Answer Choice 1	Answer Choice 2	Answer Choice 3	Answer Choice 4	Selected Answer
Question 1:  Under the Erie doctrine, which is correct?
State stautory law should be applied even against federal statutory law	State common law can sometimes be applied in federal court	State law can never be applied in federal courts	Federal law can never be applied in state courts
Question 2:  Which of the following is true about the U.S. Supreme Court?
The Supreme Court generally may choose which appeals to hear and which ones to ignore	The Supreme Court has original jurisdiction to conduct trials in cases that involve issues of federal law	The Supreme Court can be eliminated by Congress	The Supreme court may generally not hear cases that involve state law in addition to federal law
Question 3:  Mark, a Citizen of Nevada, sues Todd, a Citizen of California, for $500,000 in federal district court in California. The cause of action is based on state law. The case goes to trial and the jury finds for Mark and awards him $50,000. On appeal, Todd claims that the verdict should be dismissed because of a lack of subject matter jurisdiction. Is Todd correct?
Yes; because there is no adequate ground for federal subject matter jurisdiction in this case	No; because there is diversity jurisdiction in this case	No; because, by alowing the case to go to trial and verdict, Todd waives any right to have case dismissed for lack of jurisdiction	Yes; because the award was for less than $75,000
Question 4:  Jack and Jill bump into each other while racing up a hill to fetch a pail of water. Jack falls down and breaks his crown and wants to sue Jill for his crown and injuries. The hill is located in Tennessee, while Jack and Jill both live in Kentucky. Jill has a winter home in Florida in which she lives for 2 months a year. Florida has no other connection to either party. Federal courts in which of the following states would be proper venues for the action?
Kentucky and Tennesee	Kentucky, Tennessee and Florida	Kentucky, only	Tennessee, only
Question 5:  To find a federal case from the Seventh Circtuit Court of Federal Appeals, one should look in...
the Supreme Court Reporter	the Federal Reporter	the Northeastern Reporter	the Lawyer's Edition reporter
Question 6:  In which of the following cases should a court NOT dismiss a case?
The defendant moves to dismiss based on lack of personal jurisdiction and the court agrees with the motion	The court feels there is a more convenient place for the case to be heard	The court feels that it is not a proper venue in which the case can be heard	The court rules that is does not have subject matter jurisdiction to hear the case
Question 7:  Which of the following is NOT designed to be a persuasive writing?
A legal memorandum submitted to a court	A legal brief	A letter to an opposing attorney	An intra-office memorandum
Question 8:  In which of the following cases are you most likely to use the federal practice digest series of volumes in a law library?
You would like to read a federal case for which you know the citation	You would like to read a federal case for which you know the names of the parties, but not the citation	You would like to read a federal statute for which you know the citation	You would like to research a specific area of law, but do not yet know which specific cases to look up
Question 9:  Assuming that all of these are valid and Constitutional, which of these sources of law is stronger than all of the others?
federal statutory law	state stautory law	state common law	federal common law
Question 10:  Which of the following bases for personal jurisdiction, allows a court the most control over an individual defendant?
personal jurisdictiom	in rem jurisdiction	all of these offer the same level of control by the court over the defendant	quasi- in rem jurisdiction
Question 11:  Jane, a resident of Vermont, is pulled over for speeding on a Vermont Highway. Jane is ordered out of her car where she is verbally taunted and then physically beaten by 3 police officer. Jane claims that the officers acted in this manner towards her because she is a woman. therefore, she files a lawsuit under 42 USC § 1983 (a federal statute) against the police officers and the state of Vermont for $70,000. She files her suit in the federal district court for the District of Vermont. Does the federal court have subject matter jurisdiction to hear the case?
no; because the state has concurrent jurisdiction	no; because the amount in controversy is less than $75,000	yes; because there is federal question jurisidiction	yes; because there is diversity jurisdiction
Question 12:  Scott sues Joanna in federal court in Wyoming for $750,000. Scott has lived in Wyoming his whole life, but Joanna is a resident of Colorado and has never been to, or heard of, Wyoming. Scott claims that Joanna sold Scott a firecracker in Denver, Colorado, that malfunctioned and hurt Scott in Cheyanne, Wyoming. All the witnesses to the accident, and the doctors who treated Scotte are in Cheyanne, Wyoming. Which of the following is the best ground for Joanna to move to dismiss the action?
The Wyoming federal court does not have subject matter jurisdiction.	Scott has failed to allege a cause of action upon which relief can be granted.	The Wyoming federal court does not have person jurisdiction over Joanna.	The Wyoming federal court is not a proper venue.
Question 13:  Frank v. Larry, 227 So.2d 543, 561 (Ala. Sup. Ct. 1983) Which of the following can be inferred from the above citation?
This case must have been brought in federal court	The second edition of the Southern Reporter was published in 1983	The author would like the reader to look at page 561 of volume 227 of the second edition of the Southern Reporter.	The case ends on page 561 of volume 227 of the second edition of the Southern Reporter.
Question 14:  Cal, a citizen of California and Ken, a citizen of Kentucky, sue Alan, a citizen of Alabama and Cat, a citizen of California in federal court. The suit is for $100,000 and is based on a federal civil rights law, but state law issues may also be relevant to the case. Which statement is accurate?
The federal court does NOT have subject matter jurisdiction over the case	The federal court has subject matter jurisdiction over the case based on federal question jurisdiction, only	The federal court has subject matter jurisdiction over the case based on diversity of citizenship and based on federal question jurisdiction	The federal court has subject matter jurisdiction over the case based on diversity of citizenship, only
Question 15:  Joan sues Lisa in the federal district court for the district of South Dakota. The lower court judge dismisses the case because it holds that the court did not have proper jurisdiction. Joan wants to appeal the case. to whom should she appeal?
The South Dakota state appellate court	The Eighth Circuit Court of Appeals	The United States Supreme Court	The South Dakota Supreme Court
Question 16:  Which of the following is an example of mandatory authority?
A third circuit court of appeals decision cited during a case in federal disctrict court for the Southern District of New York	A Massachussetts Supreme Court case in a case brought in Massachussetts state court	A law review article published in the Harvard Law Journal	A section in the Restatement of Contracts
Question 17:  Walter has a bank account with the Chase Manhattan Bank, a bank located in New York, N.Y. with $25,000 in the account. Walter has never been to New York, but is able to use Chase because Chase has a branch in Walter's hometown of Detroit, MI. However, Chase keeps its assets and has its principle place of business in New York. One day, while Walter is driving home from work in Detroit, he gets into an accident with Paula, who is a tourist in Detroit. Paula lives in Yonkers, New York. Paula is severely injured in the accident. When Paula finally recovers 3 months later, she files a suit against Walter in New York Supreme Court, Westchester County. What is the best basis upon which the New York court can assert jurisdiction over Walter?
'In personam' (full personal) jurisdiction	quasi in rem jurisdiction	federal question jurisdiction	in rem jurisdiction
Question 18:  Which of the following is the correct citation for a case between Albert Smith and Donna Jones that appears in volume 234 of the second edition of the federal reporter on page 514?
Smith v. Jones, 514 F. 234 (2d ed.)	Smith v. Jones, 234 F. 514 (2d ed.)	Smith v. Jones, 514 U.S. 234	Smith v. Jones, 234 F.2d 514
Question 19:  Which of the following is an accurate order of sources of federal law, from most binding to least binding?
Statute--Constitution--Case law based on statute--Case law based on Constitution	Constitution--Case law based on Constitution--Statute--Case law based on statute	Statute--Constitution--Case law based on Constitution--Case law based on statute	Constitution--Statue--Case law based on Constitution--Case law based on statute
Question 20:  Which of the following is NOT an example of separation of powers in the form of one branch exercising a check on another branch?
The President appointing a Justice to the Supreme Court	Congress impeaching the President	The Supreme Court striking down an act of Congress	The Senate refusing to pass a bill that the House of Representatives has passed
Question 21:  The responsibility of creating laws that govern the United States is primarily a function of which branch of the U.S. Government?
the Judicial Branch	the Executive Branch	it is the responsibility of all 3 branches	the Legislative Branch