B Courts Quiz Questions

1. Which of the following courts is most likely to be a court

of original jurisdiction?

a. a district court

b. an appellate court

c. the Supreme Court

d. a circuit court

2. Einstein, a resident of Kentucky, holds a patent for

super conductive, ah, stuff of some kind. (Hey, I'm a

lawyer, not an engineer.) Bill, another resident of

Kentucky, has recently started manufacturing the product

Einstein holds a patent for. Einstein wishes to sue Bill for

$1,000,000,000,000 in a Kentucky state court. Can he?

a. yes, because he is a citizen of Kentucky

b. yes, because patent law is state law

c. no, because there is no diversity of citizenship

d. no, because the federal courts will have exclusive

jurisdiction

3. Which of the following factors are likely to be

considered when selecting venue?

a. geographic area in which the incident occurred

b. pretrial publicity

c. both A and B

d. none of the above

4. As between state and federal courts, it is true that state

courts are ____ federal courts.

a. superior to

b. inferior to

c. dependent upon

d. independent of

5. Congress wants to pass a law prohibiting various forms

of pornography on the Internet. What entity will have the

final say as to the constitutionality of such a law?

a. congress

b. the president

c. the Supreme Court

d. voters

6. Timothy is convicted of murder. Which of the following

may he appeal to a higher court?

a. points of law

b. points of fact

c. both A and B

d. none of the above, because murder convictions are final

7. What is the smallest number of United States district

courts that exist in any state?

a. 0

b. 1

c. 2

d. 5

8. Jerry sues Jimmy in an Arizona state court over a

broken contract which is governed by Arizona law. Jerry

wins, and eventually the Arizona Supreme Court upholds

his jury award of $2,500,000. Jimmy wished to appeal to

the United States Supreme Court. Will he have any chance

to do so?

a. yes, because over $1,000,000 is involved

b. yes, he may always appeal to the U.S. Supreme Court

c. no, because the trial was held in a state court, and

therefore can no longer be removed to the federal court

system

d. no, because the Arizona courts will have the final say on

this matter

9. Zondak, Inc., sells UFO spotting equipment nationwide.

Their plants and offices are all in Maine. Fran Fanatic

orders a telescope from Zondak through the mail. The

telescope does not come with a warranty. While looking

through it one night, the lens shatters, and Fran's eye is

injured. Will Fran be able to sue Zondak in a Texas court?

a. no, because Zondak does not have a physical presence in

Texas

b. no, because the telescope did not have a warranty

c. yes, because a defendant is always forced to stand trial in

a plaintiff's home state

d. yes, because Zondak placed its goods into the stream of

commerce

10. Donald and Ivana both live in Oregon. Donald wants to

divorce Ivana as soon as possible. All courts in his state

have full dockets, and will not be able to hear Donald's

case for at least six months. Donald has learned, however,

that there is a probate court in his state which has an

empty docket and virtually no waiting. Will he be able to

bring his divorce case to a probate court?

a. yes, because both parties live in Oregon

b. yes, because the court will have in rem jurisdiction

c. yes, because it has an empty docket

d. no

11. Cletus lives in Alabama. Roscoe lives 10 miles away in

Mississippi. Cletus breaches a contract with Roscoe in

which Cletus was to deliver $50,000 worth of pork rinds to

Roscoe. Roscoe wants to sue in a federal court. Will he be

able to do so?

a. yes, because a federal question is involved

b. yes, because of diversity of citizenship

c. no, because it is not a hardship to travel 10 miles

d. no, because only $50,000 is involved

12. Stepfather Stan buys a new toy for Stepdaughter Suzie.

It is Kid, Inc.'s "Big Happy Fun Bag of Tics, Poison, and

Broken Glass." Mother Minnie discovery Suzie playing

with the product, and takes it away before Suzie is injured.

After the divorce, Minnie wants to sue Kid, Inc., for

endangering her daughter with such a dangerous product.

Can she?

a. yes, she will be able to sue on Suzie's behalf because she

is Suzie's mother

b. yes, because the toy is a clear and present danger

c. yes, because manufacturers must always stand trial for

dangerous products

d. no

13. The Montana Supreme Court heard a case and decided

that the defendant, a Montana resident, violated an act of

the United States Congress. Does the loser have any chance

of appealing this case to the United States Supreme Court?

a. no, because the Montana courts have the final authority

to decide the fates of its citizens

b. no, a case cannot be removed to the federal court once it

has been heard in a state court

c. yes, because a losing defendant may always appeal to the

Supreme Court

d. yes, because the case involves a federal statute

14. Leslie wants to be a judge, but has no political

connections. She thinks it is unlikely she will be appointed

to serve, and so wants to run for judge in an election.

Which of the following is she likely to have a chance to be

elected to?

a. a district court

b. a circuit court

c. a state court

d. the U.S. Supreme Court

15. Terry was convicted of murder. His attorney and he

feel that one of the jury instructions was unfair, and should

have been changed. Can this be used as grounds for

appeal?

a. yes, any error can be used as grounds for appeal in a

murder case

b. yes, because this is a point of law

c. yes, because this is a point of fact

d. no, because this is a point of fact

16. How many Supreme Court Justices must vote to hear a

case before a writ of certiorari is granted?

a. 1

b. 4

c. 5

d. 6

17. Avery signs an employment contract which includes a

clause that states, "All disputes arising out of this contract

shall be settled by arbitration." Avery is later fired, and he

believes the firing was due to his race. He wants his day in

court. Is he likely to be able to avoid going to arbitration?

a. yes, because he has a race-based claim

b. yes, because a federal question is likely involved

c. yes, because a person cannot sign away his right to a

trial

d. no

18. Jessie loses a million dollar case in a district court, and

then loses his appeal in a circuit court. Will he be able to

appeal to the U.S. Supreme Court?

a. yes, because of the high dollar value of his case

b. yes, because a defendant may always appeal to the

Supreme Court

c. yes, but only if the court grants certiorari

d. no, because only a plaintiff may appeal to the Supreme

Court

19. Which of the following are characteristics of

alternative dispute resolution (ADR)?

a. It is typically slower than litigation.

b. It is typically more flexible than litigation.

c. It is typically more costly than litigation.

d. all of the above

20. Fred and Barney are next door neighbors. Fred is

angry because Barney often dumps his leaves in Fred's

yard. In order to ensure peaceful living, they want to settle

their differences in the least adversarial way possible.

Which of the following would be their best choice in

dispute resolution?

a. a trial

b. mediation

c. arbitration

d. a summary jury trial

21. Sam and Diane want to resolve their dispute without a

trial, but as they cannot agree on anything, they want a

third party to have the authority to bind them to a

decision. Which of the following would be their best choice

for resolving this dispute?

a. a trial

b. mediation

c. arbitration

d. a summary jury trial

22. Which of the following methods of ADR may a court

order parties to participate in before an actual trial is

begun?

a. mediation

b. arbitration

c. a summary jury trial

d. all of the above

23. An appellate court will _____ overturn the

decision of an arbitrator who has been given binding

authority.

a. always

b. frequently

c. rarely

d. never

24. Alex plays bass in "Death Roaches," a band from the

state of Delaware. Death Roaches went to Texas for the

first time last year as a part of their tour. While playing a

gig in Dallas, Alex crashes his van into Paula Pedestrian,

breaking her leg. If Paula wishes to sue Alex in a Texas

court, will the Texas state court have jurisdiction?

a. yes, because the accident happened in Texas

b. yes, because a citizen of Texas can always bring a suit in

a Texas state court

c. no, because the defendant is from Delaware

d. no, because Paul does not regularly conduct business in

Texas

25. Ally is suing Emilio for $8,000. To save time and

money, she wants to bring her case to a small claims court

and act as her own attorney. Will she be able to do so?

a. no, because she will not be represented by an attorney

b. no, because she is seeking $8,000

c. no, because a small claims court is a court of general

jurisdiction

d. yes