e. none of the other choices are correct
121. Every state court system has trial courts where disputes are initially brought and tried. These are the courts of:
a. limited jurisdiction
b. special jurisdiction
c. original jurisdiction
d. appellate jurisdiction
e. none of the other choices are correct
122. Every state court system has trial courts where disputes are initially brought and tried. These are the courts of:
a. limited jurisdiction
b. special jurisdiction
c. final jurisdiction
d. appellate jurisdiction
e. none of the other choices are correct
123. State courts such as municipal courts or probate courts are called courts of:
a. appellate jurisdiction
b. limited jurisdiction
c. general jurisdiction
d. small claims
e. none of the other choices are correct
124. State courts such as municipal courts or probate courts are called courts of:
a. appellate jurisdiction
b. probationary jurisdiction
c. general jurisdiction
d. small claims
e. none of the other choices are correct
125. State courts of general jurisdiction:
a. are very limited in their authority
b. have authority to decide almost any kind of dispute
c. only have authority on specific issues assigned by the state governor
d. are limited to cases involving less than $2000
e. none of the other choices are correct
126. State courts of general jurisdiction:
a. are usually organized into regions on the county level
b. are usually organized into districts on the county level
c. are always organized by voting districts
d. are organized into equal sized regions on the town level
e. none of the other choices are correct
127. State courts of limited or special jurisdiction include:
a. municipal courts
b. justice of the peace courts
c. probate courts
d. small claims courts
e. all of the other choices are correct
128. A court of limited or special jurisdiction would most likely be:
a. probation courts
b. appellate courts
c. probate courts
d. supreme courts
e. district courts
129. Municipal courts usually:
a. hear claims that involve less money than claims heard in district courts
b. hear claims that involve more money than claims heard in district courts
c. hear the same claims as a district court
d. hear claims rejected by the district courts
130. Litigants not satisfied with the decision of a court of limited jurisdiction may:
a. appeal to a superior court within the area
b. request review by an administrative tribunal
c. request a new trial at a court of general jurisdiction
d. engage in a “certified refusal” of the verdict
e. none of the other choices are correct
131. When litigants not satisfied with the decision of a court of limited jurisdiction appeal to a court of general jurisdiction
they will get:
a. a writ of certiorari
b. a trial de novo
c. a stare decisis
d. a magna carta
e. none of the other choices are correct
132. When litigants not satisfied with the decision of a court of limited jurisdiction appeal to a court of general jurisdiction
they will get:
a. a writ of certiorari
b. an automatic reversal of decision
c. a stare decisis
d. a magna carta
e. none of the other choices are correct
133. 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
134. Small claims courts:
a. may hear any case so long as the amount in controversy is less than the limit set by law
b. are quick to hear cases but require lawyers, so cost about the same as regular court
c. have less formal procedure than regular court
d. may not take cases that exceed a matter worth more than $2,500
e. none of the other choices are correct
135. Small claims courts:
a. have dollar limits on the kinds of the cases they can hear
b. are generally quicker to hear cases than regular district courts
c. have less formal procedure than regular district courts
d. do not require the use of lawyers
e. all of the other choices are correct
136. Small claims courts are good for collecting small debts because:
a. the court provides the attorneys
b. the process is slower, but cheaper, than the district courts
c. the procedure is less formal and representation by an attorney is not necessary
d. the judges in small claims courts are friendlier
e. none of the other choices are correct
137. 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
138. State court systems:
a. all have intermediate appeals and supreme courts beyond trial courts
b. have no appellate courts
c. do not all have supreme courts, but most do
d. are required by the U.S. Constitution to have appeals courts
e. none of the other choices are correct
139. If a party wishes to appeal from a lower court decision in a state court, which of the following is true about the right
of appeal:
a. it is a matter of right to at least one higher court
b. it is a matter of right to two levels of appellate review
c. it is a matter of right to the state supreme court
d. it is a matter of right to take the case to the federal system
e. it is a matter of right to have the cost borne by the state
140. When a court system has two levels of appellate courts, appeal is usually a matter of right at the first level and
at the second level.
a. discretion of the President
b. discretion of the state governor
c. discretion of the court
d. discretion of the jury
e. none of the other choices are correct
141. The most common issue(s) reaching the highest state courts involve(s):
a. the validity of a state law
b. the state constitution
c. a federal law as it is affected by a state law
d. all of the other specific choices are correct
e. none of the other specific choices are correct
142. A party seeking further review from the highest state court may attempt to seek review from:
a. the federal district court in that district
b. the federal appeals court in that district
c. a panel of state supreme court justices from surrounding states
d. the U.S. Supreme Court
e. may not seek any further review
143. The legal process that resolves disputes among persons, businesses, and governments is known as:
a. appellate jurisdiction
b. criminal procedure
c. civil litigation
d. general jurisdiction
e. limited jurisdiction
144. involves the use of the law and the legal process to resolve disputes among individuals, businesses, and
governments.
a. civil litigation
b. subject matter jurisdiction
c. territorial jurisdiction
d. concurrent jurisdiction
e. criminal litigation
145. involves the use of the law and the legal process to resolve disputes among individuals, businesses, and
governments.
a. criminal litigation
b. subject matter jurisdiction
c. territorial jurisdiction
d. concurrent jurisdiction
e. none of the other choices are correct
146. The party claiming to have suffered an injury that the law can remedy is:
a. the appellate court
b. the judge
c. the defendant
d. the plaintiff
e. the bailiff
147. The party claiming to have suffered an injury that the law can remedy is:
a. the appellate court
b. the judge
c. the defendant
d. the bailiff
e. none of the other choices are correct
148. The party who files a law suit is the:
a. state
b. defendant
c. plaintiff
d. judge
e. bailiff
149. The party who files a law suit is the:
a. state
b. defendant
c. bailiff
d. judge
e. none of the other choices are correct
150. The party who is sued in a law suit is the:
a. state
b. defendant
c. plaintiff
d. judge
e. bailiff
151. The party who is sued in a law suit is the:
a. state
b. bailiff
c. plaintiff
d. judge
e. none of the other choices are correct
152. The party who hears a law suit is the:
a. state
b. defendant
c. plaintiff
d. judge
e. bailiff
153. Many aspects of the civil litigation process between two parties in the federal court system, including pleadings,
discovery, trial procedures, and motions, are governed by:
a. the U.S. Court Rules of Civil Process
b. the Federal Rules of Civil Procedure
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
e. none of the other choices
154. Many aspects of the civil litigation process between two parties in the federal court system, including pleadings,
discovery, trial procedures, and motions, are governed by:
a. the U.S. Court Rules of Civil Process
b. the Federal Administrative Procedure Regulations
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
e. none of the other choices are correct
155. Although states are free to develop their own procedural rules, many have adopted:
a. the Civil Court Rules
b. the Federal Rules of Civil Procedure
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
e. none of the other choices are correct
156. Although states are free to develop their own procedural rules, many have adopted:
a. the Civil Court Rules
b. the Common State Civil Procedure
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
e. none of the other choices are correct
157. The Federal Rules of Civil Procedure were developed by an advisory committee appointed by:
a. the President
b. Congress
c. the Constitution
d. the U.S. Supreme Court
e. none of the other choices are correct
158. The Federal Rules of Civil Procedure were developed by an advisory committee appointed by:
a. the President
b. Congress
c. the Constitution
d. the founding fathers
e. none of the other choices are correct
159. The Federal Rules of Civil Procedure govern:
a. the procedures of the litigation process and relevant motions
b. where the Supreme Court has jurisdiction
c. how many judges may serve in a given district
d. how long judges can serve
e. none of the other choices are correct
160. The Federal Rules of Civil Procedure govern:
a. only administrative litigation
b. only criminal litigation
c. only civil litigation
d. how long judges can serve
e. none of the other choices are correct
161. With respect to a court, jurisdiction means:
a. the rule of justice in practice
b. the right to command parties
c. the authority to command parties
d. the power to speak of the law
e. none of the other choices are correct
162. With respect to a court, jurisdiction means:
a. the rule of justice in practice
b. the right to command parties
c. the authority to command parties
d. the right to write the law
e. none of the other choices are correct
163. A court’s jurisdiction defines:
a. the limits within which it may declare, administer, or apply the law
b. the amount it may award for damages
c. the limits within which it may write resolutions
d. the geographic area within which it may declare, administer, or apply the law
e. none of the other choices are correct
164. A court’s jurisdiction defines:
a. how many judges may preside
b. the amount it may award for damages
c. the kind of cases it may hear appeals for
d. the geographic area within which it may declare, administer, or apply the law
e. none of the other choices are correct
165. Limitations on the kinds of disputes a court may resolve come from:
a. the Bill of Rights
b. a constitution
c. the Supreme Court
d. the presiding judge(s)
e. none of the other choices are correct
166. When filing a lawsuit, the party bringing the suit must select a court that has both:
a. jurisdiction over the subject matter and over the person or property of the defendant
b. jurisdiction over the subject matter of the dispute (the res) and appellate jurisdiction
c. in personam jurisdiction and quasi-in–rem jurisdiction
d. in personam jurisdiction and appellate jurisdiction
e. in rem jurisdiction and jurisdiction over the subject matter of the litigation
167. 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
168. The party bringing a lawsuit must choose a court with:
a. jurisdiction over the defendant
b. jurisdiction over the state
c. jurisdiction over the bailiff in novo
d. jurisdiction over the witnesses
e. all of the other choices are correct
169. If a court rules in a particular case in which it is later found not to have jurisdiction:
a. the court will be fined
b. the plaintiff will be fined
c. the judgment of the court will be declared null and void upon appeal
d. the judgment of the court will be suspect in all future cases
e. the judgment of the court will stand
170. If a court rules in a particular case in which it is later found not to have jurisdiction:
a. the court will be fined
b. the plaintiff will be fined
c. the judgment of the court will stand
d. the judgment of the court will be suspect in all future cases
e. none of the other choices are correct
171. Statutes passed by Congress may limit which types of jurisdiction?
a. inclusive jurisdiction
b. de novena jurisdiction
c. global jurisdiction
d. subject matter jurisdiction
e. superior jurisdiction
172. Statutes passed by Congress may limit which types of jurisdiction?
a. de novena jurisdiction
b. interstate jurisdiction
c. inclusive jurisdiction
d. superior jurisdiction
e. none of the other choices are correct
173. Subject-matter jurisdiction is:
a. created by a constitution or statute on the disputes a court can resolve
b. relevant in civil litigation but not in criminal litigation
c. voided upon appeal to the appropriate court of appeals
d. also referred to as trial de novo
e. applied to administrative agencies but not to state or federal trial courts
174. Subject-matter jurisdiction is:
a. relevant in civil litigation but not in criminal litigation
b. voided upon appeal to the appropriate court of appeals
c. also referred to as trial de novo
d. applied to administrative agencies but not to federal trial courts
e. none of the other choices are correct
175. Requirements on the amount in controversy or restrictions on the legal area a court can hear fall under the category
of:
a. diversity of citizenship jurisdiction
b. subject-matter jurisdiction
c. executive jurisdiction
d. legal jurisdiction
e. defendant jurisdiction
176. Requirements on the amount in controversy or restrictions on the legal area a court can hear fall under the category
of:
a. diversity of citizenship jurisdiction
b. defendant jurisdiction
c. executive jurisdiction
d. legal jurisdiction
e. none of the other choices are correct
177. Federal courts have the judicial power to hear cases involving:
a. a federal question
b. a dispute between two states
c. a case involving a treaty
d. a dispute between a citizen and a foreign citizen
e. all of the other choices can be correct
178. Federal courts do not have the judicial power to hear a case involving:
a. a treaty
b. the Constitution
c. federal laws
d. a foreign citizen
e. they do have the power to hear cases involving any of the other choices
179. Federal courts have the judicial power to hear many cases involving:
a. federal questions
b. diversity of citizenship
c. treaties with other nations
d. a dispute between two states
e. any of the other choices can be correct
180. Federal courts have the judicial power to hear most cases involving:
a. divorces
b. traffic offenses
c. federal questions
d. wills
e. none of the other choices are correct