Select thebestanswer: (two points for each correct answer)

1. All the following are state trial courts except

A Superior/Unlimited Jurisdiction courts.

B Municipal/Limited Jurisdiction court

C. Courts of Appeal

D. Small Claims Courts

ANSWER:________________

2. American jurisprudence [legal system] is most closely patterned after

A. Roman civil law

B. French civil law

C. English common law

D. "Just cause" law as set forth in Article III, 14 of the US Constitution

ANSWER:________________

3. Which of the following is a federal court?

A. Bankruptcy court

B. State appeals courts

C. State supreme court

D. Small claims court

ANSWER:________________

4. In diversity of citizenship jurisdiction, federal courts can hear all the following cases EXCEPT which one?

A. Suits between citizens of different states

B. Suits between two citizens of the same state

C. Suits between a citizen of a state and a subject of a foreign country.

D. Suits between a citizen of a state and foreign country where the foreign country is the plaintiff.

ANSWER:________________

5. To first bring a lawsuit anywhere in the United States the person bringing the action must first have

A. An injunction.

B. Standing to sue

C. An attorney

D. No interest in the outcome of the lawsuit.

ANSWER:________________

6. The concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred, or where the parties reside is referred to as

A. Deposition.

B. Arbitration.

C. Litigation.

D. Venue

ANSWER:________________

7. In the race to the Courthouse to file a lawsuit, the person who comes in second is called the:

A. Plaintiff

B. Respondent

C. Defendant

D. Deponent

E. "Sewer"

ANSWER:________________

8. A defendant who believes that the plaintiff has injured him or her can file a _______________ against the plaintiff in addition to an answer.

A. Petition

B. Crosscomplaint [counterclaim in federal court]

C. Arbitration

D. Resolution

ANSWER:________________

9. Which of the following is NOT a type of discovery?

A. Interrogatories

B. Depositions

C. Physical examination

D. Judgment NOV

ANSWER:________________

10. A motion for _____________ _____________ asserts that a judge, not a jury, should apply the relevant law to the undisputed facts.

A. Inclusive judgment

B. Settlement conference

C. Pretrial judgment

D. Summary judgment

ANSWER:________________

11. In ________________, a neutral third party receives evidence, hears arguments and then presents a binding solution.

A. Mediation

B. Arbitration

C. Intervention

D. Intercession

ANSWER:________________

12. How are judges for the federal courts selected?

A. By nationwide election.

B By election by the voters within the state where they preside.

C By the President, subject to confirmation by the Senate.

D By the Supreme Court justices.

ANSWER:________________

13. The amount in controversy in diversity jurisdiction actions

A. Must exceed $25,000

B. Must exceed the statutory threshold limit as imposed by the local district court

C. Must exceed $75,000

D. Is irrelevant, there is no minimum amount in controversy requirement in diversity actions

ANSWER:________________

14. Federal and state courts of appeal are determined based on:

A. Geography.

B. The subject matter of the case being appealed.

C. Whether the case is criminal or civil.

D. The amount in controversy in the appeal.

ANSWER:________________

15. All the following are proper grounds for federal question jurisdiction EXCEPT

A. Violation of federal statutes

B. When the United States is a party

C. Lawsuits involving international treaties

D. Personal injury actions involving foreign nationals

ANSWER:________________

16. Long-arm statutes are

A. State laws extending jurisdiction over out-of-state residents

B. Necessary to reach "deep pockets" defendants in civil litigation

C. Federal laws enabling federal courts to hear lawsuits between citizens of different states

D. Unconstitutional attempts by federal courts to exercise jurisdiction over foreign nationals

ANSWER:________________

17. Corporations

A. Are citizens of their state of incorporation

B. Are a legal fiction and therefore cannot be sued in state courts

C.Are citizens of their principal place of business

D. Both A and C are correct

ANSWER:________________

18. Court-ordered medical examinations in personal injury actions

A. Are always permitted

B. Are a violation of privacy and rarely, if ever, allowed

C. Are limited to situations where a party's physical condition is an issue in the case

D. Will be permitted only if the other party submits to the same examination

ANSWER:________________

19. What does it mean if a court has "personal jurisdiction"?

A. It means the court has the power to make and enforce a judgment against a particular individual.

B. It means a party has a personal stake in the outcome of a particular case.

C. It means the court must meet special requirements in nonbusiness cases involving individuals.

D. It means the case has been filed at the correct location with the state.

ANSWER:________________

20. Live testimony taken under oath before the actual trial is a discovery device known as a(n):

A. Deposition.

B. Interrogatory.

C. Arbitration.

D. Production of evidence.

ANSWER:________________

21 - 22. Refer to the following facts:

21.While driving his car Christopher R. Martinez, a Yuma, Arizona resident, runs a red light and broadsides Ms. Eva Y. Hung, a San Francisco, California, resident. The accident occurs in Mountain View, California. Ms. Hung is taken to Choke Memorial Hospital, is given two aspirins and is released. She later receives a $100,000 hospital bill. Ms. Hung brings a personal injury lawsuit. Under these facts, which is true:

A. Ms. Hung must sue in federal court because Mr. Martinez lives in Arizona.

B. Ms. Hung must sue Mr. Martinez in Arizona state court because he lives there.

C. If Ms. Hung sued Mr. Martinez in California state court, Mr. Martinez may have the case removed to Federal Court.

D. The amount in controversy requires the action be heard in state court.

ANSWER:________________

22.Ms. Hung later learns that Mr. Martinez was employed by Oracle, Inc., a Delaware corporation, and that at the time of the accident he was driving his employer's car. The accident occurred just after Mr. Martinez had left Larry Ellison's, Oracle CEO, office. Ms. Hung wants to name Oracle as an additional defendant. Does this affect jurisdiction?

A. No. Mr. Martinez, Ms. Hung and Oracle are all citizens of different states.

B. No, Oracle presumably does business in all 50 states.

C. Maybe, if Oracle's principal place of business is in California then the action may only be

filed in State Court.

D. Maybe. Oracle can have the matter transferred/removed to federal court because it is a

Delaware corporation.

ANSWER:________________

23.Lawsuits must be brought in a certain amount of time, otherwise they are barred. The law that bars "old claims" is called the

A. Stale Claims Act

B. Statute of Limitations

C. Issue Preclusion Act

D. Time of the Essence Law

ANSWER:________________

24.At trial, Plaintiffs have the opportunity to make their opening and closing arguments last because:

A. Plaintiff filed the lawsuit

B. Plaintiff claims damages

C. Someone has to go first

D. Plaintiff has the burden of proof

ANSWER:________________

25.Judgment NOV means that

A. The prevailing party is entitled to his/her attorney's fees

B. The Court is either reducing or increasing the jury's award to the plaintiff

C. The Court thinks that the jury is a bunch of dummies and because they reached a verdict that no

reasonable person would find, the Judge reverses the jury's judgment

D. The Court finds that there are no disputable facts at issue and the party seeking judgment is

entitled to it as a matter of law

ANSWER:________________