercise jurisdiction over a corporation if the court is located in:
a. the state in which the corporation was incorporated
b. the state where the corporation has its main plant
c. a state in which the corporation is doing business
d. none of the three specific choices are correct
e. any of the three specific choices are correct

e

As the Supreme Court has explained, for a state to have jurisdiction over an out-of-state business there must exist:
a. "significant business relationships"
b. a "direct physical relationships"
c. "substantial business contacts"
d. intrastate business in another state
e. none of the other choices are correct

a

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:
a. in rem jurisdiction
b. territorial jurisdiction
c. in personam jurisdiction
d. removal jurisdiction
e. venue

e

Quasi in rem jurisdiction is exercised by a court when:
a. the plaintiff exercises jurisdiction over a non-state resident through a long-arm statute
b. the defendant's real estate is seized and deeded over to the plaintiff
c. the jurisdiction must be in personam
d. rules of equity are applied to disputes involving property
e. none of the other choices are correct

e

Flashy in Houston paints T's car for $1,500. T moves to Pittsburgh and does not pay Flashy. T still owns a house in Houston. T ignores a court proceeding against him in Houston to collect the debt. Flashy may next go to court in Houston and ask the court to:
a. use the long-arm statute to force T to come to court in Houston
b. send a marshal to Pittsburgh and bring T back by force if needed
c. assume territorial jurisdiction over the house and use it to help pay the bill owed
d. order a court in Pittsburgh to rule in favor of Flashy
e. none of the other choices are correct

e. none of the other choices are correct

If a dispute may be resolved in a state court only, the state court is said to have:
a. binding jurisdiction
b. expedient jurisdiction
c. redundant jurisdiction
d. in rem jurisdiction
e. none of the other choices are correct

d

State courts may never have jurisdiction in which of the following situations?
a. plaintiff and defendant both live in the same state and the dispute involves state law
b. plaintiff and defendant live in different states, the matter involves state law, and the amount in controversy is less than $75,000
c. plaintiff and defendant live in different states, the matter involves state law, and the amount in controversy is more than $75,000
d. plaintiff and defendant live in the same state and the dispute involves a law for which the federal courts have exclusive jurisdiction
e. none of the other choices; state courts could have jurisdiction in any of the situations

c

State courts often have jurisdiction to hear federal question cases. An exception to this rule exists when the:
a. Supreme Court determines that the state courts are not capable of handling the complexity of a particular federal question
b. state court has a history of deciding federal questions cases against the government
c. Congress declares that states do not have jurisdiction over a specific federal law
d. the President has assumed control over an area of law
e. United Nations has held that the courts of any nation do not have jurisdiction

d

Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
Refer to Fact Pattern 3-1. If Amanda sues Musclematic she fill probably file a products liability claim. If she does, if she wins the case, and if she receives an average award from a jury, Amanda will receive:
a. over $10,000
b. over $100,000
c. over $500,000
d. over $1,000,000
e. an order for specific performance

b. file a complaint

Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
Refer to Fact Pattern 3-1. You are Amanda's attorney. To begin your lawsuit against Musclematic you must first:
a. file a for a hearing
b. file a complaint
c. file a reply
d. file an answer
e. file a counterclaim

e

Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
Refer to Fact Pattern 3-1. After the pleading stage of Amanda's lawsuit is complete, she need to use the discovery process to gather information. If Amanda wants to see the design plans for the machine that injured her she should:
a. request a deposition
b. request a set of written interrogatories
c. request a special verdict
d. request an admission
e. request a production of documents

d

Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
Refer to Fact Pattern 3-1. What is the likelihood that Amanda will be able to depose the president of Musclematic or obtain an interrogatory?
a. wholly unlikely
b. maybe, but almost certainly not
c. slightly likely
d. very likely
e. forget it, she couldn't depose the president if her life depended upon it

a. an award

Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the New York Stock Exchange."

Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.

Refer to Fact Pattern 3-2. After presenting her evidence at arbitration, Ellen is quite happy when they decide that, in fact, James has violated his contractual obligations to her, and owes her damages. Any damages that Ellen wins are known as:

a. an award
b. a judgment
c. an exaction
d. a presentation
e. a collection

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