Chapter 2 Homework

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

Defendant

The power or authority of a court to hear cases is called its: petition. writ. statute. jurisdiction.

Jurisdiction

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. Special federal court State supreme court Small claims court Court of appeals

Small claims court

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? A probate court A special federal court A federal district court The Supreme Court of the United States

The Supreme Court of the United States

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: state court of original jurisdiction. small claims court. domestic relations court. federal district court.

Small claims court

Nelson, a billionaire in the state of Massachusetts, while on his deathbed 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? Tom fails to possess the right to an attorney in this case. Tom goes to a juvenile court to fight the case. Tom seeks the help of a probate court. Tom becomes a defendant in this case.

Tom seeks the help of a probate court.

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

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

1/1 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? A probate court is concerned with delinquent and neglected children. A probate court can have jurisdiction over the accused and not over the subject matter. A probate court deals with the distribution of deceased persons' property. A probate court is a court of general jurisdiction and damage actions are not brought to this court.

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

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? Hiring an attorney will guarantee Bill wins his case. Attorney fees are less expensive for will disputes. As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court. Most states do not permit parties to represent themselves.

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

Which of the following is not a title for the chief officer of an inferior court? Magistrate Attorney Justice of the peace Judge

Attorney

Appellate courts include: special federal courts and inferior courts. inferior courts and courts of appeals. courts of original general jurisdiction and courts of appeals. courts of appeals and supreme courts.

Courts of appeals and supreme courts

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: sheriff. bailiff. defendant. plaintiff.

Plaintiff

The individual who institutes a civil action is called the: defendant. bailiff. sheriff. plaintiff.

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: verdict. petition. writ. summons.

Verdict

The decision of the jury on a court trial is called a(n): verdict. jurisdiction. appeal. summons.

Verdict

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 lawsuit against Michael be filed in Maryland and why? Yes, because long-arm statutes allow an injured person to sue the accused only if the accused had maximum contacts in that state. Yes, because long-arm statutes allow an injured person to sue the accused in the state where the accident occurred. No, because long-arm statutes prevent the courts of one state from having jurisdiction over residents of another state in case of accidents. No, because long-arm statutes allow an injured person to sue the accused only before he moves back to his home state.

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? No. The decision of an intermediate court of appeals cannot be reviewed. Yes. The Ropers can appeal the appellate court's decision to the state supreme court, the highest court of the state. No. Most state court systems only have trial courts and intermediate courts of appeals. Yes. The Ropers can file another case against the insurance company for the same claim in federal court.

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