BLAW 310 MIDTERM--CH 2

iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to

Andromeda

ADR proceedings are always strictly regulated by federal statutes

FALSE

An answer never admits to the allegations made in a complaint

FALSE

Any relevant material, except information stored electronically, can be the object of a discovery request.

FALSE

Arbitration is always legally binding

FALSE

Cases involving diversity of citizenship arise only between citizens of different states

FALSE

Federal courts are superior to state courts

FALSE

Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states

FALSE

Lawyers are not allowed to represent people in small claims courts in any of the states

FALSE

Negotiation is the most complex form of alternative dispute resolution

FALSE

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings

FALSE

Small claims courts hear both civil and criminal cases

FALSE

State courts cannot have exclusive jurisdiction

FALSE

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction

FALSE

There are twelve justices on the United States Supreme Court

FALSE

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

Nick's web site activities

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers

TRUE

A deposition is sworn testimony by a party to a lawsuit or any witness

TRUE

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state only over the Internet

TRUE

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state

TRUE

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case

TRUE

Interrogatories are written questions for which written answers are prepared and signed under oath

TRUE

The United States Supreme Court has original jurisdiction in some situations

TRUE

There is at least one federal district court in every state

TRUE

U.S. district courts have original jurisdiction in federal matters

TRUE

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

a counterclaim

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called

a long arm statute

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

a small claims court

Wade wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include

a statement of the facts necessary to show Wade is entitled to relief.

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has

affirmed the case

Refer to Fact Pattern 2-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

arbitration

Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court agrees to hear the case. This means that

at least four justices approve of hearing the case

Carol files a suit against Andy in a state trial court and loses. Carol

can plead her case before an appellate court

The Arizona Supreme Court rules against Jennifer in a case against Kut Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of

certiorari

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

conducted substantial business with Missouri residents

Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. 31. Refer to Fact Pattern 2-1. The least expensive method of resolving the dis¬pute between Bean and Java may be a. arbitration because the case will be heard by a mini-jury. b. litigation because each party will pay its own legal fees. c. mediation because the dispute will be resolved by a non-expert. d. negotiation because no third parties are needed.

d. negotiation because no third parties are needed.

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. In this case, the Alabama court most likely

does not have jurisdiction

In Kettle Cafe's suit against Food Services, Inc., the court issues a judgment in Kettle's favor. The judgment can be appealed to an appropriate court of appeals by

either party

Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession. A legitimate reason for this examination is that the documents contain

evidence about the case

Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. Over this case, the Vermont state courts have

exclusive jurisdiction

A closing argument is a statement by a party that results in a summary judgment in that party's favor

false

A default judgment is a judgment entered against the party who brought the claim before the court

false

A motion for a new trial will be granted only if a constitutional issue is involved.

false

A summary judgment is granted only if there is no genuine question of law.

false

All states have intermediate appellate courts.

false

Any judgment is enforceable

false

The verdict in a summary jury trial is binding.

false

There is one set of procedural rules for federal courts and one set for state courts.

false

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

federal and state courts have concurrent jurisdiction

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

federal district courts

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for

federal jurisdiction

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has

in rem jurisdiction

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

is a more convenient location to hold the trial

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, if the defendant has

minimum contacts with the state

Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likely

modify the trial court's finding of fact because the finding was clearly erroneous.

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

not at all

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may

order a party to submit to arbitration

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

the Minnesota Supreme Court

Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements, a federal cannot exercise jurisdiction in this case because

the amount of controversy is less than $75,000

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that

the case is being heard for the first time

Justin wants to file a suit against Kemel. For a court to hear the case

the court must have jurisdiction

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are

the pleadings

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference between a trial and an appellate court is whether

the proceedings focus on the presentation of evidence and the examination of witnesses.

Refer to Fact Pattern 2-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to set¬tle their dispute through mediation because

the process is not adversarial

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

the selection of jurors

A court's review of an arbitrator's award may be restricted.

true

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

true

In mediation, the mediator proposes a solution that includes what com¬pro¬mises are necessary to reach an agreement.

true

Most online dispute resolution services apply general, universal legal principles to resolve disputes.

true

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

will be awarded the remedy sought