Thursday, November 7, 2019

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?

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. 
The defendant has a right to move the case to federal court.

B. 
The defendant can have the case moved to federal court only if federal jurisdiction question is involved.

C. 
The defendant can have the case moved to federal court only if the state trial court judge grants permission in his or her discretion.

D. 
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.

E. 
The defendant has no choice, and the case will stay in state court.


Which of the following is typically an appropriate venue in a lawsuit? 
A. 
Only the trial court where the defendant resides.

B. 
Only the trial court where the plaintiff resides.

C. 
Only the location where the dispute occurred if the lawsuit focuses on a particular incident.

D. 
Both the trial court where the defendant resides and the trial court where the plaintiff resides.

E. 
The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.


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. 
In personam jurisdiction

B. 
Venue

C. 
Subject-matter jurisdiction

D. 
Diversity jurisdiction

E. 
Long-arm jurisdiction


What are the trial courts in the federal court system called? 
A. 
U.S. district courts

B. 
U.S. circuit courts

C. 
Federal circuit courts

D. 
Federal jurisdictional courts

E. 
Preemptory courts


How many circuits does the U.S. Court of Appeals have? 
A. 
6

B. 
50

C. 
12

D. 
10

E. 
13


Assuming there are no vacancies, how many U.S. Supreme Court justices are there? 
A. 
9

B. 
5

C. 
15

D. 
8

E. 
7


Which of the following is true regarding the court system in the Republic of China (Taiwan)? 
A. 
It is identical to the court system in the U.S.

B. 
For civil and criminal cases, and for cases interpreting the country's constitution, the Supreme Court is the court of last resort.

C. 
All cases go directly from the trial court to the Supreme Court, and there is no intermediate appellate court system.

D. 
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.

E. 
Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan.


Which of the following is true regarding trials in Japan? 
A. 
The Japanese trial system has juries that function similar to juries in America.

B. 
The discovery process in the Japanese court system is much simpler than that in America.

C. 
Trial involves a series of discrete meetings between the parties and the judge.

D. 
Known evidence must be automatically exchanged without request or order of the court.

E. 
Only civil penalties may be imposed in civil cases for parties violating judicial orders.


Will an appellate court hear Jim's case? 
A. 
Yes, so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first.

B. 
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.

C. 
Yes, but only if Jim files his case in state court as opposed to federal court.

D. 
Yes, but Jim is not entitled to a jury.

E. 
No, because Jim is required to first file the case in the appropriate trial court.

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