Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?
A.
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The defendant has a right to move the case to federal court.
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B.
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The defendant can have the case moved to federal court only if federal jurisdiction question is involved.
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C.
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The defendant can have the case moved to federal court only if the state trial court judge grants permission in his or her discretion.
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D.
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The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state court are paid by the defendant.
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E.
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The defendant has no choice, and the case will stay in state court.
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Which of the following is typically an appropriate venue in a lawsuit?
A.
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Only the trial court where the defendant resides.
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B.
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Only the trial court where the plaintiff resides.
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C.
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Only the location where the dispute occurred if the lawsuit focuses on a particular incident.
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D.
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Both the trial court where the defendant resides and the trial court where the plaintiff resides.
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E.
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The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.
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Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?
A.
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In personam jurisdiction
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B.
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Venue
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C.
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Subject-matter jurisdiction
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D.
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Diversity jurisdiction
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E.
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Long-arm jurisdiction
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What are the trial courts in the federal court system called?
A.
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U.S. district courts
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B.
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U.S. circuit courts
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C.
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Federal circuit courts
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D.
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Federal jurisdictional courts
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E.
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Preemptory courts
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How many circuits does the U.S. Court of Appeals have?
A.
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6
|
B.
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50
|
C.
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12
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D.
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10
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E.
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13
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Assuming there are no vacancies, how many U.S. Supreme Court justices are there?
A.
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9
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B.
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5
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C.
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15
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D.
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8
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E.
|
7
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Which of the following is true regarding the court system in the Republic of China (Taiwan)?
A.
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It is identical to the court system in the U.S.
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B.
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For civil and criminal cases, and for cases interpreting the country's constitution, the Supreme Court is the court of last resort.
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C.
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All cases go directly from the trial court to the Supreme Court, and there is no intermediate appellate court system.
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D.
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While constitutional issues are heard by the country's Supreme Court, regular civil and criminal cases are heard by the Court of the Judicial Yuan.
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E.
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Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.
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Which of the following is true regarding trials in Japan?
A.
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The Japanese trial system has juries that function similar to juries in America.
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B.
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The discovery process in the Japanese court system is much simpler than that in America.
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C.
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Trial involves a series of discrete meetings between the parties and the judge.
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D.
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Known evidence must be automatically exchanged without request or order of the court.
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E.
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Only civil penalties may be imposed in civil cases for parties violating judicial orders.
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Will an appellate court hear Jim's case?
A.
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Yes, so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.
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B.
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Yes, but only if Jim can prove that he would have had to wait at least a year for a trial at the trial court level.
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C.
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Yes, but only if Jim files his case in state court as opposed to federal court.
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D.
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Yes, but Jim is not entitled to a jury.
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E.
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No, because Jim is required to first file the case in the appropriate trial court.
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