1.
The power of two or more courts to decide a particular case is called:
Correct Answer
C. Concurrent jurisdiction
Explanation
Concurrent jurisdiction refers to the power of two or more courts to decide a particular case. This means that multiple courts have the authority to hear and determine the same case, allowing individuals to choose which court they want to bring their case to. This can occur when there are overlapping jurisdictions or when different courts have the power to hear cases of the same nature.
2.
If, by chance, a court should hear a particular case and make a decision without having jurisdiction, the decision would be meaningless.
Correct Answer
A. True
Explanation
If a court hears a case and makes a decision without having jurisdiction, it means that the court does not have the legal authority to hear and decide that particular case. In such a situation, the decision made by the court would be considered meaningless because it would not hold any legal validity or enforceability. Jurisdiction is a fundamental requirement for a court to have the power to hear and decide a case, and without it, any decision made by the court would lack legal significance. Therefore, the statement "the decision would be meaningless" accurately reflects the consequence of a court making a decision without jurisdiction.
3.
The Federal Court System was established by the:
Correct Answer
B. U.S. Constitution
Explanation
The Federal Court System was established by the U.S. Constitution. The Constitution grants the power to establish the federal courts to the legislative branch, which is Congress. Article III of the Constitution outlines the structure and jurisdiction of the federal court system, including the establishment of the Supreme Court and the authority of Congress to create lower federal courts. Therefore, the U.S. Constitution is the correct answer as it is the foundational document that establishes the framework for the federal court system.
4.
The court where the plaintiff lives has jurisdiction over the defendant.
Correct Answer
B. False
Explanation
The court where the plaintiff lives does not necessarily have jurisdiction over the defendant. Jurisdiction is typically determined by factors such as the location where the incident occurred or where the defendant resides. Therefore, the statement is false.
5.
Cases heard by the U.S. courts of appeal are decided by three judges.
Correct Answer
A. True
Explanation
The statement is true because cases heard by the U.S. courts of appeal are typically decided by a panel of three judges. This panel reviews the decisions made by lower courts and determines whether they were correct based on the law. The involvement of multiple judges allows for a broader range of perspectives and helps ensure a fair and balanced decision-making process.
6.
Which branch of the federal government enforces our laws?
Correct Answer
C. Executive branch
Explanation
The executive branch of the federal government is responsible for enforcing our laws. This branch includes the President, Vice President, and various executive agencies such as the Department of Justice and the Federal Bureau of Investigation. They are responsible for implementing and enforcing laws passed by the legislative branch, as well as overseeing the day-to-day operations of the government.
7.
Owing to the fact that the case was being tried for the first time, the court had________ ____________, not appellate jurisdiction.
Correct Answer
original jurisdiction
Explanation
The court had "original jurisdiction" because it was trying the case for the first time, indicating that it had the authority to hear and decide the case in the first instance, rather than on appeal. This means that the court had the power to hear the case from the beginning and make the initial judgment, rather than reviewing a decision made by another court.
8.
In addition, because the Salem court was the only one that had the power to hear the case, it had___________ _________________ rather than concurrent jurisdiction.
Correct Answer
exclusive jurisdiction
Explanation
The Salem court had exclusive jurisdiction because it was the only court with the power to hear the case. This means that no other court had the authority to handle the matter, and only the Salem court had the jurisdiction to make decisions and rulings in this particular case.
9.
The place where the trial is held is called the _____________.
Correct Answer
venue
Explanation
The place where the trial is held is referred to as the venue.
10.
In personam jurisdiction means:
Correct Answer
A. A lawsuit in which the court has jurisdiction over the person
Explanation
In personam jurisdiction refers to a lawsuit where the court has the authority to exercise jurisdiction over the person involved in the case. This means that the court has the power to make decisions and rulings that directly affect the individual named in the lawsuit. In personam jurisdiction is based on the principle that a court's authority extends to the individuals involved in the legal dispute, rather than just the property or subject matter of the case.
11.
Circuits is the name given to the division of U.S. district courts.
Correct Answer
A. True
Explanation
The statement is true because circuits are indeed the name given to the division of U.S. district courts. The United States is divided into 13 judicial circuits, each comprising several states, and each circuit has a U.S. Court of Appeals that hears appeals from the district courts within its jurisdiction. These circuits help in the administration of justice and ensure that cases are handled efficiently and effectively across the country.
12.
When parties agree in advance to binding arbitration, the decision of the arbitrator must be followed.
Correct Answer
A. True
Explanation
When parties agree in advance to binding arbitration, it means that they have agreed to submit their dispute to an arbitrator and have agreed to be bound by the decision made by the arbitrator. This means that the decision made by the arbitrator is final and must be followed by both parties involved.