Question 1

A writ of certiorari is .

Accepted Answer

A)   an order to a lower court to send the record of a case to the Supreme Court
B)   a legal principle which obliges judges to defer to legal precedents set by previous cases
C)   a statute authorizing a state court to obtain jurisdiction over an out-of-state defendant
D)   a process in which the judge and the attorneys question potential jurorsE) B) and C)
F) A) and C)

Question 2

is providing the defendant with a summons and a copy of the complaint.

Accepted Answer

A)   Licensure
B)   Censure
C)   Service
D)   ReprobationE) B) and C)
F) C) and D)

Question 3

Which of the following statements is true of the factors to be considered by a businessperson before appealing a decision?

Accepted Answer

A)   Appellate courts are usually composed of a grand jury.
B)   A favorable ruling in an appellate court has precedential value.
C)   Attorneys are less expensive to hire for an appeal than an initial trial.
D)   The appeal should not allege that a prejudicial error occurred during the trial.E) B) and C)
F) None of the above

Question 4

If the plaintiff and defendant are from different states, the case can only be heard in a federal court.

Accepted Answer

A) True 
 B)False

Question 5

Explain with an example how the legal system in the United States differs from that of other countries.

Accepted Answer

The United States has a common-law syste...

Question 6

Which of the following statements is true of state court systems?

Accepted Answer

A)   A court of last resort is often the only appellate court in a state.
B)   The small claims court is a court of general jurisdiction in most states.
C)   Intermediate courts of appeal deal only with cases falling under general jurisdiction.
D)   Each state has only one trial court of general jurisdiction.E) None of the above
F) A) and D)

Question 7

A court of original jurisdiction is usually referred to as a trial court.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements is true about pleadings?

Accepted Answer

A)   Informal negotiations can only be held after the pleadings have been served.
B)   Counterclaims should only contain responses to the allegations in complaints.
C)   A motion to dismiss can only be filed by the plaintiff.
D)   Plaintiffs are allowed to file a reply to a defendant's counterclaim.E) A) and D)
F) B) and C)

Question 9

Voir dire refers to the .

Accepted Answer

A)   process of questioning potential jurors to determine whether they will be able to render an unbiased opinion in the case
B)   pretrial testimony of witnesses who are examined under oath
C)   power of a court to render a decision that affects property directly rather than the owner of the property
D)   jurisdictional supremacy that federal courts have over state courts over matters concerning concurrent jurisdictionE) B) and D)
F) None of the above

Question 10

Which of the following statements is true about a defendant's case?

Accepted Answer

A)   The plaintiff's attorney is entitled to cross-examine the defendant's witnesses.
B)   A defendant must only present a case if his or her motion for a directed verdict is granted.
C)   The defendant's attorney is not allowed to conduct redirect examinations on the witnesses.
D)   The defendant's case is presented after the conference on jury instruction.E) All of the above
F) B) and C)

Question 11

If the appeals court feels that an error was committed by the lower court when coming to its decision, but it does not know how that error would have affected the outcome of the case, it will reverse the lower court's decision.

Accepted Answer

A) True 
 B)False

Question 12

When parties make international agreements, they can incorporate as a term of the agreement their choice of which nation's court will hear any disputes arising under the agreement.

Accepted Answer

A) True 
 B)False

Question 13

A trial court judge .

Accepted Answer

A)   cannot rule on whether certain evidence is admissible
B)   generally presides over a case as a part of a panel
C)   reviews lower-court cases to determine whether errors of law were committed
D)   decides the facts in a case if the right to a jury trial has been waivedE) A) and D)
F) B) and C)

Question 14

Cases involving diversity of citizenship can be heard in a federal court if an amount in excess of $75,000 is in controversy.

Accepted Answer

A) True 
 B)False

Question 15

A judge who believes in judicial believes that the three branches of government are coequal, and the judiciary should refrain from determining the constitutionality of an act of Congress unless absolutely necessary, to keep from interfering within the congressional sphere of power.

Accepted Answer

A)   restraint
B)   nullification
C)   activism
D)   supremacyE) All of the above
F) A) and B)

Question 16

Making sure that a case is heard with reasonable speed is one of the functions of a trial court judge.

Accepted Answer

A) True 
 B)False

Question 17

Forum non conveniens is .

Accepted Answer

A)   a doctrine that allows a case to be moved from a state court to a federal court
B)   applicable only for cases falling under exclusive federal jurisdiction
C)   a doctrine that allows a change in venue of the case
D)   granted regardless of the judge's opinionE) C) and D)
F) A) and B)

Question 18

A common court of limited jurisdiction in most states is the court.

Accepted Answer

A)   trial
B)   appellate
C)   intermediate
D)   small claimsE) None of the above
F) All of the above

Question 19

Which of the following statements is true about the structure of the court system in the United States?

Accepted Answer

A)   The U.S. Supreme Court functions only as an appellate court.
B)   The state court of last resort is the only appellate court in the state court system.
C)   Intermediate courts of appeal hear appeals only from courts of general jurisdictions.
D)   County courts hear cases falling under general jurisdiction.E) None of the above
F) A) and D)

Question 20

A court has in personam jurisdiction over a person when .

Accepted Answer

A)   that person responds to the complaint
B)   a complaint has been filed in court against that person
C)   the court serves him or her with a copy of the plaintiff's complaint and a summons
D)   that person enters within the borders of the state in which the court is locatedE) A) and B)
F) B) and D)

Exam 3: The American Legal System

Forum non conveniens is .

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Which of the following statements is true about pleadings?

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A court has in personam jurisdiction over a person when .

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is providing the defendant with a summons and a copy of the complaint.

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A trial court judge .

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If the appeals court feels that an error was committed by the lower court when coming to its decision, but it does not know how that error would have affected the outcome of the case, it will reverse the lower court's decision.

Correct AnswerverifiedShow Answer

Which of the following statements is true of state court systems?

Correct AnswerverifiedShow Answer

Which of the following statements is true about the structure of the court system in the United States?

Correct AnswerverifiedShow Answer

Which of the following statements is true about a defendant's case?

Correct AnswerverifiedShow Answer

Cases involving diversity of citizenship can be heard in a federal court if an amount in excess of $75,000 is in controversy.

Correct AnswerverifiedShow Answer

If the plaintiff and defendant are from different states, the case can only be heard in a federal court.

Correct AnswerverifiedShow Answer

A judge who believes in judicial believes that the three branches of government are coequal, and the judiciary should refrain from determining the constitutionality of an act of Congress unless absolutely necessary, to keep from interfering within the congressional sphere of power.

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A writ of certiorari is .

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When parties make international agreements, they can incorporate as a term of the agreement their choice of which nation's court will hear any disputes arising under the agreement.

Correct AnswerverifiedShow Answer

Which of the following statements is true of the factors to be considered by a businessperson before appealing a decision?

Correct AnswerverifiedShow Answer

A common court of limited jurisdiction in most states is the court.

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Voir dire refers to the .

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Making sure that a case is heard with reasonable speed is one of the functions of a trial court judge.

Correct AnswerverifiedShow Answer

A court of original jurisdiction is usually referred to as a trial court.

Correct AnswerverifiedShow Answer

Explain with an example how the legal system in the United States differs from that of other countries.

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The United States has a common-law syste...
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