Judicial Powers Self-Quiz

 

 

 

 

 

 

 

The term diversity jurisdiction means:
Choice 1 The a court can hear cases between citizens of different states.
Choice 2 That a court can hear cases covering a variety of topics.
Choice 3 That a court can hear cases involving different areas of law.
Choice 4 That different courts can hear the same case.

Fred’s friend Barney was recently wrongly fired from his job. Although Barney does not want to sue, Fred hates to see Barney so upset and sues on Barney’s behalf. Which of the following is TRUE?
Choice 1 A court may hear the suit but only if Barney does not object.
Choice 2 A court may hear the suit regardless of whether Barney objects.
Choice 3 A court will not hear the suit because it is moot.
Choice 4 A court will not hear the suit because Fred lacks standing.
Barney finally decides to sue his employer for wrongful discharge. Before the case gets to trial his boss apologizes and asks him to return to work with back-pay and a raise. Barney agrees Which of the following is TRUE?
Choice 1 If Barney does not withdraw the suit the case can still be heard.
Choice 2 If Barney does not withdraw the suit the case can still be heard but Barney cannot be awarded any money damages.
Choice 3 If Barney does not withdraw the suit it will be dismissed as moot.
Choice 4 If Barney does not withdraw the suit it will be dismissed because Barney lacks standing.
The first day back on the job Barney hears about a new law from a co-worker. The law apparently requires that everyone on the worksite wash their hands prior to returning to work or be subjected to a $50 fine. Barney has an aversion to washing his hands in public bathrooms, and doesn’t much like the idea of paying the fine either. Although he hasn’t seen anyone around checking up on whether employees follow the new rule or not, he decides to sue before he gets in trouble for this obviously unconstitutional invasion of his privacy. Which of the following is TRUE?
Choice 1 Barney’s case is not yet ripe and will not be heard.
Choice 2 Barney’s case is moot and will not be heard.
Choice 3 Barney’s case will be heard, but damages will not be assessed or awarded unless and until he is actually fired.
Choice 4 Barney’s case will be heard but the judge will exclude Fred from the courtroom because he is excessively disruptive and often shouts out some gibberish phrase.
Fred is angry about all these suits he and Barney have brought just to get kicked out of court. When the President enters into a treaty with China which results in Fred and Barney’s employer going bankrupt, Fred decides to suit and challenge the treaty. He goes through his checklist and determines that he has standing because he has lost his source of income, the case is ripe and circumstances have not rendered it moot. Unfortunately for Fred he is once again turned away practically at the courthouse steps. Why?
Choice 1 An individual citizen cannot bring suit to question a matter of national importance.
Choice 2 Any harm Fred has experienced is unimportant compared to the benefits received by the nation as a result of the treaty.
Choice 3 The doctrine of stare decisis precludes suit.
Choice 4 The Political Question Doctrine precludes suit.

© 2003 - 2018 National Paralegal College