1. Federal judges are appointed for ten year renewable terms.
a.
True
b.
False
2. Court opinions are published in collections of court opinions called reporters.
a.
True
b.
False
True
1
Easy
3. A cite such as 2004 WL 1208516 may be found on Westlaw.
a.
True
b.
False
True
1
Easy
4. Both the U.S. Congress and state legislatures may adopt statutes.
a.
True
b.
False
True
1
Easy
Blooms:Knowledge
5. There is no minimum monetary requirement for lawsuits involving a federal question.
a.
True
False
1
Easy
b.
False
6. Federal diversity jurisdiction requires that litigants be residing in at least three different states.
a.
True
b.
False
False
1
Easy
7. A court has __________ when it has jurisdiction over the location of property at issue in a lawsuit.
a.
True
b.
False
True
1
Moderate
8. Negotiating business contracts with an out–of-state individual via smart phone texting is insufficient to provide a court
with personal jurisdiction over that individual.
a.
True
b.
False
False
1
Moderate
9. A federal court of appeals in one circuit must follow an earlier decision on an issue made by a federal court of appeals
in another circuit.
a.
True
True
1
Moderate
b.
False
10. A case involving a federal question may be brought in state court, but the defendant has the right to remove the case to
federal court.
a.
True
b.
False
True
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-4 Federal Jurisdiction
Blooms: Comprehension
11. In cases involving transactions via the internet, the courts have adopted a ‘sliding scale’ to determine whether they can
exercise personal jurisdiction.
a.
True
b.
False
True
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-8 Personal Jurisdiction
Blooms: Knowledge
12. The process of questioning the witnesses in a trial is called voir dire.
a.
True
b.
False
False
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-12 Civil Procedure: Litigation Steps
13. One of the major criticisms of mediation is the lack of procedural protections, especially for the person who may
appear to have less power and resources.
False
1
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-5 Federal Courts
Blooms: Comprehension
a.
True
b.
False
14. Jury challenges for cause are called pretrial challenges.
a.
True
b.
False
False
1
Easy
3-12 Civil Procedure: Litigation Steps
15. Cases before federal courts of appeal are usually presented before a panel of nine judges.
a.
True
b.
False
False
1
Moderate
16. The federal court system has thirteen courts of appeal.
a.
True
b.
False
True
1
Easy
17. A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for
the Federal Circuit.
a.
True
True
1
Moderate
3-15 Mediation
b.
False
18. Any corporate employee can communicate with corporate counsel and be protected by the attorney-client privilege.
a.
True
b.
False
False
1
Moderate
3-20 Attorney-Client Privilege, Attorney Work-Product Doctrine, and Other Privileges
19. The Supreme Court has consistently ruled that Congressional intent disfavors arbitration agreements.
a.
True
b.
False
False
1
Moderate
3-16 Arbitration
20. A judge is always compelled to follow Restatements of law in making a decision.
a.
True
b.
False
False
1
Easy
21. An interrogatory would be a tool by attorneys in the discovery process.
a.
True
b.
False
True
True
1
Moderate
22. The silicone breast implant case against Dow Corning, as well as the cases involving smoking and securities fraud,
are examples of class action lawsuits.
a.
True
b.
False
True
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-11 Class Actions
Blooms: Comprehension
23. ___________ rules prescribe which law a state court should apply in a multi-state litigation.
a.
Conflict-of-dispute
b.
Conflict-of-law
c.
Litigant
d.
Forum-shopping
24. For purposes of diversity jurisdiction in federal court, which of the following is true regarding a person’s citizenship?
a.
A person is a citizen of the state where that person has his or her legal residence or domicile, and there is no
limit to the number of states in which a person may be a citizen so long as the person has a house in every state
in which citizenship is claimed.
b.
A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may
be a citizen of only one state.
c.
A person is a citizen of the state where that person has his or her legal residence or domicile, and a person may
be a citizen in a maximum of two states.
d.
A person is considered a citizen of the state in which a lawsuit is brought because the person automatically
becomes subject to that state’s laws.
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-18 Discovery
Blooms: Comprehension
25. When the U.S. Supreme Court decides to hear a case, it issues a __________ ordering the lower court to certify the
record of proceedings below and send it to the Supreme Court.
a.
commandment
b.
writ of order
c.
writ of certiorari
d.
writ of expo facto
c
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-5 Federal Courts
Blooms: Application
26. ___________ are issued by administrative agencies to interpret and implement statutes enacted by a legislature.
a.
Regulations
b.
Interpretations
c.
Reviews
d.
Acknowledgements
a
1
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-2 Sources of Law
Blooms: Comprehension
27. The critical test under the Due Process Clause in determining whether jurisdiction over an out–of-state defendant
exists is whether the:
a.
defendant has certain minimum contacts with the state such that the maintenance of the suit does not offend
traditional notions of fair play and substantial justice.
b.
out–of-state defendant has ever visited the state.
c.
out–of-state defendant has certain minimum contacts with the state such that maintenance of the suit does not
offend liberty concepts.
d.
out–of-state defendant has ever lived in the state.
a
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC – AICPA: BB-Legal
3-8 Personal Jurisdiction
Blooms: Application
28. The __________ is used when judges decide a case where there are no constitutional, statutory, or regulatory holdings
3-4 Federal Jurisdiction
Blooms: Comprehension
to resolve the dispute.
a.
English law
b.
Civil law
c.
Common law
d.
Disputed law
29. The defendant may put forth a(n) __________ which admits the defendant acted in a certain way but claims that the
defendant’s conduct was not the __________ of harm to the plaintiff, or that that defendant’s conduct was __________.
a.
affirmative defense, legal cause, excused
b.
motion for summary judgment, legal cause, excused
c.
counterclaim, legal cause, excused
d.
affirmative defense, proximate cause, preempted
1
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
Blooms: Analysis
30. In 2002 the European Union adopted the __________ to standardize the rules for determining where suits involving e-
commerce may be brought.
a.
Brussels Conventions
b.
European E-commerce Rules
c.
European Commerce Standards
d.
French Conventions
1
NATIONAL STANDARDS:
United States – BUSPROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
International Snapshot
Blooms: Comprehension
31. Assuming that more than one forum has jurisdiction over a lawsuit, the doctrine of __________ involves a
determination of which forum is more appropriate.
a.
jurisdiction non conveniens
b.
convenient state proceeding
c.
forum non conveniens
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-2 Sources of Law
Blooms: Comprehension
d.
subject matter jurisdiction
32. The __________ control the civil trial practices in all of the U.S. district courts.
a.
Federal Rules of Civil Procedure
b.
Universal Rules of Civil Procedure
c.
National Rules of Civil Court Conduct
d.
Common Rules of Civil Procedure
a
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-12 Civil Procedure: Litigation Steps
Blooms: Application
33. The __________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be
filed within a certain number of days.
a.
subpoena
b.
summons
c.
complaint
d.
suggestion
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-12 Civil Procedure: Litigation Steps
Blooms: Comprehension
34. The party appealing a case is generally referred to as the:
a.
plaintiff.
b.
respondent.
c.
appellee.
d.
appellant.
d
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-9 Choice of Forum, Waiver of Right to Trial by Jury, and Choice of Law
Blooms: Application
35. Prior to filing a lawsuit the plaintiff must have standing to sue, which means all of the following, EXCEPT:
a.
Plaintiff has the resources to pay his legal and court costs.
b.
Plaintiff is the proper party to file the suit
c.
Plaintiff has a personal interest in the outcome of the suit.
d.
Plaintiff will benefit from a favorable ruling.
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
3-7 Standing
Blooms: Application
36. The two coexisting federal and state judicial systems are a result of the system of __________ created by the U.S.
Constitution, giving them different __________ jurisdiction.
a.
standing, subject matter
b.
diversity, in personam
c.
duality, in rem
d.
federalism, subject matter
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-2 The U.S. and State Court Systems
Blooms: Knowledge
37. If the defendant does not file an answer within the time required, a(n) __________ may be entered in favor of the
plaintiff.
a.
default judgment
b.
answer pro se
c.
concession judgment
d.
coercive judgment
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
38. A lawsuit may be resolved before trial by the judge granting a(n):
a.
judgment notwithstanding the verdict.
Blooms: Comprehension
b.
interlocutory judgment.
c.
motion to dismiss.
d.
request for production of documents.
39. The doctrine of stare decisis means:
a.
to abide by decided cases.
b.
let the courts decide.
c.
let the superior argument prevail.
d.
to decide the case on its merits.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-2 Sources of Law
Blooms: Comprehension
40. A judge will grant a motion to dismiss the complaint on any of the following grounds, EXCEPT:
a.
the plaintiff has failed to state a claim on which relief can be granted.
b.
the court lacks jurisdiction over the subject matter or the parties involved.
c.
the plaintiff has failed to offer the defendant an offer of settlement.
d.
the plaintiff has failed to properly serve the complaint on the defendant.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Analysis
41. __________ which notifies the __________ of the filing of a lawsuit, has traditionally been accomplished by mail or
by personally handing a complaint to the receiving party.
a.
Service of process, defendant
b.
Service of process, plaintiff
c.
In personam jurisdiction, plaintiff
d.
Choice of forum, defendant
1
United States – BUSBROG: – Analytic
1
United States – BUSBROG: – Analytic
Blooms: Application
42. When a case is dismissed __________, the __________ is precluded from asserting the __________ in another case.
a.
without prejudice, plaintiff, same claim
b.
with prejudice, plaintiff, same claim
c.
without prejudice, defendant, same claim
d.
with prejudice, defendant, same claim
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Comprehension
43. A motion for summary judgment will be granted where there is no __________ issue of __________.
a.
disputed, material fact
b.
legal, questionable fact
c.
material, fact
d.
factual, legal fact
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Comprehension
44. CASE 3.1, Wal-Mart Stores, Inc. v. Dukes (2011), involved a question of whether:
a.
Wal-Mart should be properly sued in federal vs. state court.
b.
there was sufficient commonality among Wal-Mart employees to certify the group as a class.
c.
one Wal-Mart employee could represent over one million other employees.
d.
the employees had waived their rights to arbitration under the Federal Arbitration Act.
b
1
United States – BURPROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Analysis
45. Federal diversity jurisdiction exists when:
a.
a lawsuit is between citizens of different states.
b.
the amount in controversy, exclusive of interest and all costs, exceeds $75,000.
DISC: – AICPA: BB-Legal
3-8 Personal Jurisdiction
Blooms: Comprehension
c.
either that a lawsuit is between citizens of different states or the amount in controversy, exclusive of interest
and all costs, exceeds $75,000.
d.
a lawsuit is between citizens of different states, and that the amount in controversy, exclusive of interest and
all costs, exceeds $75,000.
46. CASE 3.2, American Express Co. v. Italian Colors Restaurant (2013) before the U.S. Supreme Court, involved a
question of whether __________ under the __________ Act.
a.
plaintiffs waived class arbitration, Federal Mediation
b.
mandatory arbitration, Federal Arbitration
c.
employee arbitration, State Arbitration
d.
civil rights discrimination, National Right to Work
ANSWER:
b
POINTS:
1
DIFFICULTY:
Challenging
United States – BURPROG: – Analytic
DISC: – AICPA: BB-Legal
TOPICS:
3-16 Arbitration
KEYWORDS:
Blooms: Analysis
47. The case discussed in the text, Upjohn Co. v. United States, involved an attorney-client privilege in the corporate
setting. The U.S. Supreme Court crafted the __________ test to determine whether the privilege applied.
a.
Confidential Memo
b.
Corporate Confidentiality
c.
Corporate Counsel
d.
Subject Matter
ANSWER:
d
POINTS:
1
DIFFICULTY:
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
TOPICS:
3-20 Attorney-Client Privilege, Attorney Work-Product Doctrine, and Other Privileges
KEYWORDS:
Blooms: Analysis
48. Under the __________ doctrine, the outcome of a diversity case in federal court will be similar to the outcome in a
state court because the same substantive law will govern either adjudication.
a.
Erie
b.
common law
c.
venue
d.
substantial activity
ANSWER:
a
ANSWER:
d
POINTS:
1
DIFFICULTY:
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
TOPICS:
3-4 Federal Jurisdiction
KEYWORDS:
Blooms: Comprehension
49. When filing a new lawsuit, the person (or company) is called the __________ and the documentation is called the
__________.
a.
plaintiff, summons
b.
plaintiff, complaint
c.
respondent, service of process
d.
defendant, prayer
b
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-12 Civil Procedure: Litigation Steps
Blooms: Comprehension
50. The __________ is a term referencing the method used for determining the citizenship of a corporation for purposes
of diversity of citizenship.
a.
locality determination
b.
nerve-center test
c.
prime location test
d.
conflict determination
b
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-4 Federal Jurisdiction
Blooms: Comprehension
51. The common law doctrine of __________ means to “abide by decided cases.”
a.
subject matter jurisdiction
b.
stare decisis
c.
choice-of-law
d.
standing
b
1
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-2 Sources of Law
1
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
3-4 Federal Jurisdiction
Blooms: Comprehension
52. A “spoliation inference” means that documents not properly introduced into court are damaging to the party who could
not produce them.
a.
True
b.
False
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-19 Document Retention and Deletion
Blooms:Analysis
53. __________ is the voluntary give-and-take parties engage in when coming to terms with each other.
a.
Litigation
b.
Arbitration
c.
Mediation
d.
Negotiation
d
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Comprehension
54. Most states have __________ statutes, which can subject an out–of-state defendant to jurisdiction within the state.
a.
in personam
b.
in rem
c.
long-arm
d.
diversity
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-8 Personal Jurisdiction
Blooms: Comprehension
55. A __________ reverses the jury verdict on the ground that the evidence of the prevailing party was so weak that no
reasonable jury could have resolved the dispute in that party’s favor.
a.
directed verdict
b.
summary judgment
c.
judgment n.o.v.
d.
judgment on the pleadings
Blooms: Comprehension
Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce’s residence and the appliance store, however,
were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one
of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the
refrigerator caught on fire and burned down Susan’s house which was worth $200,000. Susan obtained proof that the
refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and
sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in
Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and
also on the basis that he was not subject to jurisdiction in Virginia.
56. Refer to Fact Pattern 3-1. Which of the following is the most likely result in regard to Bruce’s claim that the lawsuit
could only be appropriately filed in a state court?
a.
The court would likely rule that federal court jurisdiction failed to exist because the parties were not all
residents of the same state.
b.
The court would likely rule that federal court jurisdiction failed to exist because the amount in controversy
was excessive..
c.
The court would likely rule that federal court jurisdiction existed based on the presence of a consumer
complaint.
d.
The court would likely rule that federal court jurisdiction existed based on diversity of citizenship.
d
1
Moderate
United States – BUSPROG: – Analytic
DISC: – AICPA: BB-Legal
3-4 Federal Jurisdiction
Blooms: Analysis
57. Refer to Fact Pattern 3-1. Which of the following is the most likely result in regard to Bruce’s claim that he was not
subject to jurisdiction in a court located in Virginia?
a.
Bruce would not be subject to jurisdiction in a Virginia court because he did not live there nor was his store
located there.
b.
Bruce would not be subject to jurisdiction in a Virginia court because a consumer complaint was involved, not
a dispute involving two business entities.
c.
Bruce would be subject to the jurisdiction of courts in Virginia because Tennessee borders Virginia, and
federal courts have jurisdiction over citizens from any surrounding state.
d.
Bruce would be subject to the jurisdiction of courts in Virginia because his contacts with the state were such
that maintenance of the suit would not offend traditional notions of fair play and substantial justice.
d
1
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-12 Civil Procedure: Litigation Steps
Blooms: Application
58. For federal diversity purposes, a corporation is deemed a citizen of:
a.
the state of incorporation.
b.
the state of its principal place of business.
c.
either the state of incorporation or the state of its principal place of business, but not both.
d.
both the state of incorporation and the state of its principal place of business.
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-4 Federal Jurisdiction
Blooms: Application
Fact Pattern 3-2
Sally tells you that she is in a dispute with her employer regarding whether in denying Sally a promotion she wanted, the
employer committed sex discrimination. Sally says that she has heard about both mediation and arbitration and asks you
which would result in a quicker judgment in her favor because she does not particularly want to go to the time and
expense of a court action. Sally also asks if, as a friend, you will go with her when she consults with a lawyer.
59. Refer to Fact Pattern 3-2. What would you tell Sally regarding whether she should choose mediation or arbitration?
a.
That mediation and arbitration are essentially the same thing.
b.
That a mediator would actually decide the case whereas an arbitrator would not.
c.
That an arbitrator would actually decide the case whereas a mediator would not.
d.
That both an arbitrator and a mediator would decide the case but that an arbitrator is required to be a lawyer
whereas a mediator is not.
1
United States – BUSPROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Application
60. Refer to Fact Pattern 3-2. What would you tell Sally regarding her request that you go with her, as her friend, to see
her lawyer?
a.
That you would be glad to do so because you want to provide emotional support.
b.
That you should not go because your presence would destroy the attorney-client privilege.
c.
That you should not go because your presence would destroy the work-product privilege.
d.
That you should not go because your presence would destroy both the attorney-client privilege and the work-
United States – BUSPROG: – Analytic
DISC: – AICPA: BB-Legal
3-8 Personal Jurisdiction
Blooms: Analysis
product privilege.
61. Robert had a dispute with his neighbor regarding the location of the property line. Robert’s attorney suggests to Robert
that both parties contribute funds toward hiring individuals to serve on a nonbinding jury and render a suggested verdict.
Which of the following is the appropriate term for that type of procedure?
a.
Summary jury trial
b.
Nonbinding jury trial
c.
Private jury trial
d.
Procedural jury trial
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Analysis
62. Under what circumstances should a judge grant a motion for summary judgment?
judge will not grant summary judgment.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Analysis
63. Set forth the circumstances when courts in the United States will honor a choice-of-forum clause.
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
3-9 Choice of Forum, Waiver of Right to Trial by Jury, and Choice of Law
b
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Application
64. Federal courts are generally referred to as courts of limited jurisdiction. Over what three types of cases do federal
district courts have jurisdiction?
65. Discuss what types of material is covered by the attorney work-product doctrine and explain the rationale behind it.