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BLTE-10e Practice Quiz

CHAPTER 3:

COURTS AND ALTERNATIVE DISPUTE RESOLUTION

1. THE DOCTRINE OF JUDICIAL REVIEW ALLOWS:

a. the executive branch to revoke court decisions.

b. the judiciary to decide whether laws or actions of the other branches of government are constitutional.

c. the judiciary to write laws when Congress is unable or unwilling to do so.

d. Congress to remove federal judges when their decisions do not follow public policy.

ANS:

a. Incorrect. The executive branch has no power to revoke judicial decisions.

b. Correct. Courts decide if the executive and legislative branches act within the scope of their constitutional authority.

c. Incorrect. The judiciary does not write law; it interprets law.

d. Incorrect. Judicial review refers to actions taken by the judiciary, not to actions taken against the judiciary.

2. 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.

ANS:

a. Correct. The court must have both personal and subject matter jurisdiction before it can hear a case.

b. Incorrect. A court must also have jurisdiction over the subject matter of the dispute and, if property is at issue, over the

c. property.

d. Incorrect. A court must also have jurisdiction over the subject matter of the dispute.

e. Incorrect. A court needs more than subject matter jurisdiction to hear a case.

3. Courts may have either general or ______________ jurisdiction.

a. complimentary

b. regulatory

c. perfunctory

d. limited

ANS:

a. Incorrect. A court's jurisdiction is either general or limited.

b. Incorrect. Administrative agencies, not courts, would have regulatory powers.

c. Incorrect. There is no category of "perfunctory" jurisdiction.

d. Correct. Courts of limited jurisdiction include probate courts (in state court systems) and bankruptcy courts (in the federal court system).

4. 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.

ANS:

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.

5. The pleadings consist of:

a. the deposition and the response.

b. the complaint and the request for documents.

c. the summary judgment and the answer.

d. the complaint and the answer.

ANS:

a. Incorrect. A deposition is not a part of the pleadings.

b. Incorrect. A request for documents 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. The process of obtaining information from an opposing party prior to going to trial is known as:

a. excavation.

b. discovery.

c. internment.

d. service of process

ANS:

a. Incorrect. This is not what the process is called, although attorneys typically unearth some interesting material.

b. Correct. This process is called discovery.

c. Incorrect. This process is not called discovery, not internment.

d. Incorrect. This process is known as discovery.

7. After a trial, if a lawyer asks the judge to set aside the jury's verdict and rule in favor of her client instead, the lawyer would be asking for:

a. a summary judgment.

b. a motion for a directed verdict.

c. a writ of certiorari.

d. a judgment notwithstanding the verdict.

ANS:

a. Incorrect. This judgment is made before the trial if there are no questions of fact, only questions of law, at issue.

b. Incorrect. A motion for directed verdict is made at the end of the plaintiff’s case, not at the end of the trial.

c. Incorrect. This writ is issued by a higher court when it wants a lower court to send its records to the higher court.

d. Correct. This judgment would be sought by a party’s lawyer after the trial has ended.

8. Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:

a. mediation.

b. negotiation.

c. a summary jury trial.

d. arbitration.

ANS:

a. Incorrect. Mediation involves a neutral third-party known as a mediator.

b. Correct. When parties attempt to resolve disputes without the help of a third party, as Joe and Krista are, this is known as negotiation.

c. Incorrect. A summary jury trial occurs after a lawsuit has been initiated. In an SJT, the jury is, in effect, the third party in the sense that it renders a (nonbonding) verdict on the disputed issue.

d. Incorrect. Arbitration always involves a neutral third party, called the arbitrator.

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