Federal Court Jurisdiction Explained

A court has personal jurisdiction over a party in which of the following circumstances? Choose * answer choices. When the party lives within * miles of the court When a party brings a case in its court When the court has already established that the court has subject matter jurisdiction When the party’s property at issue in the case exists within the geographic boundaries of the authority of the court

An arbitrator is different than a mediator because an arbitrator: hears both sides of a matter. is employed to help the parties avoid litigation. is a third-party neutral. has the authority to make a binding award.

In contrast to federal courts, state courts have what kind of jurisdiction? original appellate broad diversity

What does venue refer to? standing of the court holding of the court jurisdiction of the court geographic location of the court

Which branch of government has the authority to enact law? administrative judicial legislative executive

The federal and most state judicial branches have at least these three levels in the court system: chancery, district, and appellate. trial court, intermediate appellate court, and highest appellate court. district, appeals, and supreme. district, circuit, and appellate.

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: negotiation. adjudication. mediation. arbitration.

The role of a mediator is to: hear the complaints of the parties and render an out-of-court decision. hear the parties’ dispute without an attorney. negotiate on behalf of one of the parties in a dispute. assist parties in a dispute in resolving their differences out of court.

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court? claim complaint motion pleading

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a: judgment as a matter of law. summary judgment. default judgment. judgment on the pleadings.

What are the three steps of a civil trial? Choose * answers. jury selection opening arguments presentation of testimony and evidence closing arguments

What business speech is protected by the First Amendment? Some types of misleading speech Some types of advertising Some types of threatening speech Some types of defamatory speech

What restrictions on business speech are allowed by the First Amendment? Choose * answer choices. Business political contributions to a controversial candidate Some advertising venues for tobacco A billboard for a hotel on an urban highway Limitations on advertisements for alcohol

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .* on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $* to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? Yes, it is a violation of procedural due process. Yes, it is a violation of substantive due process. No, once a court enters a judgment of any kind, it is final. No, a violation of procedural due process is not a ground to set aside a default judgment.

During the pandemic of *, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? No, requiring people to wear a face mask during a pandemic is a valid exercise of the state’s police power. Yes, this ordinance violates a citizen’s right to free speech. Yes, this ordinance violates a citizen’s right to privacy. No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government.

Nevada passes a statute that any *-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than *.* nitrous oxide (NOx). The federal statute requirement for such trucks is no more than *.* NOx. Carlton is driving his *-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a *.* NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? The state statute preempts the federal statute under the Supremacy Clause. The federal statute preempts the state statute under the Full Faith and Credit Clause. The state statute preempts the federal statute under the Full Faith and Credit Clause. The federal statute preempts the state statute under the Supremacy Clause.

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person’s energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? No, the government cannot regulate free speech. No, the government cannot because in doing so, the government goes too far in restricting free speech. Yes, commercial speech is even more protected under the First Amendment than individual speech. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose * answers. A federal administrative agency is given its authority in the U.S. Constitution. Most federal administrative agencies are subject to the authority of the president, but some are independent. As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law.

Which of the following are sources of administrative law? Choose * answers. agency regulations agency opinions executive orders agency guidance

The judicial branch may limit an administrative agency’s actions by which of the following? Choose * answers. a court’s removal of an agency officer judicial review of the agency’s orders on appeal judicial review of the agency’s regulations a court’s modification of the agency’s authority

The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the: Information Transparency Act (ITA). Government in the Sunshine Act. Administrative Procedure Act (APA). Freedom of Information Act (FOIA).

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? An ALJ’s final order may not be reviewed by a court. An ALJ’s final order may only be overturned by a court if it is unreasonable. An ALJ’s final order may be re-tried in a federal district court. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

The Administrative Procedure Act (APA) is the federal law that does which of the following? The APA requires Congress to review agency rules and regulations before they become final. The APA requires an economic impact statement for rules or regulations that impact small businesses. The APA requires that agencies conduct public hearings. The APA sets out the rule-making process for administrative agencies.

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose * answers. issue restraining orders issue a subpoena investigate complaints and possible violations of its regulations or the law conduct a hearing to obtain a final order

What is the exhaustion doctrine? A court will apply the exhaustion doctrine to determine if an administrative agency did all that it could to amicably resolve a dispute. The exhaustion doctrine permits a person to seek judicial review of any unreasonable agency determination, whether or not it is final. The exhaustion doctrine is the standard by which a court will review a decision of an administrative agency. A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.

What is the term for a court’s determination that an administrative agency decision is the result of plain error or mistake? mistake of fact abuse of discretion contrary to law clearly erroneous

What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence? clearly erroneous abuse of discretion arbitrary and capricious substantial error

You have a driver’s license, but you are not a careful driver. Indeed, you have been cited for numerous traffic violations including speeding and driving while using a cell phone. The governmental agency in your state that oversees drivers’ licenses is the Department of Motor Vehicles (DMV). The DMV has a regulation authorizing the suspension of a license when a motorist has accumulated three or more traffic violations. Because of your driving record, the DMV has suspended your license. You are very unhappy about this because you need to drive to get to school and work. The DMV has an internal appeals process that allows drivers with suspended licenses to ask the DMV to reinstate their driving privileges. Because you need to drive, you want to appeal your case directly to a court and not bother with the DMV appeal procedure. Can you skip the appeal process provided by the DMV and go directly to court? Yes, the administrative appeal process is optional. No, a proceeding in an administrative agency can never be appealed to a court. Yes, it can be skipped if the matter is of particular importance to the party pursuing the appeal. No, the appeal process provided by the agency, the DMV, must first be pursued.