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Chaper 2 the court system




Question 1If 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 answersTrueFalse;Question 2In 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 answersTrueFalse;Question 3International disputes over domain names are ***** ***** by ADR at the U.N. Commission on Internet Usage.Question 3 answersTrueFalse;Question 4When a plaintiff files an action against a defendant, it is called the complaint.Question 4 answersTrueFalse;Question 5State courts, in contrast to federal courts, are known as court of limited jurisdiction.Question 5 answersTrueFalse;Question 6Parties to a negotiation must exchange information for the negotiation to be successful.Question 6 answersTrueFalse;Question 7Four justices must agree to hear an appeal to the Supreme Court for it to be placed on the Court docket.Question 7 answersTrueFalse;Question 8A writ of mandamus directs a lower court to send up the record of a case for review by the Supreme Court.Question 8 answersTrueFalse;Question 9In 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 answersTrueFalse;Question 10Most discovery occurs during courtroom proceedings.Question 10 answersTrueFalse;Question 11In 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 answersstate statute prevented the court from changing the rulecommon law rules cannot be changed, so it could not amend the rulecommon law rules cannot be changed without U.S. Supreme Court approvalthe rule had a good rationale behind it, so it would be maintainednone of the other choices are correct;Question 12The United States Constitution is:Question 12 answersan unwritten documentan understanding between the people and the governmentthe highest legal authoritythe second highest legal authority, the Executive is the highest legal authoritythe supplementary law of the land;Question 13The first pleading is commonly called:Question 13 answersthe complaintthe answerthe affirmative defensethe res judicatanone of the other choices;Question 14Article I, Section 1 of the U.S. Constitution:Question 14 answersprovides that all power to make laws for state governments shall be held by state governorsprovides that all power to make laws for the federal government shall be held by the Supreme Courtprovides that all power to make laws for the federal government shall be held by the Vice Presidentprovides that all power to make laws for state governments shall be held by senatorsprovides that all power to make laws for state governments shall be held by state governors;Question 15Most of the time, in appellate courts, ____ judges hear an appeal.Question 15 answers3491015;Question 16In addition to the legislature, the president or governor of a state is:Question 16 answersa source of lawa source of fundinga source of judicial decisionsa source of moral codesa source of compensation for injury;Question 17Since France is a civil-law country, its legal system is based on:Question 17 answersjudge-made common lawjudge-made civil lawwritten lawunwritten lawnone of the other choices are correct;Question 18Under the common law, judges usually decide cases based on:Question 18 answerspersonal opinionthe U.S. Code or U.S. Code Annotatedthe statutes of the state within which the court sitsexecutive ordersnone of the other choices are correct;Question 19The official, public publications of case decisions are called:Question 19 answerscase pronouncementscase filescase informationcase ethicsnone;Question 20The process of obtaining information about the dispute is known as:Question 20 answersprocessingcounterclaim justificationpretrial informingcounterclaim informingnone of the other choices are correct


Paper#35556 | Written in 18-Jul-2015

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