Mann_BLRB 9_TB_Ch03

Business Law and the Regulation of Business

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Chapter 3—Civil Dispute Resolution TRUE/FALSE 1. A case before a U.S. Court of Appeals is generally heard by all judges of the circuit sitting en banc. ANS: F MSC: AACSB Analytic 2. The U.S. District Court is the trial level court in the federal court system. ANS: T MSC: AACSB Analytic 3. Judges who serve in the U.S. Courts of Appeals receive lifetime appointments from the President, sub- ject to confirmation by the Senate. ANS: T MSC: AACSB Analytic 4. The federal courts only have jurisdiction to hear cases involving federal law. ANS: F MSC: AACSB Analytic 5. In many states, judges are elected by the voters for a stated number of years. ANS: T MSC: AACSB Analytic 6. The decisions of the U.S. Courts of Appeals are binding on the other federal courts except for the U.S. Supreme Court. ANS: F MSC: AACSB Analytic 7. Venue has to do with which court has jurisdiction over the subject matter of a lawsuit. ANS: F MSC: AACSB Analytic 8. When a judgment is entered into against the defendant, the court will require him to pay the amount due immediately or serve a sentence. ANS: F MSC: AACSB Analytic 9. A quorum for the United States Supreme Court consists of any three justices. ANS: F MSC: AACSB Analytic 10. When compared to a court trial, arbitration has the advantage of privacy. ANS: T MSC: AACSB Analytic 11. Congress has established thirteen judicial circuits (twelve numbered circuits plus the District of Columbia circuit), each having a court known as the Court of Appeals. ANS: F MSC: AACSB Analytic
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12. The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Merit Systems Protection Board and the U.S. Court of Veterans Appeals. ANS: T MSC: AACSB Analytic 13. The federal courts have jurisdiction over all matters that have not been exclusively given to the state courts. ANS: F MSC: AACSB Analytic 14. Watson, charged with crossing the center line in his vehicle, would ordinarily have the case heard in his state’s trial court of general jurisdiction. ANS: F MSC: AACSB Analytic 15. A decision of a state court is binding on all courts inferior to it in its jurisdiction. Thus, the decision of a state supreme court binds all other courts in that state. ANS: T MSC: AACSB Analytic 16. The appellate court does not hear any new evidence but rather takes the case upon the record, ab- stracts, and briefs. ANS: T MSC: AACSB Analytic 17. A deposition is a pretrial discovery device, which consists of sworn testimony of a witness or the op- posing party. ANS: T MSC: AACSB Analytic 18. In the United States, there is never a right to a jury trial in a civil case. ANS: F MSC: AACSB Analytic 19. Mediation, like arbitration, is often a compulsory process in which the mediator can render a decision that is binding upon the parties. ANS: F
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Mann_BLRB 9_TB_Ch03 - Chapter 3-Civil Dispute Resolution...

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