law chapter 2

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

Andromeda.

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

Nick's Web site activities.

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 counterclaim.

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 long arm statute.

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 small claims court

Wade wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include

a statement of the facts necessary to show Wade is entitled to relief

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

affirmed the case.

Refer to Fact Pattern 2-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

arbitration.

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

at least four justices approve of hearing the case

Carol files a suit against Andy in a state trial court and loses. Carol

can plead her case before an appellate court

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

certiorari.

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 ex¬ercise jurisdiction, the issue is whether Lara, through her ad, has

conducted substantial business with Missouri residents.

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. In this case, the Alabama court most likely

does not have jurisdiction

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

either party.

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

evidence about the case.

Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. Over this case, the Vermont state courts have

exclusive jurisdiction

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

federal and state courts have concurrent jurisdiction.

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

federal district courts

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

federal 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

in rem jurisdiction. (that means jurisdiction over the "thing" in this case - the warehouse.)

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

is a more convenient location to hold the trial.

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, if the defendant has

minimum contacts with the state.

Refer to Fact Pattern 2-1. The least expensive method of resolving the dis¬pute between Bean and Java may be

negotiation because no third parties are needed.

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

not at all.

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju¬ris¬dic¬tion may

order a party to submit to arbitration.

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

the Minnesota Supreme Court.

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 requirements, a federal cannot exercise jurisdiction in this case because

the amount in controversy is less than $75,000

Justin wants to file a suit against Kemel. For a court to hear the case

the court must have jurisdiction

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which re-sponds with an answer. Together, the complaint and answer are

the pleadings.

Refer to Fact Pattern 2-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to set¬tle their dispute through mediation because

the process is not adversarial

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

the selection of jurors.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

will be awarded the remedy sought.