Business Its Legal, Ethical, and Global Environment: Chapter 3 - $8.99   Add to cart

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Business Its Legal, Ethical, and Global Environment: Chapter 3

Business Its Legal, Ethical, and Global Environment: Chapter 3 1. A trial court generally has three judges who preside in a case. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Knowledge 2. An appellate court's role is to take additional evidence after a trial has ended. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 3. The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 4. A brief is written by the trial judge. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Application 5. An appellate court reversal requires a unanimous vote by the reviewing judges. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 6. When a case is remanded, the lower court must conduct additional proceedings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 7. The number of appeals to the United States Supreme Court is the same as the number granted certiorari. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 8. A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the suit. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Comprehension 9. The party who appeals a decision is called an appellant. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Knowledge 10. In personam jurisdiction is the authority of a court over the subject matter of the case. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Concept of Jurisdiction KEYWORDS: Bloom's: Knowledge 11. Decisions of the federal district court are reported in the Federal Reporter. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 12. Federal district courts are courts of original jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 13. There are 13 federal judicial circuits. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 14. Decisions of the U.S. Courts of Appeal are reported in the Federal Supplement. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 15. The U.S. Court of Appeals is a court of original jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 16. The U.S. Supreme Court has no original jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 17. The opinions of the U.S. Supreme Court must be unanimous. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Knowledge 18. State supreme court decisions can be appealed to the U.S. Supreme Court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 19. Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 20. Regional reporters carry the opinions of state appellate and supreme court decisions. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 21. A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Concept of Jurisdiction KEYWORDS: Bloom's: Comprehension 22. Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Comprehension 23. The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Application 24. On appeal, respondent is another name for appellant. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Comprehension 25. All states have a general trial court of original jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 26. The principle of stare decisis requires that all similar cases be decided the same way. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Comprehension 27. A court can have in personam jurisdiction over an out-of-state defendant by the defendant's consent. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Application 28. Federal district courts are the general trial courts of the federal system. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 29. An appellate court has the authority to order a new trial. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 30. The International Court of Justice can compel parties to appear before it. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Knowledge 31. The federal courts in the United States have jurisdictional authority over all cases, parties, and disputes in which a U.S. firm is involved. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 32. Generally, three judges review a case at the court of appeals level in both the state and federal levels. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Application 33. A case that is remanded requires further procedures. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 34. If any mistake is made in a case, it is reversible error. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 35. State supreme courts have original jurisdiction in some circumstances. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 36. Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 37. A party can raise new evidence in a case through its brief. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 38. An appellate court can require that a new trial be held. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Application 39. A reversible error occurs only when evidence rules were violated. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 40. Oral arguments are not allowed in appellate courts. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Knowledge 41. A brief is a witness's testimony at trial. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Knowledge 42. The U.S. Courts of Appeal use a writ of certiorari process for appeals. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 43. Specialty courts exist in both the state and federal systems. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System The State Court Systems KEYWORDS: Bloom's: Knowledge 44. A case in which the constitutionality of the USA Patriot Act is challenged would be brought in state court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 45. The Supreme Court grants certiorari in about 25% of the cases that are appealed to it. Of that number, nearly all have oral arguments and receive a written opinion from the Court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 46. An en banc hearing is one in which all the judges participate. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 47. Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 48. Justices of the U.S. Supreme Court are nominated by the President of the United States and are confirmed by the Senate. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 49. U.S. Supreme Court cases are generally heard by three judges. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 50. U.S. Supreme Court opinions are reported in three different reporter series. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 51. small claims courts do not permit lawyers to represent the parties in the proceedings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Comprehension 52. If a plaintiff’s home country provides an adequate remedy for a wrong, the case cannot be heard in the United States. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Comprehension 53. A reversible error is: a. any mistake made in a case. b. one that might have affected the outcome of a case. c. determined during a motion for summary judgment. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 54. Case precedent is: a. always followed. b. followed if it is within the state. c. examined in each case and is always followed. d. part of the doctrine of stare decisis. e. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Comprehension 55. When a case is remanded: a. it is affirmed. b. it is sent back to the trial court. c. it is completed. d. precedent is not being followed. e. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Comprehension 56. Dicta is the: a. rule of law in a case opinion. b. case cite. c. discussion of a decision. d. precedent in a case. e. none of the above. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Comprehension 57. Precedent is not followed when: a. the facts of a case can be distinguished. b. a court believes that a change of law is socially or morally mandated. c. technology changes. d. all of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Comprehension 58. An attorney: a. must reveal a client's confession of a crime. b. cannot represent a guilty party. c. must see that his/her client's rights are protected. d. can violate the law to protect a client. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Application 59. Which of the following names apply to the party who appeals the trial court decision? a. respondent b. appellant c. appellee d. none of the above : b POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Knowledge 60. In personam jurisdiction: a. refers to jurisdiction over the parties in a case. b. can be based on the subject matter of the case. c. is based on constitutional standards of residence. d. is only applied in federal courts. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Concept of Jurisdiction KEYWORDS: Bloom's: Comprehension 61. Which of the following is the general trial court of the federal system? a. federal district court b. Court of Claims c. U.S. Court d. none of the above : a POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 62. In which of the following cases would there be federal subject matter jurisdiction? a. a case in which the Justice Department is prosecuting for criminal violations of the Sherman Act b. a case in which a Texas resident is suing a Wisconsin company for a refund of $1,000.00 c. a case in which two Arizona partners are suing each other d. a case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Synthesis 63. Which of the following reports the opinions of federal district courts? a. Federal Supplement b. Federal Reporter c. Federal district court opinions are not reported. d. none of the above : a POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 64. How many U.S. Courts of Appeal are there? a. nine b. at least one for every state c. thirteen d. none of the above : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 65. How many federal district courts are there? a. nine b. at least one for every state c. thirteen d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 66. A writ of certiorari: a. is issued for every case appealed to the U.S. Supreme Court. b. applies only to cases of original jurisdiction. c. is an order issuing a decision to hear a case. d. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 67. A small claims court: a. is a court where diversity cases are heard. b. is a court where no attorneys are used. c. is a general jurisdiction court. d. is part of the federal system. : b POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 68. Regional reporters: a. are for the federal system. b. include the opinions of state supreme courts. c. include the opinions of the U.S. Supreme Court. d. are the same as the federal reporters. : b POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 69. Which of the following would not be a cite for a U.S. Supreme Court opinion? a. 411 U.S. 292 b. 93 S. Ct. 1011 c. 43 L.Ed.2d 33 d. 798 F.2d 1214 : d POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 70. In which of the following courts would a trial for violation of the Foreign Corrupt Practices Act be held? a. state trial court b. federal district court c. U.S. Supreme Court since the case involves foreign jurisdictions d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 71. The minimum amount required for a federal diversity suit is: a. $10,000. b. $50,000. c. $75,000. d. There is no minimum amount if there is diversity. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 72. Which of the following is not a specialized court in the federal system? a. tax court b. bankruptcy court c. probate court d. All of the above are specialty courts in the federal system. : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 73. Long-arm statutes: a. give state courts automatic jurisdiction over out-of-state defendants. b. have been ruled unconstitutional. c. are simply procedural statutes that still require "minimum contacts" for use. d. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Synthesis 74. At the U.S. Court of Appeals: a. there is a trial by jury. b. there are three judges. c. witnesses are permitted to testify. d. all of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 75. To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a: a. federal district court. b. U.S. Court of Appeals. c. U.S. Court of Claims. d. U.S. Tax Court. : a POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 76. Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma's suit: a. is properly brought in federal court in Vermont because the drivers were residents of different cities. b. is properly brought in Vermont's general trial court. c. is properly brought in U.S. Court of Claims since two U.S. citizens were involved. d. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Analysis 77. In the citation 501 F.3d 29, the case can be found on what page? a. 501 b. 3 c. 29 d. There is not enough information given to the question. : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 78. Ralph Waters operates a watch repair business in Mesa, Arizona. He orders most of his parts from out-of-state suppliers. He orders watch faces from a supplier in Escondido, California. The supplier does not have a sales force but relies on catalogues shipped to watch dealers throughout the country as his means of marketing. Ralph installed several of the suppliers' watch faces on his customers' watches. A strange chemical reaction between perspiration and the faces of the watches caused Ralph's customers to develop rashes and nausea, with some requiring hospitalization. Ralph wishes to bring suit to recover damages ($75,000) from the Escondido supplier. Which of the following statements is ? a. Ralph must bring suit in California to gain jurisdiction over the supplier. b. Ralph has a diversity action that can be brought in federal court. c. Ralph will not be able to bring suit in Arizona because there are no contacts in the state. d. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 79. Which of the following suits could be properly heard in federal district court? a. a suit between two contracting parties in one state over a UCC interpretation question b. a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington c. a suit challenging the constitutionality of a state's death penalty statute d. all of the above : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 80. Small claims courts are: a. federal specialty courts. b. also known as probate courts. c. also known as courts of claim. d. part of the state court system. : d POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court System KEYWORDS: Bloom's: Knowledge 81. Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never delivered. Where will Watkins properly file suit? a. federal district court in Montana b. federal district court in Kansas c. state court in Montana d. state court in Kansas : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 82. Cosco Chemical, a U.S. corporation, operates a fertilizer plant in Honduras. An explosion at the plant killed 30 workers and injured 573 residents from the surrounding areas. Lawyers for the victims and their families have brought suit in federal district court in Texas, Cosco's state of incorporation and base of operations. The lawyers maintain the suits should be heard in the United States under U.S. standards. Under the law in Honduras, the greatest amount of compensation each victim could recover would be $400. The suit: a. can be properly heard in U.S. federal district court in Texas. b. must be dismissed for lack of a cause of action. c. must be returned to the courts in Honduras. d. can only be heard in the International Court of Justice. : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Analysis 83. Sandra Laughlin is a reporter for the Philadelphia Tribune. In an article in the Tribune about Justin Bieber, a singer and resident of Canada and Florida, Laughlin wrote an inaccurate statement about the singer's relationship with singer Miley Cyrus. The Philadelphia Tribune is a Pennsylvania newspaper owned by a Pennsylvania corporation. If Bieber wishes to file a libel suit (seeking $100 million in damages) against Laughlin and the Tribune, the suit: a. could be properly brought in federal district court. b. must be brought in Florida. c. must be brought in a state court. d. none of the above : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 84. ValuJet, Inc. is an airline based in Florida. The airline flies from Florida locations to Atlanta to permit passengers to make connections to other airlines at that major hub. A ValuJet plane crashed just outside of Orlando, Florida, killing all 110 occupants aboard the flight. Among the 110 occupants was a family of 4 from Ohio, returning home from a Florida vacation. If the family's survivors wish to file suit against ValuJet, where would a court have jurisdiction over ValuJet? a. Ohio b. Florida c. Delaware d. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts: The Authority Over Persons KEYWORDS: Bloom's: Analysis 85. Which of the following is not a court of limited jurisdiction? a. probate court b. small claims court c. federal district court d. All of the above are limited jurisdiction courts. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 86. Stare decisis is a Latin term meaning: a. "equitable remedy". b. "let the decision stand". c. "private decision". d. "Congressional action". : b POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Knowledge 87. During the criminal trial for former Governor Fife Symington of Arizona, an elderly member of the jury told the judge that she felt pressured by the other jurors to find him guilty. The judge removed the woman from the jury and Governor Symington was convicted. Which of the following describes the likely result if the governor appeals? a. There is no reversible error because jury deliberations are not part of the trial or evidence. b. There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror. c. Appellate courts cannot reverse on questions about jury deliberations. d. There can be no reversal of the case absent some error in testimony or jury instructions. e. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Analysis 88. In which system are bankruptcy courts located? a. Federal court system b. State court system c. State lesser court system d. Municipal courts e. none of the above : a POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 89. Which of the following courts is not a court of original jurisdiction? a. U.S. Supreme Court b. City court c. Federal courts of appeals d. Probate court e. All of the above courts have some form of original jurisdiction. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Subject Matter Jurisdiction of Courts KEYWORDS: Bloom's: Synthesis 90. Sarah Sajak was sexually harassed at work. She filed a claim with the EEOC under Title 42 of the United States Code. The EEOC has given her a right to sue letter, a requirement for her to be able to bring suit for damages for the harassment. In which court must Sarah file her claim? a. State trial court b. Federal administrative court c. Federal district court d. Federal court of appeals since the agency has heard the case e. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Synthesis 91. If a case is reversed and remanded, it: a. is dismissed with no further proceedings. b. is reversed with no further proceedings. c. requires additional hearings or determinations at the trial court level. d. means that the lower court acted unconstitutionally. e. none of the above : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Application 92. Which label is appropriate for the party appealing a case? a. respondent b. defendant c. appellant d. either a or c : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Application 93. Which of the following is an example of a reversible error? a. misapplication of the law by the judge b. refusal to allow material testimony c. trial publicity d. a and b only : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Synthesis 94. The U.S. Supreme Court grants certiorari: a. when state courts do not agree on a decision in similar fact patterns. b. when circuit courts do not agree on a decision in similar fact patterns. c. in all cases. d. only on cases tried in federal court. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Synthesis 95. During the trial of Dennis Kozlowski, former CEO of Tyco, a juror’s identity was revealed and her picture was printed in two newspapers with stories that depicted her as the holdout in the deliberations. The juror received a threat on her life. Requiring the juror to continue and deliberate in these circumstances: a. is reversible error. b. is standard procedure. c. is outlawed by in personam jurisdiction. d. none of the above : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Process of Judicial Review KEYWORDS: Bloom's: Synthesis 96. Smitty’s is a bait and tackle shop near Lake of the Ozarks, Missouri, owned by Red Smith. Smitty’s has a website, . Smitty’s Bait Shop is located in the Adirondacks in New York, owned by Buzz Smith, who also runs a catalogue business. When Buzz tried to get the website, , for use with his catalogue sales, he discovered Smitty’s of Missouri. He filed suit in federal district court in New York for infringement. “Everyone will go to the site and think I don’t have catalogue merchandise! I’ll lose business.” Red says, “I’m in Missouri. How could anyone be confused? And, I don’t sell by catalogue or the Internet. And, I’m not going to New York to defend a pointless lawsuit.” a. Red is correct, New York has no jurisdiction over him. b. Buzz is correct. Red’s Internet site subjects him to New York jurisdiction. c. Neither is correct, the case belongs in state court. d. none of the above : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Analysis 97. X is an Internet company that sells discount cruises over the Internet to customers throughout the United States. X has one office, located in Fargo, North Dakota. All of X’s employees, equipment and boats are located in either Miami or Libya. The Bottonskis, residents of Virginia, bought two first-class tickets on X’s Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner buffet. What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover her $123,000 in medical bills? a. Virginia federal district court b. no court in the U.S.; Libya has jurisdiction c. state court only in North Dakota d. federal district court in North Dakota or Florida : d POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Analysis 98. An appeal of an IRS decision against you on your tax return would be heard in: a. state court. b. tax court. c. Federal District Court. d. U.S. Court of Appeal. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Application 99. The U.S. Department of Defense (DOD) is bringing suits against several contractors in Iraq who are alleged to have paid kickbacks to military personnel in order to win contracts. The DOD wants portions of the contract prices paid refunded by the contractors. The DOD suits against the contractors: a. must be heard in the U.S. Supreme Court. b. will be heard in the military courts of justice. c. will be appellate level case trials. d. will be heard in federal district court or the court of claims. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Comprehension 100. Mad Hatters, Inc. is a costume store based in Navajo County, Arizona. It has stores in Navajo, Maricopa, Pima and Pinal counties. Xeon Corporation entered into a contract for Mad Hatters to furnish 75 costumes for an ad campaign. Xeon has its headquarters in Maricopa County, but has offices in Pima and Navajo Counties. Xeon has failed to pay for the costumes. Mad Hatters has brought suit in Superior Court, the trial court for Arizona. The county in which the suit is held is a question of: a. venue. b. fact. c. federal jurisdiction. d. none of the above : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Subject Matter Jurisdiction of Courts: The Authority Over Content KEYWORDS: Bloom's: Analysis 101. Which of the following is not of long-arm statutes? a. they are state jurisdiction statutes b. they are not subject to federal review c. they vary from state-to-state d. all of the above are not : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Comprehension 102. Which of the following is an issue in subject matter jurisdiction determinations? a. the residence of the defendant b. the nature of the controversy c. the amount of the controversy d. all of the above are issues in subject matter jurisdiction : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Subject Matter Jurisdiction of Courts KEYWORDS: Bloom's: Comprehension 103. A traffic court: a. is a court of federal jurisdiction. b. is a court of limited jurisdiction. c. is an appellate court from small claims. d. both a and b : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Application 104. Which is not part of the National Reporter System? a. Federal Supplement b. Pacific Reporter c. State supreme court decisions d. both a and c : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Comprehension 105. A lawyer who knows that his client is guilty of a breach of contract: a. must disclose the information to the court. b. commits an ethical violation by representing the client. c. must keep that information confidential. d. both a and b : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Parties in the Judicial System KEYWORDS: Bloom's: Application 106. Mrs. Phillips purchased a glass baking dish manufactured by Anchor Hocking Glass. She purchased the dish at a Thrifty Drug Store in Mesa, Arizona. Anchor Hocking manufactures its glassware in Ohio and distributes its products nationally. When Mrs. Phillips removed the baking dish from her oven (while making a casserole), the dish exploded and Mrs. Phillips was injured. Mrs. Phillips' attorney wants to bring a product liability lawsuit against Anchor Hocking in Arizona. Anchor Hocking does not believe it can be forced to defend a lawsuit in Arizona since it has no offices there. Can the Arizona courts take jurisdiction? : In Phillips v. Anchor Hocking Glass, the Arizona Courts were permitted to take in personam jurisdiction over Anchor Hocking since: (1) Anchor Hocking distributed its products nationally, (2) the evidence and plaintiff were in Arizona, and (3) it was not unfair to require Anchor Hocking to defend a suit in Arizona since its products were there. 413 P.2d 732 (1966). POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Analysis 107. Diagram a typical state court system. : State Supreme Court State Court of Appeals General Trial Court Lesser courts Small claims Justice of City courts Probate the Peace courts POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Knowledge 108. Allegheny Airlines is incorporated in Delaware and has flights throughout the states of Pennsylvania, Ohio, West Virginia, New Jersey, New York, and Connecticut, and also in Washington, D.C. Wayne Jones, a resident of Las Vegas, Nevada, is severely injured when an Allegheny flight carrying him from Pittsburgh to Johnstown, Pennsylvania, crashes on landing. Jones has damages of over $250,000. In what court can Jones properly bring suit and where? : There is diversity and a claim in excess of $75,000, so federal district court is appropriate. The location is either Pennsylvania (site of the crash) or Delaware (principal place of business). Allegheny could not be required to defend a lawsuit in Nevada since it has no contacts there. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 109. Give five reasons why a court may choose not to follow precedent. : (1) Cases are factually distinguishable. (2) Quality of precedent - may be from another state. (3) Changes in technology - e.g., Sony case in Chapter 1. (4) Moral and/or social values change - e.g., abortion. (5) Changes in society's needs - e.g., searches at airports needed because of increased hijackings. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Comprehension 110. Timberline Lumber, Inc., sued Teal Developers, Inc., because Teal had failed to pay a $43,000 bill owed to Timberline. Both companies are incorporated in Montana and operate only in Montana. Timberline lost at the trial and now wants to appeal the decision. the following questions: a. What court would have jurisdiction over the suit? b. Who is the plaintiff? Who is the defendant? c. On appeal, who is the appellant? d. What grounds would cause the appellate court to reverse? : The case would be brought in the general trial court in Montana. Timberline is the plaintiff and Teal is the defendant. On appeal, Timberline is the appellant. The trial court must have committed a reversible error such as admitting evidence that should not have been admitted or giving incorrect jury instructions or allowing a biased juror to participate. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems Parties in the Judicial System The Process of Judicial Review KEYWORDS: Bloom's: Analysis 111. Gretta Grietham, a Michigan resident, purchased investment bonds from Lincoln Savings and Loan. Lincoln experienced some setbacks and has now been taken over by the Resolution Trust Corporation of the federal government. Gretta's bonds are now worthless (she purchased $12,000 of the bonds). Gretta's attorney has advised her that she probably has a chance of recovery from the officers and directors for securities fraud under the 1934 Securities Exchange Act. Lincoln is a California corporation doing business in California with investors all over the country. Where and in what court could Gretta bring her suit? : Grietham has a federal statutory claim and could bring suit in federal district court. She need not have diversity nor the $75,000 for a right based on federal law. POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Analysis 112. List international courts with consensual jurisdiction. : International Court of Justice (ICJ) (UN) Court of Justice of European Communities European Court of Human Rights Inter-American Court of Human Rights POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Knowledge 113. List three ways your case would properly be within the jurisdiction of the federal district court. : United States is a party. There is a federal question. There is diversity of citizenship and claims of damages in excess of $75,000. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 114. Name three courts in the federal system that are not courts of general jurisdiction. : Bankruptcy court Court of claims Indian Tribal Court POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Knowledge 115. Adrienne Zhang, a resident of Beijing, China, took provera, a hormone, through tablets called Pro-V plus, manufactured by Eli-Shiley, a U.S. firm. Zhang experienced heart damage and wishes to recover. Where is her suit against Eli-Shiley properly brought and which law applies? : In China, if an adequate product liability remedy exists. If not, in the U.S. with U.S. standards applying. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Application 116. Jane DeRonnee had carpet installed in her home and the carpet is not flat to the floor. In fact, it has so many waves that she and her friends and guests have been tripping over certain areas of her home. She has tried to have the carpeting fixed and has asked both the carpet retailer and the installer to solve the problem They have both refused. Walk Jane through the correct court system for her case. Explain to her where and how to take her case. Also explain to her what happens if she loses a case along the way. : Jane could take her case to small claims court where citizens can represent themselves. If she does not win there, she generally has a right to an appeal to the general trial court in the state for a trial de novo on the issues. If she loses at the trial court level, she can appeal the decision to the state court of appeals. If she loses there, she can petition to have her case heard by the state supreme court. It may or may not take the case on appeal. And should she lose at the state supreme court level, there is the U.S. Supreme Court. However, we should be honest with Jane. It is unlikely that the U. S. Supreme Court will take up her faulty carpet case. It is neither a social issue question or one that has produced a conflict in the circuits, the two general reasons for the U.S. Supreme Court to hear a case. POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The State Court Systems KEYWORDS: Bloom's: Application 117. When would a business selling merchandise over the Internet be required to defend a lawsuit in a state in which it had no offices? : Something more than Internet contact is needed to subject a cyberspace company to the jurisdiction of courts in the states where it has customers: the presence of inventory, property ownership, or the presence of salespeople would be sufficient. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Comprehension 118. Describe the role of the London Commercial Court. : The London Commercial Court is a longstanding and respected court of arbitration. This court is chosen by many businesses for resolution dispute because of its experience as well as its understanding of commerce and commercial transactions. POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The International Courts KEYWORDS: Bloom's: Knowledge DFA, a Kansas cooperative, has its principal place of business in Kansas City, Missouri. Bassett, an international commodities broker and a Canadian corporation, has its principal place of business in Toronto, Ontario. Bassett is not qualified to do business in Missouri; has no agent for service of process, offices, property, bank accounts, telephone listings, or employees there; and does not advertise or promote its business there. Between July 2009 and February 2011, Bassett purchased more than 3.5 million pounds of dairy products from DFA in about 80 transactions totaling $5 million. The parties did not have a long-term contract, agreeing to each transaction individually by phone. Bassett communicated by phone and email with DFA's Missouri headquarters about delivery and billing. Bassett stopped paying on his account at DFA and DFA sued Bassett in Missouri for failure to pay. The district court dismissed the suit for lack of personal jurisdiction. The total amount due on the account was $220,000. the following three questions based on this fact pattern. 119. Which of the following statements is correct about subject matter jurisdiction? a. Federal courts in the United States would have subject matter jurisdiction. b. Federal courts in the United States do not have subject matter jurisdiction because Bassett is from another country. c. Federal courts do not have jurisdiction because the amount in dispute does not meet the federal minimums for jurisdiction. d. Because this is a contract action and no federal statute is involved, the federal courts do not have jurisdiction. : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Federal Court System KEYWORDS: Bloom's: Synthesis 120. Which of the following is correct about in personam jurisdiction? a. The courts of Missouri would have jurisdiction over the case because Bassett did business on a regular basis with a Missouri company. b. The courts of Missouri would not have jurisdiction because Bassett had no presence in the state. c. The terms of the contract would control whether the courts of Missouri had jurisdiction over Bassett. d. No state in the United States would have jurisdiction over Bassett. : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: In Personam Jurisdiction of Courts KEYWORDS: Bloom's: Synthesis 121. What type of case is this? a. Small claims b. Court of claims c. Civil matter d. Bankruptcy matter : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: The Federal Court System KEYWORDS: Bloom's: Synthesis 122. The principle of stare decisis forbids a court from changing a doctrine already established judicially. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Doctrine of Stare Decisis KEYWORDS: Bloom's: Synthesis 123. Explain the attorney/client privilege. : The attorney/client privilege allows clients to communicate openly and candidly with their lawyers without the fear that the lawyer will be required to disclose the information revealed. The information is protected by the lawyer under the rules of client confidentiality. There are only limited exceptions for the lawyer being required to disclose what was discussed, such as the client indicating an intent to commit a crime. POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension

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