Chapter 4 Textbook Qs

The American Judicial System, Jurisdiction, and Venue

Which of the following are primary roles of the judiciary
I. Judicial review
II. Create public policy
III. Adjudicate disputes
IV. Set jurisdictional boundaries
a. I and III
b. II and III
c. I, II, and III
d. III and IV
e. II, III, and IV

A

A state trial court has issued a ruling on a matter of a contract dispute between two parties. The ruling is binding on
a. All trial courts in that state
b. Only the parties in the case
c. Federal trial courts ruling on contract matters
d. All future parties in that state with a similar contract dispute
e. State trial courts and state appellate courts

B

Which of the following are courts of authority (set precedent)
I. U.S. Court of Appeals
II. U.S. District Court
III. State appellate court
IV. State trial court
a. I and II
b. II and III
c. I, II, and III
d. III and IV
e. I and III

E

Rye, Inc., a manufacturer of sporting equipment based in New Hampshire, enters into an agreement with Sports R Us to supply 10,000 catcher’s mitts. Sports R Us is a national retail chain of sporting goods stores based in Massachusetts. They also operate several store locations by leasing space in shopping centers throughout the northeast, including New Hampshire. Rye sues Sports R Us in the federal court in New Hampshire for breaking the contract. The federal court in New Hampshire has personal jurisdiction over Sports R Us primarily because of
a. Minimum contacts and purposeful availment
b. Voluntary jurisdiction
c. Injurious effects within the court’s jurisdictional boundaries
d. Property ownership
e. The Zippo standard

A

TechCo, a company based in Silicon Valley, California, files a lawsuit against its next-door neighbor claiming they violated the U.S. Patent Act. The court has subject matter jurisdiction because
I. Diversity of citizenship exists
II. The case involves a federal question
III. The United States is a party in the case
IV. The amount in controversy is more than $75,000
a. I only
b. II only
c. II and III
d. I and IV
e. IV only

B

Most states have an intermediate appellate court
a. True
b. False

A

The U.S. Supreme Court has original and appellate jurisdiction
a. True
b. False

A

A forum selection clause in a contract is unenforceable
a. True
b. False

B

Some courts have rejected the Zippo standard as too vague
a. True
b. False

B

Typically, the defendant chooses the venue for a trial
a. True
b. False

B