ch 3

44. 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 a. the case is being heard for the first time. b. the court has a unique method of deciding whether to hear a case. c. the court has unusual procedural rules. d. the subject matter of the suit is interesting and new.

a

50. 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. a small claims court. b. a domestic relations court. c. a municipal court. d. a probate court.

a

56. 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 a. at least four justices approve of hearing the case. b. Cathy's petition does not raise a possibility of an important constitutional question. c. the amount in controversy in Cathy's suit is greater than $100,000. d. the Court feels that the lower courts' judgments were erroneous.

a

61. 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 a. either party. b. Kettle only. c. Food Service only. d. neither party.

a

63. 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 a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.

a

64. 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 a. Andromeda. b. Suri. c. Kevin. d. the judge.

a

65. 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 a. evidence about the case. b. private information about Thunder's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.

a

68. Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. conciliation. c. intervention. d. mediation.

a

70. 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 a. not at all. b. until the ODR service has issued a decision. c. with respect to any dispute arising between them. d. with respect to this dispute only.

a

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have a. minimum contacts with the state. b. maximum contacts with the state. c. legitimate contacts with the state. d. legal contacts with the state.

a

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 a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

a

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 a. federal jurisdiction. b. general jurisdiction. c. limited jurisdiction. d. universal jurisdiction.

a

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(n) a. long arm statute. b. in personam statute. c. in rem statute. d. out-of-state jurisdiction statute.

a

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 a. the proceedings focus on the presentation of evidence and the examination of witnesses. b. the court is appealing. c. the parties question how the law applies to their dispute. d. the subject matter of the case involves complex facts.

a

. Justin wants to file a suit against Mikayla. For a court to hear the case a. Mikayla must agree. b. the court must have jurisdiction. c. the court must issue a deposition. d. the parties must own property.

b

46. David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is a. likely to have jurisdiction over the case. b. not likely to have jurisdiction over the case. c. likely to refer the case to a higher district court. d. likely to refer the case to an appellate court.

b

47. 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 a. anything an Ohio resident has done. b. Nick's Web site activities. c. nothing an Ohio resident has done. d. something other than Nick's Web site.

b

48. 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 a. a commercial cyber presence in Missouri. b. conducted substantial business with Missouri residents. c. general maximum contact with Missouri. d. solicited virtual business in Missouri.

b

52. 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 a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit.

b

53. 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 likelys a. not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. b. modify the trial court's finding of fact because the finding was clearly erroneous. c. modify the trial court's finding of fact because the award amount was more than $25,000. d. modify the trial court's finding of fact because the award amount was less than $5 million.

b

54. Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in a. federal courts of appeals. b. federal district courts. c. state trial courts. d. the United States Supreme Court.

b

55. 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 a. appeal. b. certiorari. c. jurisdiction. d. summons.

b

60. 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. a contrary charge. b. a counterclaim. c. a counterpoint. d. a cross complaint.

b

45. Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. The Vermont state courts a. have concurrent jurisdiction with federal courts over this case. b. have original jurisdiction over this case. c. have exclusive jurisdiction over this case. d. do not have jurisdiction for over case.

c

51. Carol files a suit against Andy in a state trial court and loses. Carol a. cannot take her case any higher in the court system. b. can insist that the United States Supreme Court hear her case. c. can plead her case before an appellate court. d. can plead her case before a small claims court.

c

59. Jason files a suit against Maybelline. If Maybelline fails to respond, Jason a. must appeal the case to a different court. b. must refile the suit in the same court. c. will be awarded the remedy sought. d. will have a default judgment entered against him.

c

67. Refer to Fact Pattern 3-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert.

c

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 a. federal jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

c

49. 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 Ohios a. has a sufficient stake in the matter. b. has jurisdiction. c. has sufficient minimum contacts with the parties. d. is a more convenient location to hold the trial.

d

57. Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include a. an explanation to refute any defense the defendant might assert. b. a motion for summary judgment. c. a motion to dismiss. d. a statement of the facts necessary to show Uma is entitled to relief.

d

58. To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are a. a motion to dismiss. b. a summons. c. a writ of certiorari. d. the pleadings.

d

62. During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. an assessment of the validity of the arguments for both parties. b. a determination of the issues to be argued before the court. c. the trial. d. the selection of jurors.

d

66. Refer to Fact Pattern 3-1. The least expensive method of resolving the dispute 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

69. Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction mays a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration.

d

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 requirementse a. no court can exercise jurisdiction. b. a state court cannot take jurisdiction because the amount in controversy is less than $25,000. c. a federal court cannot take jurisdiction because the amount in controversy is more than $10,000. d. a federal court cannot take jurisdiction because the amount in controversy is less than $75,000.

d