Ba 200 chapter 3 questions with 100% correct answers.docx, Exams of Biology

Download Ba 200 chapter 3 questions with 100% correct answers.docx and more Exams Biology in PDF only on Docsity! Ba 200 chapter 3 questions with 100% correct answers When a case is remanded, the lower court must conduct additional proceedings. T/F - answer T The party who appeals a decision is called an appellant. T/F - answer T In personam jurisdiction is the authority of a court over the subject matter of the case. T/F - answer T Federal district courts are courts of original jurisdiction. T/F - answer T There are 13 federal judicial circuits. T/F - answer T State supreme court decisions can be appealed to the U.S. Supreme Court. T/F - answer T Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried. T/F - answer T Regional reporters carry the opinions of state appellate and supreme court decisions. T/F - answer T Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases. T/F - answer T The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction. T/F - answer T All states have a general trial court of original jurisdiction. T/F - answer T True small claims courts do not permit lawyers to represent the parties in the proceedings. T/F - answer T If a plaintiff's home country provides an adequate remedy for a wrong, the case cannot be heard in the United States. T/F - answer T A reversible error is: a. any mistake made in a case. b. one that might have affected the outcome of a case. c. determined during a motion for summary judgment. d. none of the above - answer one that might have affected the outcome of a case. Case precedent a. always followed. b. followed if it is within the state. c. examined in each case and is always followed. d. part of the doctrine of stare decisis. e. none of the above: - answer part of the doctrine of stare decisis. When a case is remanded: a. it is affirmed. b. it is sent back to the trial court. c. it is completed. d. precedent is not being followed. - answer it is sent back to the trial court Dicta is the: a. rule of law in a case opinion. b. case cite. c. discussion of a decision. d. precedent in a case. e. none of the above. - answer discussion of a decision Precedent is not followed when: a. the facts of a case can be distinguished. b. a court believes that a change of law is socially or morally mandated. c. technology changes. d. all the above - answer All the above . An attorney: a. must reveal a client's confession of a crime. b. cannot represent a guilty party. c. must see that his/her client's rights are protected. d. can violate the law to protect a client. - answer must see that his/her client's rights are protected Which of the following names apply to the party who appeals the trial court decision? a. respondent b. appellant c. appellee d. none of the above - answer appellant . In personam jurisdiction: a. refers to jurisdiction over the parties in a case. b. can be based on the subject matter of the case. d. none of the above - answer at least one for every state A writ of certiorari: a. is issued for every case appealed to the U.S. Supreme Court. b. applies only to cases of original jurisdiction. c. is an order issuing a decision to hear a case. d. none of the above - answer is an order issuing a decision to hear a case. A small claims court: a. is a court where diversity cases are heard. b. is a court where no attorneys are used. c. is a general jurisdiction court. d. is part of the federal system. - answer is a court where no attorneys are used. Regional reporters: a. are for the federal system. b. include the opinions of state supreme courts. c. include the opinions of the U.S. Supreme Court. d. are the same as the federal reporters. - answer include the opinions of state supreme courts. Which of the following would not be a cite for a U.S. Supreme Court opinion? a. 411 U.S. 292 b. 93 S. Ct. 1011 c. 43 L.Ed 2d 33 d. 798 F.2d 1214 - answer 798 F.2d 1214 In the Pecoraro case, jurisdiction was: a. in South Dakota for the Diocese and Nebraska for the other parties. b. in South Dakota for all the parties. c. in South Dakota of all parties but the Diocese who could be sued in Nebraska. d. in Nebraska for all the parties. - answer in South Dakota for the Diocese and Nebraska for the other parties. In which of the following courts would a trial for violation of the Foreign Corrupt Practices Act be held? a. state trial court b. federal district court c. U.S. Supreme Court since the case involves foreign jurisdictions d. none of the above - answer federal district court The minimum amount required for a federal diversity suit is: a. $10,000. b. $50,000. c. $75,000. d. There is no minimum amount if there is diversity - answer $75,000. Which president nominated Sonia Sotomayor to the United States Supreme Court? a. Clinton b. Obama c. H.W. Bush d. G.W. Bush - answer Obama resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit: a. is properly brought in federal court in Vermont because the drivers were residents of different cities. b. is properly brought in Vermont's general trial court. c. is properly brought in U.S. Court of Claims since two U.S. citizens were involved. d. none of the above - answer is properly brought in Vermont's general trial court. In the citation 501 F.3d 29, the case can be found on what page? a. 501 b. 3 c. 29 d. There is not enough information given to answer the question - answer 29 Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed several of the suppliers' watch faces on his customers' watches. A strange chemical reaction between perspiration and the faces of the watches caused Ralph's customers to develop rashes and nausea, with some requiring hospitalization. Ralph wishes to bring suit to recover damages ($75,000) from the Escondido supplier. Which of the following statements is true? a. Ralph must bring suit in California to gain jurisdiction over the supplier. b. Ralph has a diversity action that can be brought in federal court. c. Ralph will not be able to bring suit in Arizona because there are no cont - answer Ralph has a diversity action that can be brought in federal court. Which of the following suits could be properly heard in federal district court? a. a suit between two contracting parties in one state over a UCC interpretation question b. a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington c. a suit challenging the constitutionality of a state's death penalty statute d. all of the above - answer a suit challenging the constitutionality of a state's death penalty statute Small claims courts are: a. federal specialty courts. b. also known as probate courts. c. also known as courts of claim. d. part of the state court system. - answer part of the state court system Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, d. none of the above - answer could be properly brought in federal district court. ValuJet, Inc. is an airline based in Florida. The airline flies from Florida locations to Atlanta to permit passengers to make connections to other airlines at that major hub. A ValuJet plane crashed just outside of Orlando, Florida, killing all 110 occupants aboard the flight. Among the 110 occupants was a family of 4 from Ohio, returning home from a Florida vacation. If the family's survivors wish to file suit against ValuJet, where would a court have jurisdiction over ValuJet? a. Ohio b. Florida c. Delaware d. none of the above - answer Florida Which of the following is not a court of limited jurisdiction? a. probate court b. small claims court c. federal district court d. All of the above are limited jurisdiction courts. - answer federal district court Stare decisis is a Latin term meaning: a. "equitable remedy". b. "let the decision stand". c. "private decision". d. "Congressional action". - answer "let the decision stand" During the criminal trial for former Governor Fife Symington of Arizona, an elderly member of the jury told the judge that she felt pressured by the other jurors to find him guilty. The judge removed the woman from the jury and Governor Symington was convicted. Which of the following describes the likely result if the governor appeals? a. There is no reversible error because jury deliberations are not part of the trial or evidence. b. There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror. c. Appellate courts cannot reverse on questions about jury deliberations. d. There can be no reversal of the case absent some error in testimony or jury instructions. e. none of the above - answer There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror In which system are bankruptcy courts located? a. Federal court system b. State court system c. State lesser court system d. Municipal courts e. none of the above - answer Federal court system Which of the following courts is not a court of original jurisdiction? a. U.S. Supreme Court a. when state courts do not agree on a decision in similar fact patterns. b. when circuit courts do not agree on a decision in similar fact patterns. c. in all cases. d. only on cases tried in federal court. - answer when circuit courts do not agree on a decision in similar fact patterns During the trial of Dennis Kozlowski, former CEO of Tyco, a juror's identity was revealed and her picture was printed in two newspapers with stories that depicted her as the holdout in the deliberations. The juror received a threat on her life. Requiring the juror to continue and deliberate in these circumstances: a. is reversible error. b. is standard procedure. c. is outlawed by in personam jurisdiction. d. none of the above - answer is reversible error Smitty's is a bait and tackle shop near Lake of the Ozarks, Missouri, owned by Red Smith. Smitty's has a website, www.smittys.com. Smitty's Bait Shop is located in the Adirondacks in New York, owned by Buzz Smith, who also runs a catalogue business. When Buzz tried to get the website, www.smittys.com, for use with his catalogue sales, he discovered Smitty's of Missouri. He filed suit in federal district court in New York for infringement. "Everyone will go to the site and think I don't have catalogue merchandise! I'll lose business." Red says, "I'm in Missouri. How could anyone be confused? And, I don't sell by catalogue or the Internet. And, I'm not going to New York to defend a pointless lawsuit." a. Red is correct, New York has no jurisdiction over him. b. Buzz is correct. Red's Internet site subjects him to New York jurisdiction. c. Neither is correct, the case belongs in state court. d. none of the above - answer Red is correct, New York has no jurisdiction over him Xcruise.com is an Internet company that sells discount cruises over the Internet to customers throughout the United States. Xcruise.com has one office, located in Fargo, North Dakota. All of Xcruise.com's employees, equipment and boats are located in either Miami or Libya. The Bottonskis, residents of Virginia, bought two first-class tickets on Xcruise.com's Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner buffet. What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover her $123,000 in medical bills? a. Virginia federal district court b. no court in the U.S.; Libya has jurisdiction c. state court only in North Dakota d. federal district court in North Dakota or Florida - answer federal district court in North Dakota or Florida . An appeal of an IRS decision against you on your tax return would be heard in: a. state court. b. the nature of the controversy c. the amount of the controversy d. all of the above are issues in subject matter jurisdiction - answer all of the above are issues in subject matter jurisdiction A traffic court: a. is a court of federal jurisdiction. b. is a court of limited jurisdiction. c. is an appellate court from small claims. d. both a and b - answer is a court of limited jurisdiction. Which is not part of the National Reporter System? a. Federal Supplement b. Pacific Reporter c. State supreme court decisions d. both a and c - answer Federal Supplement A lawyer who knows that his client is guilty of a breach of contract: a. must disclose the information to the court. b. commits an ethical violation by representing the client. c. must keep that information confidential. d. both a and b - answer must keep that information confidential.