1. The following are the traditional bases for appealing an arbitrator's decision:
a. Unconstitutionality, abuse, collusion, or fraud in the arbitrator's decision;
b. Unconstitutionally, mistake of law, bias, and if the subject being arbitrated involves fraud;
c. Any bases to which the parties agree;
d. You can never appeal an arbitrator's decision
2. The overarching source of law in the U.S. is the U.S. Constitution.
a. True
b. False
3. Tripartite system means:
a. That the judicial branch is the most important and, therefore, has authority to create, interpret and enforce law;
b. That the three branches of government are equal and designed to operate as checks on one another;
c. That because the judicial branch may only interpret law, common law is no longer valid in the United States;
d. That the Presidency was designed to be the most powerful branch
4. Stare decisis refers to the legal maxim that courts are free to rule in any manner they see fit, without reference to prior decisions.
a. True
b. False
5. Which accurately describes the comparison of state and federal courts: organization of courts from lowest to highest:
a. Circuit courts are the trial courts in both systems;
b. The courts in the State Court system proceed from trial court (also called circuit courts) to intermediate appellate court, to the State Supreme Appellate Court, and ultimately (if appropriate) to the U.S. Supreme Court; In the Federal Court system, the lowest courts are called district courts, the appellate courts are called circuit courts, and the highest appellate court is the United States Supreme Court;
c. Fact finding and evidence gathering is reserved for the appellate courts;
d. Federal courts have no limits on subject matter jurisdiction whereas states may never hear a case related to constitutional matters.
6. Subject matter jurisdiction refers to the authority of a particular court to hear a particular type of case; Personal jurisdiction refers to the authority of a court to require a particular individual to appear before the court and defend himself in that forum.
a. True
b. False
7. A long arm statute:
a. Is designed to allow federal prosecution of state crimes;
b. Creates a specific substantive right applicable to foreign nationals;
c. Can never support personal jurisdiction over a non-U.S. Citizen
d. Enables a court to exercise jurisdiction over an out-of-state individual, provided the minimum contacts test is met
8. Of the following, which are required to meet the minimum contacts test:
I. the defendant has purposefully traveled to the state or somehow otherwise received benefits from contact or a relationship with a state which would make it reasonably foreseeable that he would have to answer for complaints in the courts of that state
II. the forum state has sufficient interest in the dispute
III. Making the defendant appear in a court of the state even though the defendant does not live in the state does not offend notions of fair play and substantial justice
a. I., II., OR III.
b. I. & III.
c. II.
d. I., II., AND III.