supreme court questions
Which of the following is true with regard to the appellate process? a. Very important cases are usually initially tried in the U.S. Supreme Court. b. When a case is appealed, the appellate court usually holds a new trial. c. In the federal court system, there are usually two levels of appeal by right. d. The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review. e. The vote of only one justice is needed for the U.S. Supreme Court to hear a case.
16) Which of the following kinds of jurisdiction would be necessary and sufficient for a court to hear a case? a. Subject matter and in personem and in rem. b. Subject matter or in personem or in rem. c. Subject matter and either in personem or in rem. d. In rem and either subject matter or in personam.
17) Someone who is not a party to a lawsuit but has an interest in the outcome and therefore wants to become a party to the suit must: a. await the outcome of this trial and then file a separate action b. intervene c. counter-sue d. consolidate e. file a cross-complaint
18) Tammi Tenant was a university student in Ohio who rented a house from Loretta, who also lived in Ohio. Upon graduation, Tammi moved to Nebraska. Assuming that one party sued the other in connection with the lease after Tammi had moved to Nebraska, which of the following correctly describes the court(s) with jurisdiction over the defendant? If Loretta sued, there would be If Tammi sued, there would be personal jurisdiction over Tammi in: personal jurisdiction over Loretta in: a. Ohio only Ohio only b. Nebraska only Ohio only c. Nebraska or Ohio Nebraska only d. Nebraska or Ohio Nebraska or Ohio e. Nebraska or Ohio Ohio only
19) In a civil case, the party whom the complaint is filed against is the: a. defendant b. district attorney c. state d. public defender e. A, B, and C
20) Once a complaint has been filed with the court, the court issues a: a. judgment b. motion for summary judgment c. summons d. both A and D
21) Which of the following is one of the major purposes of a settlement conference? a. to try and make amends among the parties b. licensees only c. to facilitate the settlement of a case d. to contest the local court rules e. All of these are correct.
22) Which amendment guarantees the right to a jury trial in a case in federal court? a. the fifth amendment b. the sixth amendment c. the seventh amendment d. the eleventh amendment e. the fourteenth amendment
23) In general, an appellate court might typically reverse which of the following? a. the trial court’s findings of fact b. the trial court’s conclusions of law c. negligence d. both A and B
24) Which of the following is true with regard to arbitration? a. Rules similar to those followed by federal courts are usually applied at arbitration hearings. b. Arbitrators enter awards after reaching a decision. c. The parties often agree to be bound by the arbitrator’s decision and award. d. All of these are correct.
25) Which of the following is true regarding mediation? a. A mediator often meets with both parties at the same time. b. A settlement agreement is never reached with a mediator. c. A mediator does not make a decision or an award. d. If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
26) George has served Mary with a complaint alleging that she trespassed on his property. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she: a. do not respond and maybe George will drop the lawsuit b. write a letter the to judge saying that George is mistaken c. answer George’s complaint by admitting or denying the allegations George has asserted against her d. do not provide any affirmative defenses that George can use against Mary
27) If Sam was on vacation in Mexico and forgot to serve the lawsuit he wanted to bring against Delia 1 month after the statute of limitations period, what is the most likely result? a. Sam will lose his right to sue Delia. b. Sam can still sue Delia as Mexico’s law does not apply. c. Sam can make a deal with Delia not to sue her for as much as he originally intended. d. None of these are correct.
28) The number of ________ to which a state is entitled can change over time. a. Senators b. Representatives c. both Senators and representatives d. Supreme Court justices
29) What is the result of the “effects on interstate commerce” test? a. The federal government can regulate all interstate commerce that actually crosses state lines. b. Prior to enacting laws, states are required to identify any effects that the law might have on interstate commerce. c. The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity does not itself involve interstate commerce. d. Commercial speech protections apply only to speech that has an effect on interstate commerce.
30) The Bill of Rights is another name for: a. the Articles of Confederation b. the U.S. Constitution c. the document that explains the U.S. Constitution d. the first ten amendments to the U.S. Constitution e. the first seven articles of the U.S. Constitution
31) Which of the following is true regarding obscene speech? a. It cannot be prevented, but can be subject to time, place, or manner restrictions. b .Because the definition of obscene is so subjective, it cannot be restricted or prevented. c. Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection. d. Obscene speech and offensive speech receive the same degree of protection. e. The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.
32) In responding to a constitutional challenge to the Computer Decency Act, the U.S. Supreme Court ruled which of the following about the Act? a. Computers and the Internet were not covered by the free speech provisions of the U.S. Constitution because they did not exist when the Constitution was drafted. b. The Act was constitutional because obscene speech receives no protection. c. Obscene materials could not be available between 6:00 a.m. and 10:00 p.m. local time. d. The Internet deserves the “highest protection” from government intrusion. e. The Internet was similar to television and that restrictions similar to those on television programming were appropriate.
33) Which of the following is correct regarding freedom of religion under the U.S. Constitution? a. It comes from the Establishment Clause as well as the Free Exercise Clause. b. It applies only to those religions in existence on the date the Constitution became effective. c. It gives practitioners of any religion absolute rights to take part in actions that are based on that religion. d. It allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose.