181. Federal courts have the judicial power to hear most cases involving:
a. interpretation of state constitutions
b. traffic offenses
c. divorce questions
d. wills
e. none of the other choices are correct
182. Some litigation in federal court is there because of the parties involved. In such cases it is most likely that:
a. a foreign citizen is involved
b. the United States is a party to the suit
c. citizens of different states are involved
d. two or more states are parties to the suit
e. any of the other choices may be correct
183. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to
as:
a. diversity of jurisdiction cases
b. diversity of citizenship cases
c. diversity of remuneration cases
d. diversity of statehood cases
e. diversity of subject matter cases
e. none of the other choices are correct
184. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as
diversity of:
a. jurisdiction cases
b. remuneration cases
c. statehood cases
d. subject matter cases
e. none of the other choices are correct
185. Diversity of citizenship cases are:
a. cases that go to federal court that involve disputes between citizens of different states
b. cases that involve citizens of different ethnic backgrounds
c. cases that involve citizens from different countries
d. cases that involve more than two citizens
e. none of the other choices are correct
186. The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:
a. to give the defendant an advantage
b. to give the plaintiff an advantage
c. to provide a neutral forum for handling such disputes
d. to prevent one state courts from having more cases than another state’s courts
e. none of the other choices are correct
187. The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:
a. to give the defendant an advantage
b. to give the plaintiff an advantage
c. to provide a biased forum for handling such disputes
d. to prevent one state courts from having more cases than another state’s courts
e. none of the other choices are correct
188. Litigation in federal court often involves parties from different states. In addition, at least how much in dollar terms
must be in controversy for a case to be heard in a federal court?
a. $1
b. $10,000
c. $50,000
d. $75,000
e. $100,000
189. 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 and the parties are from different states
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
190. 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
191. In international contracts, parties can specify how future disputes will be resolved, including:
a. the choice of a court
b. the choice of a judge
c. the choice of a jury
d. the choice of a Supreme Court justice
e. none of the other choices are correct
192. The Commercial Court in London:
a. is a popular forum for cases involving parties from more than one country
b. is limited to hearing cases involving British citizens
c. only hears criminal cases
d. was formed in 2005
e. was formed as part of the European Union
193. The Commercial Court in London:
a. deals only with simple national business cases
b. deals with complex cases arising out of business disputes, both national and international
c. deals only with criminal cases
d. deals with complex divorce cases, usually involving royalty
e. was formed as part of the European Union
194. Besides having subject-matter jurisdiction over a case, the court must also have:
a. personal service jurisdiction
b. plaintiff jurisdiction
c. personal jurisdiction
d. substituted service jurisdiction
e. all of the other choices are correct
195. Besides having subject-matter jurisdiction over a case, the court must also have:
a. court jurisdiction
b. plaintiff jurisdiction
c. personal service jurisdiction
d. substituted service jurisdiction
e. none of the other choices are correct
196. 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
197. Besides having personal jurisdiction over a case, the court must also have:
a. regular jurisdiction
b. plaintiff jurisdiction
c. personal service jurisdiction
d. substituted service jurisdiction
e. none of the other choices are correct
198. Territorial jurisdiction can become an issue if:
a. the defendant is not a resident of the state in which the plaintiff wishes to bring the lawsuit
b. the plaintiff is not a resident of the state in which the defendant wishes to bring the lawsuit
c. the court is located outside of the United States
d. the defendant was not born in the state in which the plaintiff wishes to bring the lawsuit
e. none of the other choices are correct
199. A court’s power over the person of the defendant is referred to as:
a. default judgment
b. substituted service
c. defendant‘s authority
d. in personam jurisdiction
e. none of the other choices are correct
200. When a court has power over the person who is the defendant of a lawsuit, it is called:
a. in rem jurisdiction
b. quasi in rem jurisdiction
c. stare decisis jurisdiction
d. concurrent jurisdiction
e. none of the other choices are correct
201. When a court has power over the person who is the defendant of a lawsuit, it is called:
a. in rem jurisdiction
b. quasi in rem jurisdiction
c. in personam jurisdiction
d. concurrent jurisdiction
e. none of the other choices are correct
202. A person files a lawsuit. To get the defendant before the court in which suit has been filed, the court must have
power over the person of the defendant. This is called:
a. issuance of a summons
b. in personam jurisdiction
c. service of process
d. in rem jurisdiction
e. venue
203. A person files a lawsuit. To get the defendant before the court in which suit has been filed, the court must have
power over the person of the defendant. This is called:
a. issuance of a summons
b. police power
c. venue
d. in rem jurisdiction
e. none of the other choices are correct
204. A person is notified that a lawsuit has been filed against them by a:
a. default judgment
b. summons
c. venue
d. quasi in rem
e. none of the other choices are correct
e. none of the other choices are correct
205. A person is notified that a lawsuit has been filed against them by a:
a. default judgment
b. service judgment
c. venue
d. quasi in rem
e. none of the other choices are correct
206. Service of process (summons) is traditionally achieved by:
a. long–arm statute
b. service in absentia
c. personal service
d. publication
e. substituted service
207. In practice, service of process (summons) is usually achieved by:
a. long–arm statute
b. service in absentia
c. publication in a local media
d. substituted service
e. none of the other choices are correct
208. If a defendant fails to appear in court after being issued a summons:
a. the court will issue a default judgment against the defendant
b. the court will issue a faulty judgment against the defendant
c. the court will issue a substituted judgment against the defendant
d. the court will issue a standard judgment against the defendant
e. the court will issue a failure-to-appear judgment against the defendant
209. Service of process is usually achieved by:
a. impersonal service
b. personal service
c. legal service
d. dramatic service
e. court service
210. Service of process is usually achieved by:
a. impersonal service
b. court service
c. legal service
d. dramatic service
211. A summons can be delivered to the defendant by:
a. the plaintiff
b. the plaintiff’s attorney
c. a private process server
d. a U.S. marshal
e. all of the other choices are be correct
212. If a defendant cannot be located for a summons to be delivered:
a. a substituted service, such as publication in a newspaper may be used
b. a substituted service, such as calling a relative of the defendant may be used
c. the defendant cannot be subject to the litigation
d. the plaintiff will have to pay the court to find the defendant
e. none of the other choices are correct
213. Jane wants to sue Bob in a Virginia state court. Bob is a resident of Texas. Which of the following method may
Jane use to get jurisdiction over the person of Bob?
a. have the Virginia police arrest Bob in Texas and take him to Virginia
b. Jane could disguise her voice and phone Bob, telling him he has won $10,000 and must pick up the money in
Richmond, Virginia, then have him served in Richmond
c. Jane could have Bob served with a summons while he is driving through the state on his way to Maryland
d. Jane can have Bob served with a summons in Texas; he must appear in Virginia court
e. Jane cannot serve Bob with a summons because he is not a resident of Virginia
214. If a nonresident defendant is passing though the state where the plaintiff wishes to bring the lawsuit:
a. he cannot be legally served with a summons
b. he can be legally served with a summons
c. he can only be legally served with a summons if he remains in the state for 24 hours
d. he can only be legally served with a summons if he commits a crime while in the state
e. none of the other choices are correct
215. 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
216. 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 escaped felons to be arrested outside of the United States
e. none of the other choices are correct
217. A long-arm statute is a:
a. federal law to allow agencies to sue parties anywhere in the U.S.
b. state law that permits courts to reach beyond state lines for jurisdiction over persons in criminal cases only
c. state law that allows plaintiffs to force defendants to come to a state for purpose of serving process
d. state law that permits courts to reach beyond state lines for jurisdiction over non-residents defendants
e. none of the other choices are correct
218. 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
219. A state court can exercise jurisdiction over a corporation except in which of these:
a. the state in which the corporation was incorporated
b. the state where the corporation has a production facility
c. the state where the legislature has granted jurisdiction over all U.S. corporations
d. the state in which the corporation is doing business
e. all of the other choices would be correct
220. State courts may clearly exercise jurisdiction over a corporation except in which case:
a. it is incorporated in the state
b. it has a website available in the state
c. it is doing active business in the state
d. it has a production facility in the state
e. all of the other choices are correct
221. Suppose a business in Georgia sets up a web site advertising its services. A competitor company in Illinois sues the
Georgia firm in Illinois court, claiming that the service being offered is a sham that injures the Illinois firm. The
Georgia company:
a. would not be subject to the jurisdiction of the Illinois courts
b. would be subject to the jurisdiction of the Illinois courts if the web page appeared on computer screens in
Illinois
c. would be subject to the jurisdiction of the Illinois courts if Illinois had a long–arm statute
d. would be subject to the jurisdiction of the Illinois courts so long as the amount in controversy exceeded
$100,000
e. none of the other choices are correct
222. 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. physical contacts
c. minimum contacts
d. substantial contacts
e. none of the other choices are correct
223. 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
224. In Blimka v. My Web Wholesalers an Idaho resident, Blimka, ordered a large quantity of jeans from My Web, a
Maine company that advertised its goods on the Internet. When a dispute arose over the quality of the jeans,
Blimka sued My Web in Idaho state court. My Web contended the Idaho court did not have jurisdiction. The Idaho
high court held that:
a. due to diversity of citizenship, the case had to be transferred to federal court in Idaho
b. because the Maine company did business electronically, not physically, in Idaho, it was not subject to the
jurisdiction of Idaho courts
c. Due Process was violated by forcing a Maine defendant to appear in Idaho court
d. because the Maine company did business, electronically, in Idaho, it was subject to the jurisdiction of Idaho
courts
e. due to diversity of citizenship, the case had to be transferred to federal court in Maine
225. In Blimka v. My Web Wholesalers an Idaho resident, Blimka, ordered a large quantity of jeans from My Web, a
Maine company that advertised its goods on the Internet. When a dispute arose over the quality of the jeans,
Blimka sued My Web in Idaho state court. My Web contended the Idaho court did not have jurisdiction. The Idaho
high court held that:
a. due to diversity of citizenship, the case had to be transferred to federal court in Idaho
b. because the Maine company did business electronically, not physically, in Idaho, it was not subject to the
jurisdiction of Idaho courts
c. Due Process was violated by forcing a Maine defendant to appear in Idaho court
d. due to diversity of citizenship, the case had to be transferred to federal court in Maine
e. none of the other choices are correct
226. In Blimka v. My Web Wholesalers an Idaho resident, Blimka, ordered a large quantity of jeans from My Web, a
Maine company that advertised its goods on the Internet. When a dispute arose over the quality of the jeans,
Blimka sued My Web in Idaho state court. My Web contended the Idaho court did not have jurisdiction. The Idaho
high court held that:
a. the defendants’ actions did not satisfy minimum contacts with respect to the fraud allegations
b. the defendants’ actions did satisfy minimum contacts with respect to the fraud allegations
c. the defendants did not visit Idaho often enough for Blimka to sue them in an Idaho Court
d. Blimka could sue the defendants in Idaho because the defendants owned property in Idaho
e. none of the choices are correct
227. In Blimka v. My Web Wholesalers an Idaho resident, Blimka, ordered a large quantity of jeans from My Web, a
Maine company that advertised its goods on the Internet. When a dispute arose over the quality of the jeans,
Blimka sued My Web in Idaho state court. My Web contended the Idaho court did not have jurisdiction. The Idaho
high court held that:
a. the defendants’ actions did not satisfy minimum contacts with respect to the fraud allegations
b. Blimka could sue the defendants because they started the business in Idaho and then moved it to Maine
c. the defendants did not visit Idaho often enough for Blimka to sue them in an Idaho Court
d. Blimka could sue the defendants in Idaho because the defendants owned property in Idaho
e. none of the choices are correct
228. An Idaho resident bought a large quantity of jeans over the Internet from a Maine company. When a dispute over
the quality of the product arose, the Idaho resident sued the Maine company in Idaho state court. When the Maine
company protested, the supreme court of Idaho, in Blimka v. My Web Wholesalers, held that the buyer:
a. could sue in either state court in Idaho or Maine
b. could sue in either federal court in Idaho or Maine
c. could sue in either federal or state court in Idaho
d. could sue in either federal or state court in Maine
e. none of the other choices are correct
229. An Idaho resident bought a large quantity of jeans over the Internet from a Maine company. When a dispute over
the quality of the product arose, the Idaho resident sued the Maine company in Idaho state court. When the Maine
company protested, the supreme court of Idaho, in Blimka v. My Web Wholesalers, held that the buyer:
a. could sue in state court in Idaho or in Maine
b. could sue in state court in Idaho
c. could sue in state court in Maine
d. could sue in either federal or state court in Maine
e. none of the other choices are correct
230. 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
231. 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. venue
b. territorial jurisdiction
c. in personam jurisdiction
d. removal jurisdiction
e. none of the other choices are correct
232. In rem jurisdiction gives state courts jurisdiction to:
a. resolve disputes over property located in their state
b. resolve disputes over property owned by its residents, but located in another state
c. resolve disputes over property owned by foreigners
d. resolve disputes over property leased in other states
e. none of the other answers are correct
233. In rem jurisdiction gives state courts jurisdiction to:
a. resolve disputes over property located in a neighboring state
b. resolve disputes over property owned by its residents, but located in another state
c. resolve disputes over property owned by foreigners
d. resolve disputes over property leased in other states
e. none of the other answers are correct
234. Which kind of property could not be subject to in rem jurisdiction?
a. real estate
b. an automobile
c. stock or bonds issued by a company
d. furniture
e. all of the other choices could be subject to in rem jurisdiction
235. In rem jurisdiction is most likely to include jurisdiction over:
a. a bank account
b. the terms of a trust or a will
c. misdemeanors in other states
d. felonies in other states
e. none of the other choices are correct