MIE 305 Lecture Exam 1 Review Questions and Answers
Question 1
In our system of judicial federalism, which of the following statements is most accurate about the ability of a state or
federal court to decide questions involving the other level's law?
Correct Answer
State courts may routinely decide federal questions and federal courts may routinely decide state questions
Question 2
The general police power in our constitutional system is
Correct Answer
Exclusively held by the states
Question 3
Wolfpack Industries, Inc. is a Raleigh-based office supply company which wishes to file a lawsuit involving a federal
question in federal court as a matter of first impression (original jurisdiction) against the U.S. Postal Service. Wolfpack will
file that case initially in the U.S. Court for:
Correct Answer
The District of Eastern North Carolina
Page 1 of 34
,Question 4
Which of the following is a formal written rule of the U.S. Supreme Court?
Correct Answer
Rule 10
Question 5
An NCSU grad student domiciled in Virginia travels weekly to Raleigh for class. One evening in Raleigh, she is personally
served with a summons and complaint in North Carolina by a process server. Does the North Carolina court have personal
jurisdiction over her?
Correct Answer
Yes, under 1(a) - a natural person who is physically present in NC at the time of service ✅
Question 6
Injury in fact, causation and redressability by the court are the three critical elements of
Correct Answer
standing
Question 7
The US Supreme Court sits en banc for oral arguments, meaning
Correct Answer
all nine Justices will ordinarily be present to hear the case
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,Question 8
a writ of certiorari is issued by the US Supreme Court when
Correct Answer
4 of the 9 Justices vote to hear the case. this is called the rule of four rule.
Question 9
Which of the following are formal written rules of the United States Supreme Court?
Correct Answer
rule 10
Question 10
The US Court of Appeals for the Seventh Circuit has just decided that the appropriate interpretation of a federal law is X.
Two weeks later, dealing with the exact same law, the Eleventh Circuit issues a ruling that says the appropriate
interpretation is Z. What do we (and the Supreme Court) call this?
Correct Answer
an inter-circuit fracture
Page 3 of 34
, Question 11
We have seen on this map eleven of the US Circuit Courts of Appeals' (COAs) geographic (multistate jurisdiction). But we
have discussed more Courts of Appeals than that! Which of the following are such courts that don't appear clearly on this
map?
Correct Answer
COA for the DC Circuit
COA for the Federal Circuit
COA for the American Territories Circuit
Question 12
You are the defendant's attorney. When is the appropriate time to move for a JMOL in your case?
Correct Answer
after the plaintiff has presented and submitted its case
Question 13
Which of the following translations of the Latin term non obstante veredicto is the most legally correct?
Correct Answer
notwithstanding the verdict
Page 4 of 34
Question 1
In our system of judicial federalism, which of the following statements is most accurate about the ability of a state or
federal court to decide questions involving the other level's law?
Correct Answer
State courts may routinely decide federal questions and federal courts may routinely decide state questions
Question 2
The general police power in our constitutional system is
Correct Answer
Exclusively held by the states
Question 3
Wolfpack Industries, Inc. is a Raleigh-based office supply company which wishes to file a lawsuit involving a federal
question in federal court as a matter of first impression (original jurisdiction) against the U.S. Postal Service. Wolfpack will
file that case initially in the U.S. Court for:
Correct Answer
The District of Eastern North Carolina
Page 1 of 34
,Question 4
Which of the following is a formal written rule of the U.S. Supreme Court?
Correct Answer
Rule 10
Question 5
An NCSU grad student domiciled in Virginia travels weekly to Raleigh for class. One evening in Raleigh, she is personally
served with a summons and complaint in North Carolina by a process server. Does the North Carolina court have personal
jurisdiction over her?
Correct Answer
Yes, under 1(a) - a natural person who is physically present in NC at the time of service ✅
Question 6
Injury in fact, causation and redressability by the court are the three critical elements of
Correct Answer
standing
Question 7
The US Supreme Court sits en banc for oral arguments, meaning
Correct Answer
all nine Justices will ordinarily be present to hear the case
Page 2 of 34
,Question 8
a writ of certiorari is issued by the US Supreme Court when
Correct Answer
4 of the 9 Justices vote to hear the case. this is called the rule of four rule.
Question 9
Which of the following are formal written rules of the United States Supreme Court?
Correct Answer
rule 10
Question 10
The US Court of Appeals for the Seventh Circuit has just decided that the appropriate interpretation of a federal law is X.
Two weeks later, dealing with the exact same law, the Eleventh Circuit issues a ruling that says the appropriate
interpretation is Z. What do we (and the Supreme Court) call this?
Correct Answer
an inter-circuit fracture
Page 3 of 34
, Question 11
We have seen on this map eleven of the US Circuit Courts of Appeals' (COAs) geographic (multistate jurisdiction). But we
have discussed more Courts of Appeals than that! Which of the following are such courts that don't appear clearly on this
map?
Correct Answer
COA for the DC Circuit
COA for the Federal Circuit
COA for the American Territories Circuit
Question 12
You are the defendant's attorney. When is the appropriate time to move for a JMOL in your case?
Correct Answer
after the plaintiff has presented and submitted its case
Question 13
Which of the following translations of the Latin term non obstante veredicto is the most legally correct?
Correct Answer
notwithstanding the verdict
Page 4 of 34
