Bus 340 - BLAW - Ch03

d. negotiation.

Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is a. arbitration. b. litigation. c. mediation. d. negotiation.

c. a motion for summary judgment

Carol files a suit against Downwind Boat Corporation. Downwind responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Downwind supports this response with witnesses' sworn statements. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.

d. the selection of jurors.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. the assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the litigation of the issues and arguments. d. the selection of jurors.

b. dismissed or settled before a trial

Edie files a suit against Frank. If this suit is like most cases, it will be a. dismissed during a trial. b. dismissed or settled before a trial c. resolved only after a trial. d. settled at a trial.

d. a statement of the grounds for the court to exercise jurisdiction.

Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a motion for judgment n.o.v. c. a motion for judgment on the pleadings. d. a statement of the grounds for the court to exercise jurisdiction.

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

a. Ed's complaint.

In Ed's suit against First National Bank, the discovery phase would in¬clude all of the following EXCEPT a. Ed's complaint. b. Ed's deposition. c. Ed's requests for First National's admissions. d. First National's replies to Ed's interrogatories.

c. a new trial.

In Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury re-turns a verdict in Fancy's favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo¬tion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v.

d. judgment n.o.v.

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evi¬dence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v.

c. standing.

Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm's best ground for dis¬missal of the suit is that Jack does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts.

a. arbitration.

Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is a. arbitration. b. litigation. c. mediation. d. negotiation.

b. conducted substantial business with Missouri residents.

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.

a. affirm, reverse, or remand all or part of the lower court's decision.

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 can a. affirm, reverse, or remand all or part of the lower court's decision. b. only affirm or reverse all or part of the lower court's decision. c. only remand all or part of the lower court's decision. d. only reverse or remand all or part of the lower court's decision.

b. the Minnesota Supreme Court.

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.

d. is a more convenient location to hold the trial.

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 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.

a. a counterclaim

Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is a. a counterclaim. b. a crosclaim. c. an affirmative defense. d. an irrelevant response.

a. the subject matter of the cases that the courts can decide.

Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with gen¬eral jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank. The differ¬ence between general and limited ju¬risdiction is a. the subject matter of the cases that the courts can decide. b. whether a case is being heard for the first time. c. whether a suit is filed against a single individual or many people. d. whether a suit is filed by a citizen or by a business.

b. in personam jurisdiction

Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has a. federal question jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

d. a motion to dismiss.

Olsen Grocery Company files a suit against Pickle Products, Inc. Pickle responds that even if Olsen's statement of the facts is true, according to the law Pickle is not liable. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.

a. Retail only

Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to a. Retail only. b. Retail, Sid, or Tod. c. Sid only. d. Sid or Tod only.

b. a federal district court to exercise original jurisdiction.

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a. any court to exercise in rem jurisdiction. b. a federal district court to exercise original jurisdiction. c. a U.S. court of appeals to exercise appellate jurisdiction. d. the United States Supreme Court to issue a writ of certiorari.

a. the case is being heard for the first time.

Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court does not have concurrent jurisdiction. c. the court has standing. d. the court has venue.

c. mediation.

Sid files a suit against Tina. Before going to trial, the parties, with their at-torneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is a. arbitration. b. litigation. c. mediation. d. negotiation.

d. means that the Idaho court's decision is the law in Idaho.

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This a. is a decision on the merits with value as a precedent. b. indicates agreement with the Idaho court's decision. c. means nothing. d. means that the Idaho court's decision is the law in Idaho.

b. a deposition.

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is a. a cross-examination. b. a deposition. c. an imposition. d. an interrogatory.

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

Ula wants to initiate a suit against Valley Farms 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 Ula is entitled to relief.