Chapter 2 BUS 2200

A federal case typically originates in a state court. (T/F)

False

A justiciable controversy is a case in which the court's decision—the "justice" that will be served—will be controversial.​ (T/F)

False

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.​ (T/F)

False

A trial commences with the plaintiff's attorney's direct examination of the first witness.​ (T/F)

False

Arbitration that is mandated by a court is often binding on the parties. (T/F)

False

At the beginning of a trial, only the defendant's attorney makes an opening statement. (T/F)

False

In mediation, the mediator proposes a solution and makes a decision resolving the dispute. (T/F)

False

Interrogatories are written questions for which written answers are prepared by a judge. (T/F)

False

No court offers mediation as an option before a case goes to trial. (T/F)

False

States do not have exclusive jurisdiction on any matter. (T/F)

False

A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court. (T/F)

True

A court can exercise jurisdiction over property located within its boundaries.​ (T/F)

True

An answer can admit to the allegations made in a complaint.​ (T/F)

True

An appellate court can reverse the decision of a trial court that erred.​ (T/F)

True

Any relevant material, including information stored electronically, can be the object of a discovery request. (T/F)

True

Before a trial, the plaintiff can file a motion to dismiss.​ (T/F)

True

Discovery is the process of obtaining information from an opposing party before trial. (T/F)

True

In a few states, in suits brought in small claims courts, lawyers are not allowed. (T/F)

True

Small claims courts are inferior trial courts. (T/F)

True

State supreme courts generally deny most appeals.​ (T/F)

True

The United States Supreme Court can review any case sent to it on appeal by the federal court of appeals. (T/F)

True

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.​ (T/F)

True

The role of the courts is to interpret and apply the laws.​ (T/F)

True

To have standing to sue, a party must have a sufficient stake in a matter to justify seeking relief through the court system.​ (T/F)

True

​After the defense concludes its presentation, the attorneys present closing arguments. (T/F)

True

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that a. Destiny did not state a claim for which relief can be granted. b. ​Destiny's statement of the facts is not true. c. ​Enzo suffered greater harm than Destiny. d. Destiny's statement of the law is not true.

a. Destiny did not state a claim for which relief can be granted.

Milo files a suit against Nick in an Ohio state court, noting that Nick op-erates a Web site through which Ohio residents have done substan-tial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from a. Nick's Web site activities relating to conduct in Ohio. b. nothing an Ohio resident has done. c. something other than Nick's Web site. d. anything an Ohio resident has done.

a. Nick's Web site activities relating to conduct in Ohio.

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm a. did substantial business with Ohio residents over the Internet. b. suddenly removed its ad from the Internet. c. only engaged in passive advertising on the Web. d. interacted with any Ohio resident through its Web site.

a. did substantial business with Ohio residents over the Internet.

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts a. not at all. b. with respect to any dispute arising between them. c. ​ until the ODR service has issued a decision. d. with respect to this dispute only.

a. not at all.

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is a. not required to hear the case. b. required to hear the case because D'Antoni lost in a federal court. c. ​required to hear the case because D'Antoni lost in a lower court. d. required to hear the case because it is an appeal.

a. not required to hear the case.

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. 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. the case is being heard for the first time.

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the process is not adversarial. b. the resolution of the dispute will be decided an expert. c. the dispute will eventually go to trial. d. the case will be heard by a jury.

a. the process is not adversarial.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is a. the summons. b. the writ of certiorari. c. the complaint. d. the answer.

a. the summons.

First Community Credit Union and General Hydraulics. Inc., have their dispute re-solved in arbitration. Be-fore determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics'representative being present. If this meeting substantially prejudices General Hydraulics'rights, a court will most likely a. review the sufficiency of the evidence. b. set aside any award. c. review the merits of the dispute. d. compel arbitration.

b. set aside any award.

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dis-missal of the suit is that Naomi does not have a. certiorari. b. standing. c. jurisdiction. d. sufficient minimum contacts.

b. standing.

Hope wants to file a suit against Gerry. For a court to hear the case, a. ​Gerry must agree. b. ​the court must have jurisdiction. c. ​the parties must have no minimum contacts with each other. d. ​the parties must own property.

b. ​the court must have jurisdiction.

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing a. an explanation to refute any defense Open Pit might assert. b. a motion to dismiss. c. Mountain's basis for relief. d. a motion for summary judgment.

c. Mountain's basis for relief.

Neville files a suit against Olina. If Olina fails to respond, a. Olina's failure to respond will be considered a denial. b. Neville will not be awarded a remedy. c. Olina will have a default judgment entered against her. d. Neville must appeal the case to a different court.

c. Olina will have a default judgment entered against her.

Noah files a suit in a state court against Olivia. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time a. a statement of the grounds for reversal. b. a brief including the arguments of both parties. c. a copy of the record on appeal. d. ​an explanation for the verdict.

c. a copy of the record on appeal.

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

c. can plead her case before an appellate court.

Gabrielle files suit against Hard n' Fast Adhesives, Inc. stating several claims against them. Hard n' Fast responds that even if Gabrielle's statement of the facts is true, but Hard n' Fast is still not liable. This is a a. counterclaim. b. motion for summary judgment. c. motion for judgment on the pleadings. d. motion to dismiss.

c. motion for judgment on the pleadings.

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for a. ​a state court to exercise appellate jurisdiction. b. the United States Supreme Court to refuse jurisdiction. c. no court to exercise jurisdiction. d. a federal court to exercise original jurisdiction.

d. a federal court to exercise original jurisdiction.

Mary files a suit against Nichelle in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After the state's highest court's review of Maryv. Nichelle, a party can appeal the decision to the United States Supreme Court if a. the state trial and appellate court rulings are different. b. the party is unsatisfied with the result. c. a question of state law remains unresolved. d. a federal question is involved.

d. a federal question is involved.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. a statement refuting any defense that the defendant might assert. b. ​a motion for judgment on the pleadings. c. ​an explanation of the proof to be offered at trial. d. a statement alleging the facts showing the court has jurisdiction.

d. a statement alleging the facts showing the court has jurisdiction.

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of a. information to which Old Growth has a right of privacy. b. irrelevant evidence. c. a statement to the media. d. an admission in court.

d. an admission in court.

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. intervention. b. mediation. c. conciliation. d. arbitration.

d. arbitration.

Daniel files a suit against Ava, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava's claim is a a. cross-complaint. b. counterpoint. c. contra charge. d. counterclaim.

d. counterclaim.

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party sug-gests or proposes a resolution, which the parties may or may not decide to adopt. This is a. negotiation. b. arbitration. c. not a legitimate form of dispute resolution. d. mediation.

d. mediation.

Raylene files a suit against Travis. If this suit is like most cases, it will be a. dismissed during a trial. b. resolved only after a trial. c. transferred to a higher court. d. settled before a trial.

d. settled before a trial.

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

d. ​minimum contacts with the state.