49. A traffic offense, such as a speeding ticket, would be heard by a:
a. U.S. District Court.
b. state inferior trial court.
c. state probate court.
d. U.S. Court of Federal Claims.
50. Bankruptcy cases are heard by:
a. the U.S. Bankruptcy Courts within the federal court system.
b. only special courts within the state court system.
c. either federal or state courts.
d. the U.S. Court of Appeals for the Federal Circuit, if an appeal is made.
51. On a federal question, a decision of the Sixth Circuit Court of Appeals:
a. may be persuasive but is not binding on a Tennessee court.
b. is binding on a Tennessee court.
c. has no effect on any state court.
d. is binding on all other federal appeals courts.
52. The pleadings in a lawsuit include:
a. the complaint and answer
b. the depositions.
c. written interrogatories.
d. evidence presented in trial
53. Which of the following is NOT considered to be an alternative method of dispute resolution?
a. Special verdict
b. Negotiation
c. Conciliation
d. Mediation
54. To resolve a lawsuit, a court must have how many different types of jurisdiction?
a. One
b. Two
c. Three
d. Four
55. Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant‘s attorney
sees her, he notices that she is wearing a green dress. Both the defendant and the defendant’s attorney hate green
dresses. If the defendant’s attorney strikes her name from the jury because of the dress color:
a. this is a valid challenge for cause.
b. this is a valid peremptory challenge.
c. this is not a valid challenge.
d. the plaintiff’s attorney can have Janet serve by making an offer of proof to the judge.
56. Janet’s husband, Paul, is called for jury duty and is selected for possible service on a jury. However, when he is
questioned by the defendant’s attorney before final jury selection, he admits that he thinks the defendant is guilty
based on the news reports that he saw on the local television news. The defendant asks the judge to excuse Paul
from serving on the jury. If the judge agrees:
a. this is a valid challenge for cause.
b. this is a valid peremptory challenge.
c. this is not a valid challenge.
d. the plaintiff’s attorney can have Paul serve by making an offer of proof to the judge.
57. Once a plaintiff has filed a complaint, the clerk of the court issues a
notice that a suit has been brought.
a. writ of execution
b. summons
c. deposition
d. demurrer
to be served on the defendant to provide
58. Which of the following may a U.S. Court of Appeals NOT do in ruling on a case?
a. Reverse the judgment of the lower court.
b. Remand or send it back to the lower court.
c. Rehear the case by taking testimony of the witnesses.
d. Affirm the judgment of the lower court.
59. The procedural stage of a lawsuit after the pleadings but before trial is the:
a. peremptory challenge stage.
b. pretrial stage, including discovery.
c. special verdict stage.
d. offer of proof stage.
60. The federal courts do not have exclusive jurisdiction over:
61. With a
findings.
, the jury makes specific written findings on each factual issue; the judge then applies the law to these
a. general verdict
b. special verdict
c. voir dire
d. quasi in rem
62. Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able
files, in Kansas, a lawsuit regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction. In
this case:
a. only the Iowa courts can hear the lawsuit.
b. the Iowa federal district court can hear the suit based on diversity of citizenship.
c. the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
d. the Kansas federal district court can hear the suit based upon diversity of citizenship.
63. When a trial is conducted with a jury, the judge determines issues of
____.
a. evidence, law
b. law, evidence
c. law, fact
d. fact, law
and the jury determines questions of
64. When the defendant’s property located within a state is seized to obtain payment of a judgment from a court from
another state that is unrelated to the property being seized, the jurisdiction over the property is known as
jurisdiction.
a. quasi in rem
b. in personam
c. in rem
d. forum non conveniens
65. The U.S. Supreme Court in applying the doctrine of stare decisis is:
a. rigidly bound by its own decisions.
b. subject to a majority decision by the federal appellate courts.
c. not rigidly bound by its own decisions.
d. bound on all federal questions by state and lower federal court decisions.
66. In diversity of citizenship cases, federal courts apply:
a. federal substantive and procedural law.
b. state substantive and procedural law.
c. state procedural and federal substantive law.
d. federal procedural and state substantive law.
67. Personal jurisdiction:
a. may be obtained by personally serving a person within a state if that person is domiciled in that state.
b. is also known as in rem jurisdiction.
c. is obtained by seizing the defendant’s property.
d. may arise only through a party’s consent.
68. Patricia Plaintiff, a resident of California, has a valid judgment against David Defendant, a resident of Nevada, which
she now wishes to execute. David owns hundreds of acres of beach-front property in California. Patricia may
execute her judgment in California based on what type of jurisdiction?
a. Subject matter jurisdiction
b. Concurrent federal jurisdiction
c. Quasi in rem jurisdiction
d. Diversity of citizenship jurisdiction
69. An example of a special court in the federal judicial system is the:
a. U.S. Court of Federal Claims.
b. Federal District Court.
c. U.S. Supreme Court.
d. U.S. Court of Appeals.
70. If the judge denies a defendant’s , then the defendant has the opportunity to present evidence. However, if the
judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.
a. motion for a new trial
b. motion for a directed verdict
c. offer of proof
d. motion for change of venue
71. The decision of an arbitrator is called a(n):
a. verdict.
b. judgment.
c. award.
d. binding decision.
72. State trial courts of general jurisdiction:
a. may be called county, district, common pleas, or superior courts.
b. have a dollar limitation on their jurisdiction in civil cases.
c. cannot hear criminal cases.
d. maintain no formal records of their proceedings.
73. Midway Corporation is incorporated in Delaware, but it has its principal place of business in Minnesota. It does much
of its business in California. For purposes of diversity of citizenship, Midway is a resident of:
a. Delaware.
b. Minnesota.
c. both Delaware and Minnesota.
d. Delaware, Minnesota, and California.
74. Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and
performed in New York. His damages amount to $75,000, and he wants to sue. The case can be brought:
a. only in the New York state courts.
b. only in the New York federal court.
c. only in the Illinois state courts.
d. in either the New York state courts or the New York federal court.
75. Alice, a resident of Ohio, has obtained a valid judgment against Bill, a resident of Kentucky. In this case:
a. Alice can attach Bill‘s automobile in Ohio to satisfy her court judgment.
b. Alice must go to Kentucky to satisfy her judgment.
c. Alice has no recourse against Bill because he has left the state.
d. Ohio has no jurisdiction over Bill because he is a resident of Kentucky.
76. A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):
a. motion for directed verdict.
b. offer of proof.
c. demurrer.
d. motion for a new trial.
77. Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit).
Andrew believes the case involves a significant issue of U.S. Constitutional law. He would like to have the United
States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:
a. forum non conveniens.
b. writ of certiorari.
c. stare decisis.
d. appellate novus
78. Which is NOT TRUE about a pretrial conference?
a. It is a meeting between the attorneys and their clients to discuss issues and fees.
b. It is held to encourage settlement of a dispute without a trial.
c. It involves the judge and the attorneys representing the parties to a dispute.
d. The purpose is to simplify the issues in dispute.
79. A quorum consists of how many justices on the U.S. Supreme Court?
a. 3
b. 5
c. 6
d. 7
80. Court-annexed arbitration:
a. is used in a growing number of federal courts, but is not being used in state courts.
b. is used in civil cases in which the parties seek limited amounts of damages.
c. typically uses arbitrators who are medical doctors since cases using this kind of arbitration are medical
malpractice disputes.
d. results in a binding award which cannot be appealed to the courts.
81. What is jurisdiction? How does subject matter jurisdiction differ from jurisdiction over the parties? How does in
personam jurisdiction differ from jurisdiction in rem?
82. Explain the process of jury selection and the differences in the types of challenges. In addition, discuss the
implications of race-based or gender-based exclusion from a jury by a prosecutor or defense attorney.
83. When do the federal courts have jurisdiction to hear a case? Over what types of cases do the federal courts have
concurrent jurisdiction? Over what types of cases do the federal courts have diversity jurisdiction?
84. Describe how a civil case is commenced and how it proceeds through the court system. Be sure to use appropriate
terminology in describing the various stages of a lawsuit.
85. What is alternative dispute resolution? Discuss the various devices that can be used.
86. Describe the structure of the federal court system. How does the federal court system compare/contrast with the
state court system of the state where you are living? How are state and federal courts similar? How are they
different? Explain your answer.