BLT&E-7e: Practice Quiz

Chapter 3: The Courts and Alternative Dispute Resolution

1. Before a court may hear a case, it must have jurisdiction: a. over the person against whom the case is brought or the property at issue and the subject matter involved in the case. b. over the defendant only. c. over the defendant or the property at issue but not over the subject matter. d. over the subject matter involved in the lawsuit only.

Answers:

a. Correct. Before a court may hear a case, the court must have jurisdiction over the person against whom the case is brought or the property at issue and the subject matter involved in the case. b. Incorrect. A court must also have jurisdiction over the subject matter of the dispute and, if property is at issue, over the property. c. Incorrect. A court just also have jurisdiction over the subject matter of the dispute. d. Incorrect. A court needs more than subject matter jurisdiction to hear a case.

2. A federal court will have subject matter jurisdiction to hear a case if: a. the case involves a matter of state law only. b. the case involves a treaty, the U.S. Constitution, or federal law. c. the case involves an adoption. d. the case involves state law and the parties are citizens of the same state.

Answers:

a. Incorrect. Cases involving state law are heard by state courts. b. Correct. Cases involving a treaty, the U.S. Constitution, or federal law, as well as cases involving diversity of citizenship, may be heard by a federal court. c. Incorrect. Adoption law is handled by state courts exclusively. d. Incorrect. If parties to a lawsuit are from the same state and the case involves state law, a federal court will not have jurisdiction.’

3. The federal court system does NOT consist of which of the following: a. The United States Supreme Court. b. The U.S. district courts. c. The U.S. Chamber of Commerce. d. The U.S. courts of appeals.

Answers:

a. Incorrect. The United States Supreme Court is the highest federal court. b. Incorrect. The U.S. district courts are the trial courts in the federal system. c. Correct. The U.S. Chamber of Commerce is a private organization, not a federal court. d. Incorrect. The U.S. courts of appeals are federal appellate courts.

4. In order to bring a case before the United States Supreme Court, the court must issue: a. a writ of habeas corpus. b. a writ of nolo contendere. c. a writ of certiorari. d. nothing. Cases are automatically accepted by the Supreme Court.

Answers:

a. Incorrect. The Supreme Court issues a writ of certiorari when it decides to hear a case on appeal. b. Incorrect. The Supreme Court issues a writ of certiorari when it decides to hear a case on appeal. c. Correct. This writ orders a lower court to send the record of its case to the higher court for review. d. Incorrect. In order to hear an appeal, the Supreme Court must issue a writ of certiorari.

5. The basic pleadings consist of: a. the deposition and the response. b. the complaint and the summons c. the summary judgment and the answer. d. the complaint and the answer.

Answers:

a. Incorrect. The deposition is not a part of the pleadings. b. Incorrect. A summons is a document informing the defendant that a lawsuit ha been filed against him or her; it is not a part of the pleadings. c. Incorrect. A motion for summary judgment is not a part of the pleadings. d. Correct. Taken together, the complaint and the answer are the basic pleadings.

6. Which of the following would NOT be a part of the complaint? a. Any affirmative defenses that can be raised. b. A statement of the facts necessary to show that the plaintiff is entitled to a remedy. c. A statement of the remedy or remedies that the plaintiff is seeking. d. A statement of facts explaining why the court can take jurisdiction.

Answers:

a. Correct. Affirmative defenses would not be a part of a complaint. b. Incorrect. A complaint should contain such a statement. c. Incorrect. A complaint must state which remedies are being sought. d. Incorrect. A complaint must explain why a court can take jurisdiction over the case.

7. Which document is issued in order to serve process on a defendant in a civil lawsuit? a. A motion to dismiss. b. A counterclaim. c. A summons. d. A writ.

Answers:

a. Incorrect. A motion to dismiss is not issued to serve process on someone. b. Incorrect. A counterclaim is not used to serve process on someone. c. Correct. A summons is issued notifying a defendant that he or she is being sued—this is called service of process. d. Incorrect. A writ is not used to serve process.

8. If, in response to a complaint, Lin denies that she is responsible for Martino’s harms, and further, that Martino actually caused harm to her, what is this called? a. A counterproduction. b. A counterclaim. c. A summary judgment. d. An interrogatory.

Answers:

a. Incorrect. This is not called a counterproduction. b. Correct. This is called a counterclaim. c. Incorrect. This is a counterclaim because it denies the original claim and states a new claim against the plaintiff. d. Incorrect. This is not an interrogatory.

9. Jill is suing Felix for breach of contract. Felix’s attorney calls Jill into her office to ask Jill questions under oath. This is known as: a. a writ of certiorari. b. an interrogatory. c. a deposition. d. a rebuttal.

Answers:

a. Incorrect. A writ of certiorari is a writ from a higher court asking a lower court for the record of a case. b. Incorrect. Interrogatories are written questions. c. Correct. This kind of examination is called a deposition. d. Incorrect. This is not called a rebuttal. e.

10. In which of the following situations will a motion for a new trial be granted? a. If the judge is convinced that the jury was in error but does not believe that it is appropriate to grant judgment for the other side. b. If the plaintiff’s lawyer did a poor job. c. If the rebuttal was inconsistent with a witness’s testimony. d. If the judge is convinced that the jury was correct but for reasons that differ from those given by the jury.

Answers:

a. Correct. If this is what the judge believes, he or she may grant a motion for a new trial. b. Incorrect. The judge cannot grant the motion for a new trial on this basis alone. c. Incorrect. This is not the proper basis for a motion for a new trial. d. Incorrect. A motion for a new trial will not be granted on this basis.