Ch3 Full Test Bank The Judicial Process and Cyber-procedure

Business Law with UCC Applications, 15e (Sukys)

Chapter 3 The Judicial Process and Cyber-procedure

1) A predicate offense is generally one that provides the resources needed to commit the offenses outlined in the statute.

Difficulty: 1 Easy

Topic: The Court System

Learning Objective: 03-01 Explain the fundamental nature of the American courts.

Bloom's: Remember

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

2) A state court that has the power to hear immigration cases is a court of special jurisdiction under the U.S. Constitution.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

3) A federal question can only involve a treaty.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

4) Appellate courts use the abuse of discretion standard to determine whether a judge in the lower court has, in some way, misused his or her authority.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

5) Plenary review jurisdiction in federal court can only arise in cases of diversity, even though there is no federal law is involved.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

6) The U.S. federal court system is divided into 13 circuits.

Difficulty: 1 Easy

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Remember

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

7) In federal subject matter jurisdiction cases, the plaintiff must allege at least $75,000 in damages.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

8) The text of the U.S. Constitution gives the Supreme Court appellate jurisdiction in a case in which a state is a party.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-03 Recognize those cases that can be heard by the U.S. Supreme Court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

9) State trial courts are known as limited jurisdiction courts.

Difficulty: 1 Easy

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Remember

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

10) In the Nicastro v. McIntyre (2010) case, the New Jersey Supreme Court applied the principle of diversity of citizenship to determine liability of the defendant.

Difficulty: 3 Hard

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

11) The decisions of state supreme courts are final unless a federal issue or a constitutional right is involved.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

12) A plaintiff is a person who answers a lawsuit by filing a demurrer in a trial court of general jurisdiction.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

13) A complaint is served by the plaintiff directly on the defendant. This is called service of process.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

14) A demurrer is a plaintiff's response asking a court to dismiss the defendant's answer because she has failed to state a claim upon which relief can be granted.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

15) The defendant's answer may state an affirmative defense, such as assumption of the risk.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

16) Having been called for jury selection, Lawrence discovered that the defendant in the trial is the brother of his stockbroker. The lawyers may not refuse to impanel Lawrence because to do so would subject the court to a civil rights lawsuit.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Analyze

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

17) Jury instructions contain the judge's opinion of the evidence presented.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

18) If Joe sues Marie as the result of a contract dispute, Marie can request that Joe undergo a physical examination.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-06 List the most common discovery techniques.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

19) Cyber-jurisdiction is the power of the court to have personal jurisdiction over any type of case based on the stream of commerce standard.

Difficulty: 3 Hard

Topic: Cyber-procedure

Learning Objective: 03-08 Determine the extent of cyber-jurisdiction.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

20) Formal criminal charges may be brought against a defendant in state court without a grand jury being involved.

Difficulty: 2 Medium

Topic: Criminal Procedure

Learning Objective: 03-10 Describe the steps in a criminal prosecution.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

21) Joe, a resident of Ohio, and Maria, a resident of New Mexico, have an auto accident in New Mexico and the damages are $35,000. Based on this information, a federal court:

A) would not intervene because Ohio and New Mexico have different laws regarding this type of accident.

B) would intervene because there is a federal question concerning whether an auto title was involved.

C) would not have jurisdiction over this case because the amount in controversy is less than $75,000.

D) would have jurisdiction over this case because the amount in controversy is over $15,000.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

22) The U.S. Court of Appeals for the Federal Circuit was established by Congress primarily to:

A) hear appeals on questions of law from the lower courts.

B) streamline and unify patent law.

C) decide on the details involved in bringing a case to trial.

D) simplify issues and avoid unnecessary arguments and surprises in the subsequent trial.

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

23) The United States Supreme Court does not have original jurisdiction in which of the following cases?

A) Cases in which an ambassador is a party

B) Cases appealed from state supreme courts

C) Cases in which public ministers and consuls are parties

D) Cases in which a state is a party

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-03 Recognize those cases that can be heard by the U.S. Supreme Court.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

24) Courts with the power to hear any type of case are courts with ________ jurisdiction.

A) unlimited

B) special

C) general

D) subject matter

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

25) Probate courts and courts of claims are examples of courts with ________ jurisdiction.

A) special

B) subject matter

C) personal

D) general

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

26) Gordon Gibbs accidentally grated his plow along his neighbor's driveway, ruining the driveway. The neighbor wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will most likely be heard by ________ court.

A) a federal

B) the state supreme

C) a family

D) a small-claims

Difficulty: 2 Medium

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

27) When a party (the movant) files a motion for ________, the movant is telling the court that no ________ exists, and that the movant is entitled by law to ________.

A) discovery; further discovery; a verdict in his favor

B) a counter claim; genuine issue of material fact; a favorable judgment

C) summary judgment; genuine issue of material fact; a favorable judgment

D) an affirmative defense; further testimony; dismiss the other party's case

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

28) ________ occurs when a plaintiff searches for a(n) ________ with law that is favorable to its case, and then files the case.

A) Forum shopping; affirmative action jurisdiction

B) Demurrer; jurisdiction

C) Forum shopping; class action lawsuit

D) Forum shopping; jurisdiction

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

29) A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue the credit card company but should attempt to:

A) approach the legislature for special suit legislation.

B) approach the U.S. Supreme Court to grant original jurisdiction.

C) bring a petition to the Congress signed by the cardholders.

D) bring a class action suit.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

30) Cross-examination of the prosecution's witness is usually conducted by the ________ during the ________.

A) defense attorney, prosecution's case in chief.

B) defense attorney; voir dire

C) judge; plaintiff's case in chief

D) defense attorney; closing statements

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

31) Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note. Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court, then Joe's answer should contain a:

A) counterclaim against Acme.

B) cross-claim against Acme.

C) third-party complaint against Acme.

D) new lawsuit against Acme.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

32) During the ________ of the jury, ________ the right to ask questions to determine who will allowed to sit on the jury.

A) discovery; only the judge has

B) voir dire; both parties have

C) discovery; either party has

D) voir dire; only the plaintiff has

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

33) An equitable remedy may be available in all of the following cases except:

A) specific performance.

B) damages.

C) an injunction.

D) a restraining order.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

34) Attorney Jose wants to personally question Ellen, a witness, about her observation of an auto accident in advance of a trial concerning the accident. Jose should:

A) send Ellen interrogatories.

B) take Ellen's deposition.

C) ask Ellen to produce tangible evidence.

D) issue a summons for Ellen to appear in court in advance of the trial.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-06 List the most common discovery techniques.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

35) Interrogatories:

A) are made to secure a statement from a party that a particular fact is true.

B) ask a party to undergo a physical or a mental examination.

C) are written questions that must be answered in writing, under oath, by the opposite party.

D) ask a party to produce documents, records, accounts, photographs, or other tangible evidence.

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-06 List the most common discovery techniques.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

36) Ignacio wins a monetary judgment at trial, but is denied an award of attorney's fees. The losing party, Salazar, acts to challenge the adverse trial court decision before an appellate court. Ignacio also wants to appeal the denial of attorney's fees. Ignacio should file a:

A) cross-claim.

B) motion for summary judgment.

C) cross-appeal.

D) counterclaim.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-07 Detail the nature of an appeal.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

37) Courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law using the ________ standard.

A) plenary review

B) clearly erroneous

C) abuse of discretion

D) de novo review

Difficulty: 2 Medium

Topic: Civil Procedure

Learning Objective: 03-07 Detail the nature of an appeal.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

38) ________ is the power of the court to hear a case based on Internet-related transactions.

A) Science jurisdiction

B) General jurisdiction

C) Cyber-jurisdiction

D) Subject matter jurisdiction

Difficulty: 2 Medium

Topic: Cyber-procedure

Learning Objective: 03-08 Determine the extent of cyber-jurisdiction.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

39) The Federal Rules of Civil Procedure now refer to computerized evidence as:

A) electronic lockbox.

B) electronic data interchange.

C) e-commerce.

D) electronically stored information.

Difficulty: 2 Medium

Topic: Cyber-procedure

Learning Objective: 03-09 Explain the nature of electronically stored information (ESI).

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

40) During a(n) ________, the defendant is formally charged with a crime and can either plead guilty or not guilty.

A) indictment

B) preliminary hearing

C) arraignment

D) initial appearance

Difficulty: 2 Medium

Topic: Criminal Procedure

Learning Objective: 03-10 Describe the steps in a criminal prosecution.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

41) Jill, a resident of Iowa, suffers $20,000 in damages when a BIG Corp. truck hits her parked car in Illinois, where Jill is visiting her aunt. BIG Corp. is incorporated in Delaware. In what court may her suit be filed?

Difficulty: 3 Hard

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

42) Hundreds of residents of Rosewood County in Pennsylvania have filed a lawsuit in state court against Thompson Brothers, a New York-based homebuilder, concerning the completion of Thompson's newly-built apartment facility. Fearing the hostility of a Pennsylvanian jury, Thompson is considering removing the case to federal court. Discuss.

Difficulty: 3 Hard

Topic: The Court System

Learning Objective: 03-02 Determine when a case can be brought in federal court.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

43) Joe wants to sue directly in his state's Supreme Court (a state in which the Supreme Court is the highest court), since his suit involves a question of genetic testing that has never been heard by a trial court of general jurisdiction in Joe's state. Can Joe sue directly in his state's Supreme Court? Explain.

Difficulty: 3 Hard

Topic: The Court System

Learning Objective: 03-04 Identify the structure of most state court systems.

Bloom's: Apply

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

44) Samantha sues Acme Chemical Co. in a federal court for injuries caused five years ago by the application of a residential pesticide produced by Acme. The state statute of limitations (time to bring lawsuits) in Samantha's state is three years. Samantha wants the federal court to apply a longer four-year federal statute of limitations. How will the federal court resolve this question?

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

45) Sue wants to sell products on the Internet, but is concerned that she might be sued in a distant state by a dissatisfied customer. How might Sue best design a website to avoid this possibility?

Difficulty: 3 Hard

Topic: Cyber-procedure

Learning Objective: 03-08 Determine the extent of cyber-jurisdiction.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

46) Each month for the past three years, Carol has been overcharged 50 cents by ABC Cell Phone Corporation. She has good reason to believe that tens of thousands of other individuals have also been defrauded of 50 cents each. Carol wants to sue, but the expense of bringing a lawsuit for 50 cents is too great. What can Carol do to obtain a judicial hearing of her complaint?

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

47) Marilyn is a contractor-computer programmer who works for SIM Co. in its principal place of business in New Jersey. Marilyn designs a corporate information system (CIS) for Matrix Corp., a SIM Co. client, which has its offices in New York City. Unfortunately, the CIS crashes before Marilyn is paid for her work and all of Matrix's records are lost, requiring Matrix to spend $300,000 to reconstruct the system. Matrix sues SIM Co. for breach of contract. Marilyn believes that the crash was not caused by her CIS and that she should be paid by SIM Co. Discuss the options Marilyn and SIM Co. have in responding to the suit.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

48) Sheena was flying New York Airlines to Florida via a stop in Richmond, Virginia. However, the flight was delayed by ten hours at the Richmond airport and later cancelled, with no refund or alternate flights for the passengers. As a result, Sheena was forced to breach a $100,000 contract with a Florida client. Sheena files a lawsuit against New York Airlines and the Richmond airport for causing inconvenience during transit and for monetary loss. In response to her lawsuit, New York Airlines acknowledges the inconvenience caused but cross-claimed that the Richmond airport did not allow the connecting flight to land, hence the cancellation. Richmond defended the cancellation based on extreme weather conditions. Analyze the situation.

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-05 Define civil litigation.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

49) Nick sues Bradford & Co., alleging employment discrimination. Nick believes Bradford & Co.'s e-mail will reveal evidence of discriminatory attitudes and actions by its management. Nick sends a letter to Bradford & Co., requesting copies of e-mail messages for the last six months, but receives no answer. What should Nick do?

Difficulty: 3 Hard

Topic: Civil Procedure

Learning Objective: 03-06 List the most common discovery techniques.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

50) Ashley is accused of forgery and is arrested by the city police. She is being compelled to testify, which she refuses to do. At the trial, she asserts her innocence and informs the jury that she was not informed of her rights by the officers at the time of her arrest, and was compelled to testify. She wants the jury to be instructed about the rights of a criminal defendant and the degree of proof required of both the prosecution and the defendant (her) in this case. Discuss the case.

Difficulty: 3 Hard

Topic: Criminal Procedure

Learning Objective: 03-10 Describe the steps in a criminal prosecution.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation