CH. 2 HW (Steele) BUSI2301

_____ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.

Procedural

Which of the following is true of trial courts????

a. They handle cases that are first instituted in them.

Which of the following is true of appeals made to higher courts?

a. ​The decision of the appellate court is binding on lower courts.

​What is the chief function of the courts?

a. ​They interpret and apply the law from whatever source to a given situation.

Bill Thompson is involved in a dispute with his two siblings over his late mother's will and has alleged that the others unduly influenced his mother in the drafting of her will. Why is it advisable that Bill hire an attorney to represent him in a lawsuit against his siblings?

b. As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court.

Filing and trying a suit in a _____ is much simpler than in a court of record, because plaintiffs may complete the court forms and try the case themselves through a more informal process.

b. Small claims court

Nelson, a billionaire in the state of Massachusetts, while on his death bed decides to distribute his property between his two children: Tom and Danielle. Nelson calls his lawyer to advise him on carrying out the distribution of his property. He dies a few days after handing over the will to his children. The siblings later have a dispute regarding the will. Tom sues Danielle, claiming that he has been conned by his sister and that the will has been falsified by her. Which of the following is true with regard to the scenario?

b. Tom seeks the help of a probate court.

Appellate courts include:

????

A person licensed to represent others in court is called a(n):

A person licensed to represent others in court is called a(n):

Jim, a practicing doctor, and Jane, a nurse, got married five years ago. Due to some marital issues, they are planning a divorce. They have a three year old son. Jane wants to take full custody of her son. In this scenario, which of the following courts would have jurisdiction over their divorce and child custody case?

a. A domestic relations court would have jurisdiction over both the divorce case and the child custody case.

Which of the following is not a title for the chief officer of an inferior court?

a. Attorney

Michael, a resident of Connecticut, drove down to Maryland for a business meeting. He was invited to a party hosted by his client. He had several cocktails in the evening, and while driving back to the hotel he hit a passerby and caused him serious injuries. The injured passerby planned to file a drunken driving case against Michael in a state court of Maryland. However, by this time Michael had returned to Connecticut. Can a law suit against Michael be filed in Maryland and why?

a. Yes, because long-arm statutes allow an injured person to sue the accused in the state where the accident occurred.

Larry and Ellen Roper had an insurance policy that protected their vehicle against loss from vandalism and malicious mischief. The motor of their car was damaged when oil used to service it was contaminated with water. The Ropers sued their insurance carrier in state court when the carrier denied coverage for the damage under the vandalism and malicious mischief policy. The trial court found in favor of the Ropers. The insurance company appealed the decision, and the intermediate court of appeals overturned the trial court decision. Do the Ropers have any further legal recourse, and if so, what?

a. Yes. The Ropers can appeal the appellate court's decision to the state supreme court, the highest court of the state.

Judy borrowed an electric mixer from her neighbor, Andy, and accidentally broke the appliance through misuse. She refused to replace the appliance or compensate Andy for the loss of the appliance, which was valued at $300. Andy wants to recover the loss without spending a lot of money on attorney costs and court fees. To recover damages, Andy should file a lawsuit in a:

a. small claims court.

John Mesta, a musician, has decided to sue Camplife, a band, over copyright infringement. In this lawsuit, Camplife would be the:

b. defendant

The power or authority of a court to hear cases is called its:

b. jurisdiction.

The individual who institutes a civil action is called the:

b. plaintiff.

Max, an ex-employee of CubeWorks Inc., an interior designing company, was on trial for swapping internal information with a competitor, without authorization, which resulted in copyright infringement. The jury found him guilty and he was ordered to pay $500,000. The jury's decision is called the:

b. verdict.

Which of the following is true of a jury trial procedure?

c. The jury is selected before an opening statement is made by the attorney.

Which of the following statements is true of federal district courts?

c. They hear all criminal cases that involve a violation of federal law.

Which of the following is true of the United States Supreme Court?

c. ​It has appellate jurisdiction in cases based on the U.S. Constitution.

​Which of the following is true of special federal courts?

c. ​They have jurisdiction limited by Congress.

Which of the following courts has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party?

c. The Supreme Court of the United States

A written request to a court to settle a dispute is called a(n):.

d. complaint or petition

Andrew, a software engineer who works for Sigma Inc., damaged the company's car in an automobile accident. The company filed a claim for damages against Andrew. However, the company was unable to file charges in a nearby probate court. Which of the following explains why the company was unable to file charges in the probate court?

d. A probate court deals with the distribution of deceased persons' property.

Peter worked for the Appearance Button Making Company. He set the company's storage area on fire, because he disliked James, the owner of Appearance. James filed a suit against Peter claiming compensation for the damage to his property. In the given scenario, James is the:

d. plaintiff.

The decision of the jury on a court trial is called a(n):

d. verdict.