Question 1

James rents a house in Wisconsin. Sandra, the owner of the house, lives in Pennsylvania. A portion of the roof in the rented house collapses. If James is claiming damages due to negligence, which of the following statements is true?

Accepted Answer

A)   James has to file a lawsuit in a Pennsylvania state trial court, as in personam jurisdiction is required.
B)   A federal court has to hear this case, as it will have exclusive subject matter jurisdiction in this case.
C)   A lawsuit can be filed in a Wisconsin state trial court, as in rem jurisdiction is sufficient.
D)   James has to wait for Sandra to enter Wisconsin and then file a lawsuit there.

Question 2

Which of the following statements is true about an appeal?

Accepted Answer

A)   When a case is appealed, a new trial is held.
B)   The losing party can appeal a case even if it does not allege a prejudicial error of law.
C)   The court to which a case is appealed depends on the court in which the case was originally heard.
D)   When a case is appealed, only the appellant has to file briefs in the court of appeals.

Question 3

When a person's rights under the federal Constitution have been violated, the case must be tried in a federal court.

Accepted Answer

A) True 
 B)False

Question 4

Petit juries .

Accepted Answer

A)   consist of 13 to 24 citizens
B)   are used only convened in criminal matters
C)   are waived off if both parties to a case agree
D)   must reach a unanimous verdict in civil cases in all states

Question 5

Which of the following is a criticism of the adversarial system of litigation in the United States?

Accepted Answer

A)   The lack of a neutral factfinder such as a judge or a jury.
B)   Arguments are only allowed from the defendant's side.
C)   Heavy dependency on the skills of the representing attorney.
D)   Only evidence produced by the plaintiff is permissible.

Question 6

The party against whom an action is being brought is the .

Accepted Answer

A)   remainderman
B)   plaintiff
C)   defendant
D)   complainant

Question 7

A court with _ jurisdiction has the power to review a previously made decision to determine whether the trial court erred in making its initial decision.

Accepted Answer

A)   original
B)   appellate
C)   in rem
D)   exclusive federal

Question 8

Which of the following is the traditional method of service of process?

Accepted Answer

A)   certified mail
B)   certified mail, return receipt requested
C)   publication
D)   a sheriff hands the summons and complaint to the defendant

Question 9

An appellate court .

Accepted Answer

A)   is usually composed of a grand jury
B)   can reverse a decision only if the judges are unanimous in their decision
C)   records the majority opinion, which is used by judges to make future decisions
D)   cannot accept cases where a prejudicial error has occurred during the trial

Question 10

Discovery is the pretrial gathering of information from each other by the parties.

Accepted Answer

A) True 
 B)False

Question 11

The U.S. Supreme Court is the .

Accepted Answer

A)   court of last resort
B)   court of initial resort
C)   trial court
D)   intermediate appellate court

Question 12

Which of the following statements is true of class actions?

Accepted Answer

A)   A class action cannot be filed if the individual claims are small.
B)   The named plaintiffs in a class action have to pay all the court costs.
C)   They are cases in which the plaintiff is an individual who has a complaint against a group of people.
D)   When a class action is brought, the case is usually filed in the name of all the parties who have the same complaint.

Question 13

Which of the following statements is true about the steps followed in a civil litigation before the trial begins?

Accepted Answer

A)   Both parties have to file a request for information to obtain the deposition transcripts.
B)   Both parties usually come to an agreement on the damages to be awarded in the pretrial conference.
C)   Depositions can be used if there is cause to believe that a witness may die before trial.
D)   A motion to dismiss has to be granted by the plaintiff.

Question 14

Judicial review refers to .

Accepted Answer

A)   the power to determine whether a law passed by the legislature violates the Constitution
B)   the federal court system's jurisdictional supremacy over cases that involve a federal question
C)   the system of litigation in which the judge hears evidence and arguments presented by both parties
D)   an appellate court's power to reverse or remand a case if it finds that an error was committed

Question 15

The Fifth Amendment requires that all federal prosecutions for "infamous" crimes be commenced with an indictment by a grand jury.

Accepted Answer

A) True 
 B)False

Question 16

According to the doctrine, formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission.

Accepted Answer

A)   parley
B)   parol evidence
C)   substantial performance
D)   work product

Question 17

In a trial by jury, the .

Accepted Answer

A)   judge's vote is used to arrive at the verdict
B)   conference on jury instructions is held after the closing arguments of both parties
C)   judge is considered the factfinder
D)   judge confers with the attorneys and draws up instructions for the jury

Question 18

The power of judicial review was explicitly stated in the Constitution when it was drafted.

Accepted Answer

A) True 
 B)False

Question 19

What are the basic stages in a lawsuit?

Accepted Answer

There are four basic stages in a lawsuit...

Question 20

The Supreme Court is likely to issue a writ of certiorari when a federal court has ruled that an act of Congress is unconstitutional.

Accepted Answer

A) True 
 B)False

Exam 3: The American Legal System

Which of the following statements is true about the steps followed in a civil litigation before the trial begins?

Correct AnswerverifiedShow Answer

Which of the following is the traditional method of service of process?

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An appellate court .

Correct AnswerverifiedShow Answer

In a trial by jury, the .

Correct AnswerverifiedShow Answer

Petit juries .

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The power of judicial review was explicitly stated in the Constitution when it was drafted.

Correct AnswerverifiedShow Answer

Discovery is the pretrial gathering of information from each other by the parties.

Correct AnswerverifiedShow Answer

Which of the following statements is true about an appeal?

Correct AnswerverifiedShow Answer

James rents a house in Wisconsin. Sandra, the owner of the house, lives in Pennsylvania. A portion of the roof in the rented house collapses. If James is claiming damages due to negligence, which of the following statements is true?

Correct AnswerverifiedShow Answer

Which of the following is a criticism of the adversarial system of litigation in the United States?

Correct AnswerverifiedShow Answer

When a person's rights under the federal Constitution have been violated, the case must be tried in a federal court.

Correct AnswerverifiedShow Answer

What are the basic stages in a lawsuit?

Correct AnswerverifiedThere are four basic stages in a lawsuit...View AnswerShow Answer

Which of the following statements is true of class actions?

Correct AnswerverifiedShow Answer

The Supreme Court is likely to issue a writ of certiorari when a federal court has ruled that an act of Congress is unconstitutional.

Correct AnswerverifiedShow Answer

Judicial review refers to .

Correct AnswerverifiedShow Answer

A court with _ jurisdiction has the power to review a previously made decision to determine whether the trial court erred in making its initial decision.

Correct AnswerverifiedShow Answer

The U.S. Supreme Court is the .

Correct AnswerverifiedShow Answer

The Fifth Amendment requires that all federal prosecutions for "infamous" crimes be commenced with an indictment by a grand jury.

Correct AnswerverifiedShow Answer

The party against whom an action is being brought is the .

Correct AnswerverifiedShow Answer

According to the doctrine, formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission.

Correct AnswerverifiedShow Answer

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There are four basic stages in a lawsuit...
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