Jurisdiction and Courts Review Questions, Exams of Social Sciences

A comprehensive set of review questions and answers covering key concepts related to jurisdiction and courts. It includes definitions and explanations of various types of jurisdiction, such as in personam and subject-matter jurisdiction, as well as the roles of trial and appellate courts. The material is designed to help students understand the structure and function of the legal system, including the powers and limitations of different courts. It also covers important legal concepts such as standing, case or controversy, and ripeness, which are essential for understanding how cases proceed through the court system. This review is useful for law students and anyone studying the fundamentals of the american legal system.

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2024/2025

Available from 09/06/2025

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LENB 3135 TEST 2 REVIEW QUESTIONS
Jurisdiction - Answer -Courts' power to hear cases and render decisions that bind the
parties before them.
Trial courts or courts of original jurisdiction - Answer -Most civil or criminal cases start
here when they first enter the legal system.
- Parties present evidence and call witnesses to testify
- In most states, these courts are called courts of common pleas or county courts
What are trial courts called in the federal system? - Answer -Federal district courts
Courts of appellate jurisdiction or appellate courts - Answer -Higher courts, usually
consisting of more than one judge, that have the power to review previous judicial
decisions to determine whether trial courts erred in their decisions.
Do appellate courts hold trials? - Answer -No
What do appellate judges do? - Answer -Review transcripts of trial court proceedings
and occasionally consider additional oral and written arguments from each party
What is a question of law? - Answer -An issue concerning the interpretation or
application of a law
What is a question of fact? - Answer -A question about an event or characteristic in a
case
Who answers questions of fact depends on the __________. - Answer -trier of fact
What is the general rule regarding appellate courts and questions of fact? - Answer -
Appellate courts handle only questions of law, not questions of fact.
What is the exception to the general rule that appellate courts cannot handle questions
of fact? - Answer -If the jury got it REALLY wrong (This rarely ever happens)
Only judges can decide questions of law. (T/F) - Answer -True
Who determines questions of fact? - Answer -Trial courts
Juries can sometimes answer questions of law. (T/F) - Answer -False; Juries can
NEVER answer questions of law (only questions of fact)
Who decides questions of fact in a bench trial (a trial with no jury)? - Answer -The judge
Who decides questions of fact in a jury trial? - Answer -The jury
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LENB 3135 TEST 2 REVIEW QUESTIONS

Jurisdiction - Answer - Courts' power to hear cases and render decisions that bind the parties before them. Trial courts or courts of original jurisdiction - Answer - Most civil or criminal cases start here when they first enter the legal system.

  • Parties present evidence and call witnesses to testify
  • In most states, these courts are called courts of common pleas or county courts What are trial courts called in the federal system? - Answer - Federal district courts Courts of appellate jurisdiction or appellate courts - Answer - Higher courts, usually consisting of more than one judge, that have the power to review previous judicial decisions to determine whether trial courts erred in their decisions. Do appellate courts hold trials? - Answer - No What do appellate judges do? - Answer - Review transcripts of trial court proceedings and occasionally consider additional oral and written arguments from each party What is a question of law? - Answer - An issue concerning the interpretation or application of a law What is a question of fact? - Answer - A question about an event or characteristic in a case Who answers questions of fact depends on the __________. - Answer - trier of fact What is the general rule regarding appellate courts and questions of fact? - Answer - Appellate courts handle only questions of law, not questions of fact. What is the exception to the general rule that appellate courts cannot handle questions of fact? - Answer - If the jury got it REALLY wrong (This rarely ever happens) Only judges can decide questions of law. (T/F) - Answer - True Who determines questions of fact? - Answer - Trial courts Juries can sometimes answer questions of law. (T/F) - Answer - False; Juries can NEVER answer questions of law (only questions of fact) Who decides questions of fact in a bench trial (a trial with no jury)? - Answer - The judge Who decides questions of fact in a jury trial? - Answer - The jury

When can appellate courts overrule trial courts' decisions on questions of fact? - Answer - Only when the trial court's finding was clearly erroneous or when no trial evidence supports the trial court's finding In personam jurisdiction - Answer - "Jurisdiction over the person" What must a court have for decisions to be binding? - Answer - In personam jurisdiction What is in personam jurisdiction? - Answer - A court's power to render a decision affecting the rights of the specific persons before the court Where does a court's in personam jurisdiction usually extend to in the state court system? - Answer - The state's borders Where does each court's in personam jurisdiction extend across in the federal system? - Answer - Its geographic district When does a court acquire in personam jurisdiction over the plaintiff? - Answer - When he or she files a lawsuit with the court When does the court acquire jurisdiction over the person the plaintiff is suing (the defendant)? - Answer - When it gives him or her a copy of the complaint and a summons Complaint - Answer - A formal written document that begins a civil lawsuit; It contains the plaintiff's list of allegations against the defendant along with the damages the plaintiff seeks. Summons - Answer - A court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint Who do you hand a copy of the complaint and summons to for a corporation? - Answer

  • The corporation's registered agent Corporations are subject to in personam jurisdiction in three locations. What are they? - Answer - 1) The state of their incorporation
  1. The location of their main offices
  2. The geographic areas in which they conduct business What do long-arm statutes do? - Answer - They give state courts the power to serve out-of-state defendants as long as those defendants have sufficient minimum contacts within the state, such as committing a tort or doing business in the state. Courts typically only have personal jurisdiction over people within their states. (T/F) - Answer - True

Most cases fall under federal court jurisdiction. (T/F) - Answer - False; Most cases fall under state court jurisdiction What does concurrent federal jurisdiction mean? - Answer - Both state and federal courts have jurisdiction over a case Concurrent jurisdiction covers which two types of cases? - Answer - Federal-question and diversity-of-citizenship cases Federal-question cases - Answer - Require an interpretation of the U.S. Constitution, a federal statute, or a federal treaty What are the two conditions a diversity-of-citizenship case must satisfy? - Answer - 1) The plaintiff(s) does (do) not reside in the same state as the defendant(s)

  1. The controversy concerns an amount in excess of $75, For purposes of satisfying the first condition of a diversity-of-citizenship case, a business may reside in two states. What are they? - Answer - The state of its incorporation and the state of its principal place of business. Which Supreme Court case clarified how courts should determine a corporation's principal place of business? What was the outcome of this case? - Answer - Hertz Corporation v. Friend; The Supreme Court decided, for purposes of federal-court diversity jurisdiction, that a corporation's principal place of business refers to the place, often called the nerve center, from which the corporation's high-level officers direct, control, and coordinate the corporation's activities. When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of removal. What does this mean? - Answer - The defendant is entitled to transfer the case to federal court. Once a case is in the proper court system __________ determines which trial court in the system will hear the case. - Answer - venue What is venue based on? - Answer - Geographic location that each state's statutes determine Depending on the kind of case, a party may be able to appeal the decision of a state supreme court to the U.S. Supreme Court. (T/F) - Answer - True How many districts does the United States have? - Answer - 94; each district has at least one trial court of general jurisdiction Before a case makes it to court, it must meet three threshold requirements. These requirements ensure that courts hear only cases that genuinely require adjudication. What are they? - Answer - 1) Standing
  1. Case or controversy
  2. Ripeness Standing - Answer - The legal right of a party or an individual to bring an action in court What must be true for a person to have standing? - Answer - The outcome of a case must personally affect him or her What are the requirements for standing according to the 2000 U.S. Supreme Court case Friends of the Earth v. Laidlaw Environmental Services? - Answer - 1) The plaintiff must have an injury in fact that is concrete and actual or imminent
  3. The injury must be fairly traceable to the challenged action of the defendant
  4. It must be likely that the injury will be redressed by a favorable decision What does the case-or-controversy (or justifiable controversy) requirement ensure? - Answer - That courts do not render advisory opinions List the three criteria that are necessary for a case or controversy to exist. - Answer - 1) The relationship between the plaintiff and the defendant must be adverse
  5. Actual or threatened actions of at least one of the parties must give rise to an actual legal dispute
  6. Courts must have the ability to render a decision that will resolve the dispute ** Courts can give final judgements that solve existing problems; they cannot provide rulings about hypothetical situations. A case is ripe if __________. - Answer - a judge's decision is capable of affecting the parties immediately If a claim rests on contingent future events that may not occur as anticipated or may not occur at all it is __________. - Answer - not ripe for litigation Ripeness - Answer - The readiness of a case for a decision to be made. The goal is to prevent premature litigation for a dispute that is insufficiently developed. What are the different ways a defendant can respond to the complaint in his or her answer? - Answer - The defendant:
  • Denies
  • Affirms
  • Claims no knowledge of the accuracy of the plaintiff's allegations Affirmative defense - Answer - The defendant might say "Yeah I did it but I had a valid reason" Motion - Answer - A request by a party for the court to do something

What is a prejudicial error? - Answer - A mistake so significant that it likely affected the outcome of the case Why do appealing parties (appellants) file briefs? - Answer - To explain why the judgement in the lower court was erroneous and why the appeals court should reverse it What are the four possible decisions an appellate court can render? - Answer - 1) The court can accept the lower court's judgement by affirming the decision.

  1. The court may conclude that the lower court's decision was correct but the remedy was inappropriate, in which case it modifies the remedy.
  2. It can reverse the lower court's decision.
  3. If the court thinks the lower court committed an error but does not know how that error affected the outcome of the case, it remands the case to the lower court for a new trial. If you want to win on an appeal, you have to convince how many appellate court judges? - Answer - 2/ What do majority opinions written by appeals courts become? - Answer - Common law If an appellate court judge agrees with the majority's decision but for different reasons, he or she may write a __________. - Answer - concurring opinion Appellate court judges disagreeing with the majority may write a __________. - Answer
  • dissenting opinion Can state courts hear cases that deal with federal statutes? - Answer - Yes because of concurrent authority Supreme courts usually try to avoid "weighing in on" a state court's interpretation of a federal statute. (T/F) - Answer - False The U.S. Supreme Court will likely want to hear a case in which various circuit courts of appeal have differing opinions on. (T/F) - Answer - True To file an appeal to the U.S. Supreme Court, a party files a petition asking the Court to issue what? - Answer - A writ of certiorari What is ADR (Alternative Dispute Resolution)? - Answer - The resolution of legal problems through methods other than litigation What are some reasons a business prefers ADR to litigation? - Answer -- ADR methods are generally faster and cheaper
  • A business may want to avoid the uncertainty associated with a jury decision; The parties can select a neutral third party who has expertise in the area of the dispute to help facilitate resolution of the case.
  • A business may want to avoid setting a precedent through a court decision (Ex: McDonald's hot coffee case)
  • It's confidential
  • Less adversarial (You and the other party can "remain friends") The U.S. Supreme Court will grant serve as long as how many justices want to hear the case? - Answer - 4 What does it mean to be an at-will employee? - Answer - It means your employer can fire you for any reason or no reason at any time without any notice. It also means you, as the employee, can quit at any time without a reason and without notice. If you are working under a contract are you an at-will employee? - Answer - No Union members are at-will employees. (T/F) - Answer - False What does Title VII of the CRA deal with? - Answer - Discrimination in employment