Chaper 2 the court system

Question 1

If the parties to a case are from different states, there is more than $75,000 in dispute, and federal law is involved, the case may be heard in either federal or state court.

Question 1 answers

True

False

Question 2

In Erie v. Tompkins, where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that the matter must be tried under federal law because the law of New York and Pennsylvania were in conflict.

Question 2 answers

True

False

Question 3

International disputes over domain names are ***** ***** by ADR at the U.N. Commission on Internet Usage.

Question 3 answers

True

False

Question 4

When a plaintiff files an action against a defendant, it is called the complaint.

Question 4 answers

True

False

Question 5

State courts, in contrast to federal courts, are known as court of limited jurisdiction.

Question 5 answers

True

False

Question 6

Parties to a negotiation must exchange information for the negotiation to be successful.

Question 6 answers

True

False

Question 7

Four justices must agree to hear an appeal to the Supreme Court for it to be placed on the Court docket.

Question 7 answers

True

False

Question 8

A writ of mandamus directs a lower court to send up the record of a case for review by the Supreme Court.

Question 8 answers

True

False

Question 9

In rem jurisdiction means that a court has the power to issue a judgment with respect to property such as a house or bank account.

Question 9 answers

True

False

Question 10

Most discovery occurs during courtroom proceedings.

Question 10 answers

True

False

Question 11

In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that:

Question 11 answers

state statute prevented the court from changing the rule

common law rules cannot be changed, so it could not amend the rule

common law rules cannot be changed without U.S. Supreme Court approval

the rule had a good rationale behind it, so it would be maintained

none of the other choices are correct

Question 12

The United States Constitution is:

Question 12 answers

an unwritten document

an understanding between the people and the government

the highest legal authority

the second highest legal authority; the Executive is the highest legal authority

the supplementary law of the land

Question 13

The first pleading is commonly called:

Question 13 answers

the complaint

the answer

the affirmative defense

the res judicata

none of the other choices

Question 14

Article I, Section 1 of the U.S. Constitution:

Question 14 answers

provides that all power to make laws for state governments shall be held by state governors

provides that all power to make laws for the federal government shall be held by the Supreme Court

provides that all power to make laws for the federal government shall be held by the Vice President

provides that all power to make laws for state governments shall be held by senators

provides that all power to make laws for state governments shall be held by state governors

Question 15

Most of the time, in appellate courts, ____ judges hear an appeal.

Question 15 answers

3

4

9

10

15

Question 16

In addition to the legislature, the president or governor of a state is:

Question 16 answers

a source of law

a source of funding

a source of judicial decisions

a source of moral codes

a source of compensation for injury

Question 17

Since France is a civil-law country, its legal system is based on:

Question 17 answers

judge-made common law

judge-made civil law

written law

unwritten law

none of the other choices are correct

Question 18

Under the common law, judges usually decide cases based on:

Question 18 answers

personal opinion

the U.S. Code or U.S. Code Annotated

the statutes of the state within which the court sits

executive orders

none of the other choices are correct

Question 19

The official, public publications of case decisions are called:

Question 19 answers

case pronouncements

case files

case information

case ethics

none

Question 20

The process of obtaining information about the dispute is known as:

Question 20 answers

processing

counterclaim justification

pretrial informing

counterclaim informing

none of the other choices are correct