Chapter 3. Civil Dispute Resolution
1. A U.S. Court of Appeals is the final step in the appeal process within the federal court system.
a. True
b. False
2. The U.S. District Court is the trial level court in the federal court system.
a. True
b. False
3. The United States Supreme Court is staffed by judges who receive lifetime appointments from the President, subject
to confirmation by the Senate.
a. True
b. False
4. The federal courts only have jurisdiction to hear cases involving federal law.
a. True
b. False
5. The decisions of the U.S. Court of Appeals are binding on the other federal courts except for the U.S. Supreme
Court.
a. True
b. False
6. Venue has to do with which state has jurisdiction over the subject matter of a lawsuit.
a. True
b. False
7. A quorum of the U.S. Supreme Court consists of any five justices.
a. True
b. False
8. On appeal, neither party may bring new evidence to the court.
a. True
b. False
9. If a plaintiff in a civil lawsuit wins the case but the defendant does not pay the judgment, the plaintiff may request the
clerk to issue a writ of execution. If the writ is returned unsatisfied, certain property of the defendant may be seized
by the sheriff and sold to pay the judgment.
a. True
b. False
10. The U.S. Supreme Court has original jurisdiction in certain types of cases.
a. True
b. False
11. The federal courts have jurisdiction over all matters that have not been given exclusively to the state courts by the
Constitution or Congress.
a. True
b. False
12. Congress enacted legislation that almost completely eliminated the right to appeal to the U.S. Supreme Court.
a. True
b. False
13. All states have at least one federal judicial district and some, more populous states have more than one.
a. True
b. False
14. In the federal system, appeals from the Bankruptcy Court and Tax Court are heard directly by the U.S. Supreme
Court.
a. True
b. False
15. A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.
a. True
b. False
16. In the United States, there is never a right to a jury trial in a civil case.
a. True
b. False
17. Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision, which is
binding upon the parties.
a. True
b. False
18. The federal courts and the state courts can have concurrent jurisdiction over the same case.
a. True
b. False
19. Subject matter jurisdiction refers to the authority of a particular court to adjudicate a controversy of a particular kind.
a. True
b. False
20. A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant
has sufficient contacts with the state.
a. True
b. False
21. In rem jurisdiction refers to jurisdiction over the person.
a. True
b. False
22. A court needs to have both subject matter jurisdiction and jurisdiction over the defendant involved before it can hear
a particular case.
a. True
b. False
23. Often arbitration is preferred over litigation because the quality of the arbitrator‘s decision is often higher than that
available through the court system.
a. True
b. False
24. Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.
a. True
b. False
25. Stare decisis has no application in a dual court system.
a. True
b. False
26. The purpose of venue is to regulate the distribution of cases within a specific court system and to identify a
convenient forum.
a. True
b. False
27. Attachment jurisdiction is jurisdiction over property.
a. True
b. False
28. A typical state long–arm statute applies only to nonresident defendants who commit criminal acts in the state.
a. True
b. False
29. Pleadings are a series of responsive, formal, written statements in which each side to a lawsuit states its claims and
defenses.
a. True
b. False
30. The purpose of pleadings is to give notice and to establish what issues of fact and law are disputed.
a. True
b. False
31. A demurrer is a motion filed by a defendant denying the allegations of the complaint.
a. True
b. False
32. A pretrial conference between the judge and the attorneys representing the parties in a lawsuit is held to simplify the
issues in dispute and to encourage settlement of the dispute without trial.
a. True
b. False
33. If a defendant fails to respond to a summons, a default judgment will be entered against the defendant for the relief
the court determines in a hearing.
a. True
b. False
34. A directed verdict is a judge’s final binding determination on the merits after a jury’s verdict.
a. True
b. False
35. In making conflict of law decisions, judges need not be concerned about choosing what laws to follow since conflict
of law rules are the same from state to state.
a. True
b. False
36. An appeal from a small claims court is taken to the state court of appeals, where a trial de novo is begun.
a. True
b. False
37. In a typical case before a U.S. Court of Appeals, all the judges of the circuit sit en banc to decide the case.
a. True
b. False
38. A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.
a. True
b. False
39. The jury in a jury trial decides issues of fact.
a. True
b. False
40. Federal courts have limited subject matter jurisdiction.
a. True
b. False
41. Appellate judges can reverse a decision of the trial court:
a. where any error below is found.
b. only where there was an error that prejudiced the decision.
c. only where the outcome of the case is clearly wrong.
d. where the losing party desires a new trial.
42. The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them
reach a mutually acceptable agreement is known as:
a. conciliation.
b. negotiation.
c. consensual arbitration.
d. compulsory arbitration.
43. Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill‘s
brand new vehicle. Bill may bring suit in federal district court:
a. because of federal question jurisdiction.
b. because there is always jurisdiction if there is diversity of citizenship.
c. if the amount in controversy is over $75,000.
d. if the accident occurred outside of Illinois or Wisconsin.
44. A decision of the Supreme Court of Washington would always be binding on:
a. a federal district court in Washington.
b. a state trial court in Washington.
c. the U.S. Court of Appeals for the 9th Circuit.
d. a state trial court in Oregon.
45. Generally, State A may exercise “long arm” jurisdiction over a defendant located in State B if the defendant:
a. once resided in State A.
b. uses a product produced in State A.
c. made a contract in State A.
d. has relatives in State A.
46. The “discovery” stage of a trial includes which one of the following?
a. Production of documents
b. Selection of jury
c. Cross examination of witnesses
d. Arrest of suspect
47. When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear
that reasonable people could not differ as to the outcome of the case, the judge grants a:
a. judgment on the verdict.
b. motion for judgment notwithstanding the verdict.
c. directed verdict.
d. motion for a new trial.
48. The U.S. Supreme Court reviews most decisions of lower courts by:
a. the mandatory writ of certiorari.
b. the discretionary writ of certiorari.
c. appeal by right.
d. appeal in rem.