236. In rem jurisdiction can include jurisdiction over:
a. intangible property (such as a bank account)
b. tangible (real) property
c. shares of stock in a company
d. a house
e. any of the other choices could be correct
237. In rem jurisdiction would not be likely to include jurisdiction over:
a. intangible property (such as a bank account)
b. tangible (real) property (such as land)
c. personal property (such as an automobile)
d. jurisdiction in a child custody dispute of parents living in different states
e. any of the other choices could be correct
238. Which of the following could be subject to in rem jurisdiction:
a. a bank account
b. a house
c. a field
d. shares of stock in a company
e. all of the other choices are correct
239. Which of the following would NOT be subject to in rem jurisdiction:
a. a bank account
b. a house
c. a field
d. shares of stock in a company
e. all of the other choices would be subject to in rem jurisdiction
240. Because of in rem jurisdiction, if Illinois resident Andy sues Alabama resident Carol over a Illinois property dispute
and Carol refuses to respond, the Illinois court may:
a. not decide who the rightful owner is because it lacks personal jurisdiction over Carol
b. not decided who the rightful owner is because it lacks personal jurisdiction over Alabama
c. decide who the rightful owner is because the property is located in Illinois
d. decide who the rightful owner is because Illinois and Alabama have a special agreement
e. none of the other choices are correct
241. Because of in rem jurisdiction, if Illinois resident Andy sues Alabama resident Carol over a Illinois property dispute
and Carol refuses to respond, the Illinois court may:
a. not decide who the rightful owner is because it lacks personal jurisdiction over Carol
b. not decided who the rightful owner is because it lacks personal jurisdiction over Alabama
c. not decide who the rightful owner is because it lacks relative jurisdiction over Carol
d. decide who the rightful owner is because Illinois and Alabama have a special agreement
e. none of the other choices are correct
242. If a dispute may be resolved in a state court only, the state court is said to have:
a. binding jurisdiction
b. exclusive jurisdiction
c. redundant jurisdiction
d. in rem jurisdiction
e. expedient jurisdiction
243. 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
244. When a federal court has exclusive jurisdiction over a matter:
a. state courts may try cases on that matter
b. state courts may try cases on that matter if they pay the federal court a fee
c. state courts may not try cases on that matter
d. state courts may not try cases on that matter unless the federal courts are backlogged
e. none of the other choices are correct
245. When a federal court has exclusive jurisdiction over a matter:
a. state courts may try cases on that matter
b. state courts may try cases on that matter if they pay the federal court a fee
c. state courts may not try cases on that matter unless the plaintiff agrees
d. state courts may not try cases on that matter unless the federal courts are backlogged
e. none of the other choices are correct
246. In this situation, which court system has jurisdiction? The plaintiff lives in State A; the defendant lives in State B;
the dispute over $35,000 involves a matter of state law:
a. federal court
b. state court
c. federal or state court
d. concurrent courts
e. none of the other choices are correct
247. State courts may never have jurisdiction in which of the following situations?
a. plaintiff and defendant 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 defendants live in different states and the dispute involves federal law
e. none of the other choices; state courts could have jurisdiction in any of the above situations
248. State courts may have jurisdiction in which of the following situations?
a. plaintiff and defendant live in different states, the matter involves state law, and the amount in controversy is
less than $75,000
b. plaintiff and defendant live in different states, the matter involves state law, and the amount in controversy is
more than $75,000
c. plaintiff and defendants live in different states and the dispute involves federal law
d. plaintiff and defendant live in the same state and have a dispute about property located in the state
e. all of the other choices can be correct
249. 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
250. Federal courts have exclusive jurisdiction over cases involving:
a. federal crimes
b. bankruptcy
c. patents
d. copyrights
e. all of the other choices are correct
251. Federal courts have exclusive jurisdiction over cases involving:
a. matters controlled by the state government
b. adoption
c. divorce
d. all of the other specific choices are correct
e. none of the other specific choices are correct
252. Federal courts have exclusive jurisdiction over cases involving:
a. divorce
b. adoption
c. copyrights
d. all of the other specific choices are correct
e. none of the other specific choices are correct
253. Federal courts have exclusive jurisdiction over cases involving:
a. divorce
b. adoption
c. patents
d. all of the other specific choices are correct
e. none of the other specific choices are correct
254. Federal courts have exclusive jurisdiction over cases involving:
a. divorce
b. adoption
c. federal crimes
d. all of the other specific choices are correct
e. none of the other specific choices are correct
255. Federal crimes, bankruptcy, patents and copyrights are all examples of:
a. matters over which federal courts have exclusive jurisdiction
b. matters over which federal courts have relative jurisdiction
c. matters over which federal courts have subjective jurisdiction
d. matters over which state courts have exclusive jurisdiction
e. matters over which state courts have ultimate jurisdiction
256. Federal crimes, bankruptcy, patents and copyrights are all examples of:
a. matters over which state courts have ultimate jurisdiction
b. matters over which federal courts have relative jurisdiction
c. matters over which federal courts have subjective jurisdiction
d. matters over which state courts have exclusive jurisdiction
e. none of the other choices are correct
257. Divorce, adoption, and other matters controlled by the state government are examples of:
a. matters over which state courts have ultimate jurisdiction
b. matters over which federal courts have relative jurisdiction
c. matters over which state courts have subjective jurisdiction
d. matters over which federal courts have exclusive jurisdiction
e. none of the other choices are correct
258. Divorce, adoption, and other matters controlled by the state government are examples of:
a. matters over which state courts have ultimate jurisdiction b.
matters over which state courts have exclusive jurisdiction c.
matters over which state courts have subjective jurisdiction
d. matters over which federal courts have exclusive jurisdiction
e. none of the other choices are correct
259. If either state courts or federal courts have the power to hear a dispute this is known as:
a. concurrent jurisdiction
b. simultaneous jurisdiction
c. alternate jurisdiction
d. removal jurisdiction
e. none of the other choices
260. If either state courts or federal courts have the power to hear a dispute this is known as:
a. simultaneous jurisdiction
b. alternate jurisdiction
c. removal jurisdiction
d. equitable jurisdiction
e. none of the other choices are correct
261. Concurrent jurisdiction is when the:
a. state and local court systems both have jurisdiction
b. court had jurisdiction over people and property
c. court has jurisdiction over non-current assets
d. federal and state court systems both have jurisdiction
e. federal courts have jurisdiction over foreign citizens
262. Concurrent jurisdiction is when the:
a. state trial and appeals courts both have jurisdiction
b. court had jurisdiction over people and property
c. court has jurisdiction over non-citizens
d. court has jurisdiction over a foreign citizen
e. none of the other choices are correct
263. State courts often have jurisdiction to hear federal question cases. An exception to this rule exists when the:
a. state court involved has a conflict of interest
b. state court has a history of deciding federal questions cases against the government
c. state court is found to be discriminatory
d. Congress declares that states do not have jurisdiction over a specific federal law
e. Supreme Court determines that the state courts are not capable of handling the complexity of a particular
federal question
264. 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
265. A plaintiff files suit in state court. The defendant wants the case tried in federal court. Both courts can properly
hear the case. If the case goes to federal court it is based on:
a. exclusive jurisdiction
b. simultaneous jurisdiction
c. alternate jurisdiction
d. right of removal
e. none of the other choices are correct
266. Right of removal is intended to:
a. protect out–of-state plaintiffs from state courts that might favor their own citizens
b. protect out-of–state defendants from being disadvantaged by not understanding the state court system
c. protect out-of-state defendants from state courts that might favor their own citizens
d. protect a state’s attorneys from competition from attorneys from other states
e. none of the other choices are correct
267. Right of removal is intended to:
a. keep a state’s court system from becoming backlogged with cases
b. protect out-of–state defendants from being disadvantaged by not understanding the state court system
c. protect out–of-state plaintiffs from state courts that might favor their own citizens
d. protect a state’s attorneys from competition from attorneys from other states
e. none of the other choices are correct
268. Right of removal allows:
a. defendants to have a case removed to a federal court if concurrent jurisdiction exists
b. defendants to have a case rejected by a federal court if concurrent jurisdiction exists
c. defendants to have a court appointed lawyer
d. defendants to have multiple lawyers
e. defendants to have the plaintiff removed from the court room when the verdict is read
269. Right of removal allows:
a. defendants to have the plaintiff removed from the court room when the verdict is read
b. defendants to have a case rejected by a federal court if concurrent jurisdiction exists
c. defendants to have a court appointed lawyer
d. defendants to have multiple lawyers
e. none of the other choices are correct
270. A defendant may not remove a case to federal court if:
a. the plaintiff files suit in the defendant’s home state court, rather than the plaintiff’s home state court
b. the defendant files suit in the plaintiff’s home state court, rather than the defendant’s home state court
c. the defendant does not have a home state court
d. the defendant is not a citizen of the United States
e. the plaintiff is not a citizen of the United States
271. A defendant may not remove a case to federal court if:
a. the plaintiff is not a citizen of the United States
b. the defendant files suit in the plaintiff’s home state court, rather than the defendant’s home state court
c. the defendant does not have a home state court
d. the defendant is not a citizen of the United States
e. none of the other choices are correct
272. Parties to a suit may prefer state or federal court because:
a. the law may be more favorable in one court
b. the procedure may be more favorable in one court
c. the judge may be more favorable in one court
d. local politics may influence one court
e. all of the other choices may play a role
273. In a case involving state law that could be tried in state court, but that has been moved to federal court. The federal
court will:
a. apply federal or state law to resolve the dispute
b. apply federal law to resolve the dispute
c. apply state law to resolve the dispute
d. apply the Uniform Commercial Code to resolve the dispute
e. send the case back to state court
274. In a case involving state law that could be tried in state court, but that has been moved to federal court. The federal
court will:
a. apply federal or state law to resolve the dispute
b. apply federal law to resolve the dispute
c. apply the Uniform Commercial Code to resolve the dispute
d. send the case to the state court for resolution
e. none of the other choices are correct
275. In Erie Railroad Co. v. Tompkins, where Tompkins sued a New York company that owned a train that hit him in
Pennsylvania:
a. the U.S. Supreme Court said that state common law must be applied in federal court
b. the U.S. Supreme Court said that federal common law must be applied in federal court
c. the U.S. Supreme Court said that since this was a matter of common law involving two states, it was a
matter for the state courts, not federal district court
d. the Supreme Court of Pennsylvania said this was a matter of New York common law that must be tried in
federal court
e. the Supreme Court of New York said this was a matter of Pennsylvania common law that must be tried in
that state