Question 1

Only one party may appeal from a final judgment.

Accepted Answer

A) True 
 B)False

Question 2

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Accepted Answer

A) True 
 B)False

Question 3

Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?

Accepted Answer

A)   The lawyer should make a motion for summary judgment.
B)   The lawyer should make a motion for additional discovery.
C)   The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
D)   The lawyer should file a motion for judgment on the pleadings.
E)   The lawyer should proceed to trial.F) C) and E)
G) A) and B)

Question 4

DeRay and Jenna live in different states. DeRay is suing Jenna for injuring him by causing him to fall. He is seeking $20,000 in damages. DeRay can sue in:

Accepted Answer

A)   Federal court only, because diversity jurisdiction exists.
B)   Federal court only, because DeRay and Jenna live in different states.
C)   Federal court only because the amount in controversy exceeds $10,000.
D)   Both federal and state court.
E)   The state where the fall took place.F) D) and E)
G) A) and C)

Question 5

If a potential juror's response to a question indicates bias, an attorney should use a peremptory challenge to remove the juror.

Accepted Answer

A) True 
 B)False

Question 6

If after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial, 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) None of the above
G) C) and D)

Question 7

The state court system has exclusive jurisdiction over ________.

Accepted Answer

A)   Admiralty cases only
B)   Bankruptcy cases only
C)   Adoption and divorce cases
D)   Admiralty, bankruptcy, and copyright cases
E)   The state court system has no exclusive jurisdictionF) None of the above
G) C) and D)

Question 8

In order for a federal court to hear a case involving a federal question, the amount in controversy must be at least ________.

Accepted Answer

A)   No amount is needed
B)   $75,000
C)   $80,000
D)   $90,000
E)   $100,000F) B) and D)
G) A) and C)

Question 9

Neville knows that he can bring his case against Ramona in a state court in Tennessee but he doesn't know the correct county in which to proceed. Which of the following address the proper county?

Accepted Answer

A)   In personam jurisdiction
B)   Venue
C)   Subject-matter jurisdiction
D)   Diversity jurisdiction
E)   Long-arm jurisdictionF) A) and B)
G) None of the above

Question 10

If a defendant is a corporation:

Accepted Answer

A)   No service of process is required.
B)   Only the president of a corporation can be served.
C)   Only the agent of the corporation can be served.
D)   Generally either the president of the corporation or an agent can be served.
E)   The corporation does not have to receive service.F) A) and B)
G) B) and C)

Question 11

Under federal statutory law, Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Accepted Answer

A) True 
 B)False

Question 12

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 federal jurisdiction, it cannot 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) All of the above
G) C) and D)

Question 13

[Appellate Court] DeShaun, who is a bit eccentric, is fed up with the way a certain employer in his town treats employees and decides to sue on behalf of all those employees. DeShaun also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. DeShaun says that those justices will surely hear him out and that he will also seek a jury.
-Will an appellate court hear DeShaun'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 DeShaun 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 DeShaun files his case in state court as opposed to federal court.
D)   Yes, but DeShaun is not entitled to a jury.
E)   No, because DeShaun is required to first file the case in the appropriate trial court.F) B) and D)
G) A) and D)

Question 14

A full bench for the United States Supreme Court consists of how many justices?

Accepted Answer

A)   10
B)   8
C)   12
D)   9
E)   7F) D) and E)
G) A) and B)

Question 15

For diversity-of-citizenship, which of the following is needed?

Accepted Answer

A)   Only that the plaintiff not reside in the same state as the defendant.
B)   Only that the plaintiff reside in the same state as the defendant.
C)   Only that the controversy concern an amount in excess of $75,000.
D)   Only that the controversy concern an amount in excess of $100,000.
E)   That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.F) All of the above
G) A) and E)

Question 16

[Appellate Court] DeShaun, who is a bit eccentric, is fed up with the way a certain employer in his town treats employees and decides to sue on behalf of all those employees. DeShaun also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. DeShaun says that those justices will surely hear him out and that he will also seek a jury.
-Assuming DeShaun eventually ends up 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 B)
G) A) and C)

Question 17

The Court of Appeals for the Federal Circuit hears appeals from all but which one of the following courts:

Accepted Answer

A)   United States Court of Federal Claims
B)   Court of International Trade
C)   Patent and Trademark Office
D)   United States District Courts
E)   United States Court of Appeals for Veterans ClaimsF) A) and E)
G) A) and C)

Question 18

Juries decide questions of law.

Accepted Answer

A) True 
 B)False

Question 19

The US District Courts are considered ________?

Accepted Answer

A)   trial courts
B)   appeals courts
C)   courts of last resort
D)   limited courts
E)   preemptory courtsF) B) and C)
G) D) and E)

Question 20

A(n)  ________ is an order of the court to the sheriff to sell personal assets of the defendant and turn over the proceeds, minus the expenses and fees, to a judgment holder.

Accepted Answer

A)   writ of execution
B)   writ of certiorari
C)   announcement of judgment
D)   penalty decree
E)   motion to collectF) A) and D)
G) A) and E)

Exam 3: The Us Legal System

If a defendant is a corporation:

Correct Answer
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Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?

Correct Answer
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The Court of Appeals for the Federal Circuit hears appeals from all but which one of the following courts:

Correct Answer
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If a potential juror's response to a question indicates bias, an attorney should use a peremptory challenge to remove the juror.

Correct Answer
verified

Which of the following is true regarding federal jurisdiction?

Correct Answer
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Only one party may appeal from a final judgment.

Correct Answer
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A(n) ________ is an order of the court to the sheriff to sell personal assets of the defendant and turn over the proceeds, minus the expenses and fees, to a judgment holder.

Correct Answer
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If after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial, the court may grant which of the following?

Correct Answer
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A full bench for the United States Supreme Court consists of how many justices?

Correct Answer
verified

DeRay and Jenna live in different states. DeRay is suing Jenna for injuring him by causing him to fall. He is seeking $20,000 in damages. DeRay can sue in:

Correct Answer
verified

For diversity-of-citizenship, which of the following is needed?

Correct Answer
verified

The US District Courts are considered ________?

Correct Answer
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Under federal statutory law, Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Correct Answer
verified

In order for a federal court to hear a case involving a federal question, the amount in controversy must be at least ________.

Correct Answer
verified

Juries decide questions of law.

Correct Answer
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The state court system has exclusive jurisdiction over ________.

Correct Answer
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Neville knows that he can bring his case against Ramona in a state court in Tennessee but he doesn't know the correct county in which to proceed. Which of the following address the proper county?

Correct Answer
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Correct Answer
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A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Correct Answer
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Correct Answer
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Exam 3: The Us Legal System

If a defendant is a corporation:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The Court of Appeals for the Federal Circuit hears appeals from all but which one of the following courts:

Correct AnswerverifiedShow Answer

If a potential juror's response to a question indicates bias, an attorney should use a peremptory challenge to remove the juror.

Correct AnswerverifiedShow Answer

Which of the following is true regarding federal jurisdiction?

Correct AnswerverifiedShow Answer

Only one party may appeal from a final judgment.

Correct AnswerverifiedShow Answer

A(n) ________ is an order of the court to the sheriff to sell personal assets of the defendant and turn over the proceeds, minus the expenses and fees, to a judgment holder.

Correct AnswerverifiedShow Answer

If after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial, the court may grant which of the following?

Correct AnswerverifiedShow Answer

A full bench for the United States Supreme Court consists of how many justices?

Correct AnswerverifiedShow Answer

DeRay and Jenna live in different states. DeRay is suing Jenna for injuring him by causing him to fall. He is seeking $20,000 in damages. DeRay can sue in:

Correct AnswerverifiedShow Answer

For diversity-of-citizenship, which of the following is needed?

Correct AnswerverifiedShow Answer

The US District Courts are considered ________?

Correct AnswerverifiedShow Answer

Under federal statutory law, Internet transactions cannot ever be the basis for a finding of in personam jurisdiction.

Correct AnswerverifiedShow Answer

In order for a federal court to hear a case involving a federal question, the amount in controversy must be at least ________.

Correct AnswerverifiedShow Answer

Juries decide questions of law.

Correct AnswerverifiedShow Answer

The state court system has exclusive jurisdiction over ________.

Correct AnswerverifiedShow Answer

Neville knows that he can bring his case against Ramona in a state court in Tennessee but he doesn't know the correct county in which to proceed. Which of the following address the proper county?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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