Question 1

The U.S.Court of Appeals has ________ circuits.

Accepted Answer

A)  50
B)  6
C)  13
D)  12
E)  10F) A) and D)
G) A) and E)

Question 2

Dr.Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ.Following discovery,it becomes clear that the plaintiff has no credible evidence against the doctor,and that no reasonable jury could rule in the plaintiff's favor.How should Dr.Tanaka's lawyer proceed?

Accepted Answer

A)  The lawyer should proceed to trial.
B)  The lawyer should make a motion for additional discovery.
C)  The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
D)  The lawyer should file a motion for judgment on the pleadings.
E)  The lawyer should make a motion for summary judgment.F) A) and B)
G) A) and C)

Question 3

If a potential juror's response to a question indicates bias,an attorney should use a peremptory challenge to remove the juror.

Accepted Answer

A) True 
 B)False  False

Question 4

Which of the following is a question of fact?

Accepted Answer

A)  Is premeditation necessary for a first degree murder conviction?
B)  Is speech protected by the First Amendment?
C)  What is necessary for service of process?
D)  What elements should an answer contain?
E)  Did the vehicle run the traffic light?F) A) and B)
G) C) and E)

Question 5

The federal court system has exclusive jurisdiction over ________.

Accepted Answer

A)  Admiralty,bankruptcy,and federal copyright cases
B)  Bankruptcy cases only
C)  Federal copyright cases only
D)  The federal court system has no exclusive jurisdiction
E)  Admiralty cases onlyF) C) and E)
G) A) and E)

Question 6

Juries decide questions of law.

Accepted Answer

A) True 
 B)False

Question 7

A company is considering locating its headquarters in West Virginia,but wants to know how the court system treats businesses in the state.What advice would be most appropriate:

Accepted Answer

A)  West Virginia is a good location to choose as a company headquarters because it does not guarantee the right to appeal a civil verdict.
B)  West Virginia is a good location to choose as a company headquarters because it does guarantee the right to appeal a civil verdict.
C)  Companies should not take into account the question of which court system will hear a case.
D)  The company may wish to consider a different location because the American Tort Reform Association has continually defined West Virginia as one of its top Judicial Hellholes for businesses in the United States.
E)  West Virginia is a good location to choose as a company headquarters because it has a reputation as being unfriendly to plaintiffs.F) None of the above
G) B) and E)

Question 8

Which of the following is the same as attachment jurisdiction?

Accepted Answer

A)  Subject-matter jurisdiction
B)  Personal jurisdiction
C)  In rem jurisdiction
D)  Quasi in rem jurisdiction
E)  Equitable jurisdictionF) A) and B)
G) A) and C)

Question 9

[Appellate Court.] DeShaun,who is a bit eccentric,is fed up with the way a certain employer in his town treats employees and decides to sue on behalf of all those employees.DeShaun also says that he is going to start his case at the appellate court level,skipping over all those "lesser" judges.DeShaun says that those justices will surely hear him out and that he will also seek a jury.
-Will an appellate court hear DeShaun's case?

Accepted Answer

A)  No,because DeShaun is required to first file the case in the appropriate trial court.
B)  Yes,so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.
C)  Yes,but only if DeShaun can prove that he would have had to wait at least a year for a trial at the trial court level.
D)  Yes,but DeShaun is not entitled to a jury.
E)  Yes,but only if DeShaun files his case in state court as opposed to federal court.F) C) and D)
G) B) and D) A

Question 10

Which of the following is true regarding the court system in the Republic of China Taiwan) ?

Accepted Answer

A)  Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
B)  While constitutional issues are heard by the country's Supreme Court,regular civil and criminal cases are heard by the Court of the Judicial Yuan.
C)  For civil and criminal cases,and for cases interpreting the country's constitution,the Supreme Court is the court of last resort.
D)  All cases go directly from the trial court to the Supreme Court,and there is no intermediate appellate court system.
E)  It is identical to the court system in the U.S.F) A) and D)
G) A) and E)

Question 11

If a defendant is a corporation:

Accepted Answer

A)  Generally either the president of the corporation or an agent can be served
B)  Only the agent of the corporation can be served
C)  Only the president of a corporation can be served
D)  The corporation does not have to receive service
E)  No service of process is requiredF) B) and C)
G) A) and B) A

Question 12

Matthew,who attends a local state college in his home state,is prevented from wearing a T-shirt with a gun picture on it to his public school.He wants to sue because he believes his First Amendment rights are being violated.Which court could Matthew sue in?

Accepted Answer

A)  The state appeals court because the case raises a Constitutional issue.
B)  The U.S.Supreme Court because the case is a First Amendment case.
C)  Federal or state court because the case raises a federal question.
D)  The federal appeals court because the case raises a Constitutional issue.
E)  Federal court because diversity jurisdiction exists.F) C) and E)
G) C) and D)

Question 13

The challenge to Sandy is called a[n] ________.

Accepted Answer

A)  Stipulated challenge
B)  Peremptory challenge
C)  Fairness challenge
D)  Approved challenge
E)  Challenge for causeF) A) and E)
G) B) and E)

Question 14

Which of the following is a path that a case could take through the U.S.court system:

Accepted Answer

A)  State trial court to the U.S.circuit court of appeals
B)  U) S.district court to the state Supreme Court to the U.S.Supreme Court
C)  State trial court to the U.S.district court to the U.S.Supreme Court
D)  State trial court to a state Supreme Court to the U.S.Supreme Court.
E)  State trial court to the U.S.Supreme CourtF) A) and D)
G) B) and E)

Question 15

For a person to have standing:

Accepted Answer

A)  The case must not be moot.
B)  There must be an actual controversy.
C)  Personal jurisdiction must exist
D)  The case must personally affect him or her.
E)  Subject matter jurisdiction must existF) All of the above
G) B) and D)

Question 16

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ________.

Accepted Answer

A)  In rem statutes
B)  Quasi in rem statutes
C)  Minimum contact statutes
D)  Significant contact statutes
E)  Long-arm statutesF) A) and B)
G) C) and D)

Question 17

Usually the issue of ripeness arises when one party claims that a case is moot.

Accepted Answer

A) True 
 B)False

Question 18

A plaintiff wants to appeal an unfavorable decision.In most cases:

Accepted Answer

A)  Appeal to the Supreme Court is available.
B)  Appeal to both the state and federal Supreme Court is available.
C)  Only one appeal is available
D)  Appeal is not permitted for plaintiffs,only for defendants.
E)  Appeal is available only to resolve questions of factF) C) and E)
G) B) and C)

Question 19

In a criminal case against Anton,what standard of proof would the judge apply?

Accepted Answer

A)  A standard of proof beyond a reasonable question
B)  A standard of certainty in proof
C)  A standard of proof by a margin
D)  A standard of proof beyond a reasonable doubt
E)  A preponderance of the evidence standardF) All of the above
G) A) and B)

Question 20

Assuming DeShaun eventually ends up at the appellate level,is he entitled to a jury at the appellate level?

Accepted Answer

A)  Yes,if he satisfies the requirements to initially bring the case in appellate court,he is entitled to a jury.
B)  Yes,but only if he had a jury first at the trial court level.
C)  No,jurors are not used at the appellate court level.
D)  Yes,because appellate courts decide questions of fact while questions of law are decided at the trial court level.
E)  Yes,but only if the employer agrees to a jury.F) A) and E)
G) B) and D)

Exam 3: The Uslegal System

The U.S.Court of Appeals has ________ circuits.

Correct Answer
verified

Dr.Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ.Following discovery,it becomes clear that the plaintiff has no credible evidence against the doctor,and that no reasonable jury could rule in the plaintiff's favor.How should Dr.Tanaka's lawyer proceed?

Correct Answer
verified

If a potential juror's response to a question indicates bias,an attorney should use a peremptory challenge to remove the juror.

Correct Answer
verified
False

Which of the following is a question of fact?

Correct Answer
verified

The federal court system has exclusive jurisdiction over ________.

Correct Answer
verified

Juries decide questions of law.

Correct Answer
verified

A company is considering locating its headquarters in West Virginia,but wants to know how the court system treats businesses in the state.What advice would be most appropriate:

Correct Answer
verified

Which of the following is the same as attachment jurisdiction?

Correct Answer
verified

Correct Answer
verified
A

Which of the following is true regarding the court system in the Republic of China Taiwan) ?

Correct Answer
verified

If a defendant is a corporation:

Correct Answer
verified
A

Matthew,who attends a local state college in his home state,is prevented from wearing a T-shirt with a gun picture on it to his public school.He wants to sue because he believes his First Amendment rights are being violated.Which court could Matthew sue in?

Correct Answer
verified

The challenge to Sandy is called a[n] ________.

Correct Answer
verified

Which of the following is a path that a case could take through the U.S.court system:

Correct Answer
verified

For a person to have standing:

Correct Answer
verified

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ________.

Correct Answer
verified

Usually the issue of ripeness arises when one party claims that a case is moot.

Correct Answer
verified

A plaintiff wants to appeal an unfavorable decision.In most cases:

Correct Answer
verified

In a criminal case against Anton,what standard of proof would the judge apply?

Correct Answer
verified

Assuming DeShaun eventually ends up at the appellate level,is he entitled to a jury at the appellate level?

Correct Answer
verified

Exam 3: The Uslegal System

The U.S.Court of Appeals has ________ circuits.

Correct AnswerverifiedShow Answer

Dr.Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ.Following discovery,it becomes clear that the plaintiff has no credible evidence against the doctor,and that no reasonable jury could rule in the plaintiff's favor.How should Dr.Tanaka's lawyer proceed?

Correct AnswerverifiedShow Answer

If a potential juror's response to a question indicates bias,an attorney should use a peremptory challenge to remove the juror.

Correct AnswerverifiedFalse

Which of the following is a question of fact?

Correct AnswerverifiedShow Answer

The federal court system has exclusive jurisdiction over ________.

Correct AnswerverifiedShow Answer

Juries decide questions of law.

Correct AnswerverifiedShow Answer

A company is considering locating its headquarters in West Virginia,but wants to know how the court system treats businesses in the state.What advice would be most appropriate:

Correct AnswerverifiedShow Answer

Which of the following is the same as attachment jurisdiction?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

Which of the following is true regarding the court system in the Republic of China Taiwan) ?

Correct AnswerverifiedShow Answer

If a defendant is a corporation:

Correct AnswerverifiedA

Matthew,who attends a local state college in his home state,is prevented from wearing a T-shirt with a gun picture on it to his public school.He wants to sue because he believes his First Amendment rights are being violated.Which court could Matthew sue in?

Correct AnswerverifiedShow Answer

The challenge to Sandy is called a[n] ________.

Correct AnswerverifiedShow Answer

Which of the following is a path that a case could take through the U.S.court system:

Correct AnswerverifiedShow Answer

For a person to have standing:

Correct AnswerverifiedShow Answer

Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called ________.

Correct AnswerverifiedShow Answer

Usually the issue of ripeness arises when one party claims that a case is moot.

Correct AnswerverifiedShow Answer

A plaintiff wants to appeal an unfavorable decision.In most cases:

Correct AnswerverifiedShow Answer

In a criminal case against Anton,what standard of proof would the judge apply?

Correct AnswerverifiedShow Answer

Assuming DeShaun eventually ends up at the appellate level,is he entitled to a jury at the appellate level?

Correct AnswerverifiedShow Answer

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False

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A

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A

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