Question 1

Janet's husband, John, 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.If the defendant asks the judge to excuse John from serving on the jury and the judge agrees:

Accepted Answer

This is a valid challenge for cause as John has expressed bias towards the defendant based on news reports, which could affect his ability to be impartial in the case. The defendant is entitled to a fair and impartial jury, and John's expressed bias could prevent this. Therefore, John can be excused from serving on the jury.

Question 2

An example of a special court in the federal judicial system is the:

Accepted Answer

The U.S. Court of Federal Claims is a special court in the federal judicial system that hears cases involving money claims against the federal government. It is different from the Federal District Court and U.S. Court of Appeals, which have more general jurisdiction over a wider range of cases. The U.S. Supreme Court is also a special court, but it is the highest court in the federal system and primarily hears cases on appeal from the lower courts.

Question 3

In the World-Wide Volkswagen Corp.v.Woodson case, the Supreme Court found that:

Accepted Answer

The World-Wide Volkswagen Corp. v. Woodson case established that in order for a state to exercise jurisdiction over the parties to a lawsuit, there must be sufficient minimal contacts between the defendant and the state. This means that the defendant must have some kind of connection or presence in the state for the state to have legal authority over them in a lawsuit. The mere occurrence of an accident in the state is not enough to establish jurisdiction. Additionally, the Court did not find that the Due Process Clause was violated in this case.

Question 4

Which of the following may a U.S.Court of Appeals do in ruling on a case?

Accepted Answer

A U.S. Court of Appeals may reverse or modify the judgment of the lower court, and/or remand or send the case back to the lower court. The Court of Appeals generally does not hear testimony of witnesses again.

Question 5

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, so they strike her name from the jury.In this case:

Accepted Answer

This is a valid peremptory challenge. Peremptory challenges allow the attorneys to strike potential jurors without giving a reason. As long as the strike is not based on a discriminatory reason (such as race or gender), it is considered valid. In this case, the defendant's attorney and the defendant simply disliked the color of the juror's dress and exercised their right to strike her using a peremptory challenge.

Question 6

If the judge denies a __________, then the defendant has the opportunity to present witnesses.However, if the judge grants the motion, then the judge takes the case away from the jury and enters a judgment for the party making the motion.

Accepted Answer

A motion for a directed verdict is made by the defendant at the close of the plaintiff's evidence or at the close of all the evidence. If granted, the judge enters a judgment in favor of the defendant without the case being presented to the jury. If denied, the defendant has the opportunity to present witnesses.

Question 7

In diversity of citizenship cases, federal courts apply:

Accepted Answer

In diversity of citizenship cases, federal courts apply federal procedural law and state substantive law. This is because while the procedural aspects of the case (how the case is processed) are governed by the federal court's own rules, the substantive law (the law that determines the outcome of the case) is derived from the state laws that would apply if the case were tried in state court. This approach helps maintain consistency in the application of state laws while ensuring that the federal court system operates under a uniform set of procedural rules.

Question 8

The legal concept which deals with the location where a lawsuit should be brought is:

Accepted Answer

The legal concept which deals with the location where a lawsuit should be brought is venue. It refers to the specific geographic location where a lawsuit should be heard, based on factors such as where the incident occurred or where the parties reside. In personam jurisdiction and subject matter jurisdiction are different concepts that have to do with the court's authority over the parties involved and the type of dispute being heard. Stare decisis refers to the principle of following precedent in court decisions.

Question 9

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas.Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction.In this case:

Accepted Answer

The Kansas courts have in rem jurisdiction because the dispute involves land located in Kansas, giving Kansas courts the authority to adjudicate claims related to that property.

Question 10

A decision of the U.S.Supreme Court on a federal question is:

Accepted Answer

A decision of the U.S. Supreme Court on a federal question is binding on all federal and state courts. This is known as the doctrine of stare decisis, which means that courts should follow the precedent of higher courts in similar cases. Thus, a Supreme Court decision sets a precedent for all lower courts to follow in similar cases, whether they are state or federal courts.

Question 11

With a __________ the jury makes specific written findings on each factual issue, and the judge then applies the law to these findings.

Accepted Answer

A special verdict is when the jury is required to make specific written findings on each factual issue in the case, and the judge then applies the law to these findings. This is different from a general verdict where the jury simply decides for one party or the other without providing specific reasons or findings. Voir dire is the process of questioning potential jurors to determine if they are suitable for the trial. Quasi in rem refers to a type of jurisdiction in which a court has jurisdiction over a specific piece of property rather than the person involved.

Question 12

The federal courts have exclusive jurisdiction over:

Accepted Answer

The federal courts have exclusive jurisdiction over federal criminal prosecutions and trademark and copyright cases. They do not have jurisdiction over issues involving state constitutions, which are within the purview of state courts.

Question 13

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

Accepted Answer

The judge determines issues of law, such as the admissibility of evidence and instructions to the jury on the law, while the jury determines questions of fact, such as the credibility of witnesses and the interpretation of evidence. Therefore, choice C is the correct answer.

Question 14

A writ of execution as used in civil law litigation allows:

Accepted Answer

A writ of execution in civil law allows the plaintiff to enforce a judgment won in court by demanding payment from the defendant. It may involve seizing the defendant's assets or wages to satisfy the judgment. It does not have anything to do with criminal law or a new trial.

Question 15

Jessup and Lange are having a dispute regarding some property.They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise.The best form of dispute resolution for their problem would be:

Accepted Answer

The best form of dispute resolution for Jessup and Lange's problem would be arbitration, as it allows for a private and customized resolution process which is decided by an expert arbitrator. It is also binding, ensuring that both parties follow the resolution reached.

Question 16

Which of the following is NOT a way in which a case can reach the United States Supreme Court?

Accepted Answer

Stare decisis is not a way in which a case can reach the United States Supreme Court. Stare decisis refers to the legal principle of following precedent set in previous court decisions rather than overthrowing them. The other options, appeal by right and writ of certiorari, are both methods by which a case can be brought before the Supreme Court.

Question 17

Patricia has a valid judgment against David.David lives in California, where he owns thousands of acres of beach-front property, unrelated to the judgment.Patricia may execute her judgment in California based on what type of jurisdiction?

Accepted Answer

Quasi in rem jurisdiction allows a plaintiff to attach property owned by a defendant within the court’s jurisdiction to satisfy a judgment against the defendant. In this case, since David owns property in California, Patricia can use quasi in rem jurisdiction to execute her judgment against him by attaching his property in California.

Question 18

The procedural stage of a lawsuit after the pleadings but before trial is the:

Accepted Answer

The stage after pleadings but before trial is the discovery stage, where both parties exchange relevant information and evidence. This stage is important for each side to gather information to support their case and prepare for trial. The other answer choices (peremptory challenge, special verdict, and offer of proof) are all stages that occur during the trial, not before it.

Question 19

Conflict of law rules:

Accepted Answer

Conflict of law rules are state laws, but they vary from state to state. There is no federal law that governs conflict of laws. Therefore, both options B and C are correct.

Question 20

The U.S.Supreme Court:

Accepted Answer

The U.S. Supreme Court has original jurisdiction over certain types of cases, including those involving ambassadors and disputes between states. However, the vast majority of cases that come before the Supreme Court are appeals from lower courts, indicating that the Court primarily exercises appellate jurisdiction.

Quiz 3: Civil Dispute Resolution