Question 3

The court acquires jurisdiction over the defendant:

		In every lawsuit.
		Only if the defendant lives within the state where the court sits.
		By virtue of the defendants residence in the United States.
		When it gives him a copy of the complaint and a summons.
		All of the above.

1 points

Question 4

What do most states hold as sufficient to allow the state to serve a defendant?

		Only a defendants current physical presence within the state will suffice.
		So long as the defendant had at one time been physically present in the state.
		Acts like committing a tort or doing business in the state are sufficient.
		The defendant need only be a U.S. citizen.
		The defendant need only be present within the continental United States.

1 points

Question 5

What type of jurisdiction would allow a plaintiff to file suit against a persons property?

		Subject matter jurisdiction.
		En personam jurisdiction.
		Appellate jurisdiction.
		In rem jurisdiction.
		All of the above.

1 points

Question 6

A state may derive personal jurisdiction through the internet:

		If the defendant committed knowing and repeated transmission of computer files with residents of that state.
		If defendant maintained a passive web site that was viewed by residents of that state.
		If the defendant has internet access.
		In all situations.
		Never.

1 points

Question 7

What determines which court system may hear a particular type of case?

		In rem jurisdiction.
		Exclusive federal jurisdiction.
		State jurisdiction.
		Concurrent federal jurisdiction.
		Subject-matter jurisdiction.

1 points

Question 8

Concurrent jurisdiction covers two types of cases:

		Foreign and domestic cases.
		Federal-question and diversity-of-citizenship cases.
		Criminal and civil cases.
		State and local cases.
		Pleasant and unpleasant cases.

1 points

Question 9

Each year, the American Tort Reform Association attempts to eliminate some legal guesswork for businesses by creating:

		Tort reform.
		A uniform court system.
		A list of the countrys best attorneys.
		A list of the nations top judicial hellholes.
		All of the above.

1 points

Question 10

What determines which trial court will hear a case once it has been filed in the proper court system?

		Venue.
		Lottery.
		Assignment.
		Special judicial expertise.
		Luck.

1 points

Question 11

How many circuit courts exist in the federal system?

		5.
		9.
		12.
		13.
		17.

1 points

Question 12

State trial courts of limited jurisdiction:

		Exist in every state.
		Can grant only certain remedies.
		Never conduct trials.
		Are the only courts that conduct trials.
		Do not exist.

1 points

Question 13

The American legal system requires that a plaintiff have a personal stake:

		In the outcome of the case.
		In the ownership of land within the courts jurisdiction.
		For dinner before trial.
		To stab any vampires that rear their ugly heads.
		In a business before they can be sued by that business.

1 points

Question 14

Courts can give final judgments that solve existing problems; they cannot provide:

		For the payment of money.
		Jail time.
		The winner with a satisfactory remedy.
		Rulings about hypothetical situations.
		A solution to every lawsuit.

1 points

Question 15

Possible drawbacks to an adversary litigation system include:

		The time and expense each lawsuit requires.
		The damage a suit may cause to the litigating parties relationship.
		The unfair advantage to those with wealth and experience using the court system.
		All of the above.
		None of the above.

1 points

Question 16

What prevents surprises at trial by allowing attorneys to prepare arguments to counter the other sides claims?

		Pleadings.
		The rule of no surprises.
		Federal law.
		The Federal Rules of Civil Procedure.
		The steps in civil litigation.

1 points

Question 17

A party may move, or request, that the court do:

		Nothing; it is the Courts job to initiate actions.
		Everything; the Court will do nothing without the plaintiffs request.
		Almost anything pertaining to the case.
		Something about the smell in the courtroom.
		Push-ups and sit-ups.

1 points

Question 18

A motion for summary judgment asserts:

		That the plaintiff should win.
		That the defendant should win.
		That the judge must recuse herself from the lawsuit.
		That the opposing council is unfit for trial.
		That no factual disputes exist.

1 points

Question 19

Some plaintiffs attorneys are now sending:

		Litigation-hold demand letters to potential defendants.
		Gift baskets to the judge before the trial begins.
		A limousine to transport the plaintiff to the courthouse.
		A limousine to transport the defendant to the courthouse.
		The defendant a one-way bus ticket out of town.

1 points

Question 20

If the parties have waived their right to a jury:

		A judge serves as the fact finder in the case.
		Then there can be no trial.
		Then the defendant automatically wins the case.
		Then the plaintiff automatically wins the case.
		The jury will only meet for the discovery process.

1 points

Question 21

The plaintiff bears the burden of proving the case, meaning:

		That the plaintiff must provide doughnuts for the jury.
		They have no preemptory challenges.
		That the shadow jury cannot be used.
		If neither side presents a convincing case, the jury must rule in favor of the defendant.
		All of the above.

1 points

Question 22

In most civil cases, the plaintiff must prove her case by:

		Showing the judge that she really deserves to win.
		Showing that her claim is more likely to be true than the defendants claim.
		Persuading every single juror that she is absolutely right.
		Showing that there is no reasonable doubt that she should win.
		Looking the prettiest.

1 points

Question 23

A judge often grants a motion for a new trial when:

		The parties discover new evidence.
		The judge mad an erroneous ruling.
		Misconduct during the trial may have prevented the jury from reaching a fair decision.
		All of the above.
		None of the above.

1 points

Question 24

How many decisions may an appellate court render?

		1.
		2.
		3.
		4.
		5.

1 points

Question 25

An appellate court usually has a bench:

		Made of ivory.
		Made out of wood.
		Made out of copper.
		That will never wear out.
		With at least three judges.