Quiz 1 - Chapters 1-3

Administrative law is a source of American law that is consists of statutes. a. True b. False

False

Concurrent jurisdiction exists when only state courts have the power to hear a particular case. a. True b. False

False

Whether a law is constitutional depends on its source. a. True b. False

False

Damages are a remedy at law. a. True b. False

True

For jurisdictional purposes, corporations are considered legal persons. a. True b. False

True

Remedies in equity include decrees of specific performance. a. True b. False

True

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. 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.

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 federal court to exercise original jurisdiction. b. a state court to exercise appellate jurisdiction. c. the United States Supreme Court to refuse jurisdiction. d. no court to exercise jurisdiction.

a. a federal court to exercise original jurisdiction.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have a. exclusive jurisdiction. b. no jurisdiction. c. concurrent jurisdiction with other state courts. d. concurrent jurisdiction with federal courts.

a. exclusive jurisdiction.

Millie and Noble dispute the quality of a suite of furniture sold over the Internet. They agree to resolve their dispute in OpenTerms.com, an online forum. Like most online forums, OpenTerms.com applies a. general, universal legal principles. b. the law of the Internet. c. the provisions of the Federal Magistrates Act. d. international principles provided by the United Nations.

a. general, universal legal principles.

Criminal law is concerned with a. wrongs committed against the public as a whole. b. the relief available when a person's rights are violated. c. the prosecution of private individuals by other private individuals. d. the prosecution of public officials by private individuals.

a. wrongs committed against the public as a whole.

Pietro files a suit against Qiana. If Qiana fails to respond, a. the suit will be dismissed. b. Qiana will have a default judgment entered against her. c. Qiana will be considered to be in denial. d. Pietro will have a default judgment entered against him.

b. Qiana will have a default judgment entered against her.

Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time a. a formal refusal to abide by the verdict. b. a notice of appeal. c. the judgment order from which the appeal is taken. d. a transcript of the trial and copies of the exhibits.

b. a notice of appeal.

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. through a scintilla of evidence. d. to the extent promised in her attorney's opening statement.

b. by a preponderance of the evidence.

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term a. equitable maxims. b. cyberlaw. c. IRAC. d. civil law.

b. cyberlaw.

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 rem jurisdiction. c. in personam jurisdiction. d. no jurisdiction.

b. in rem jurisdiction.

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia a. has a sufficient stake in the matter. b. is a more convenient location to hold the trial. c. has sufficient minimum contacts with the parties. d. has jurisdiction.

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

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 dismissal of the suit is that Naomi does not have a. certiorari. b. standing. c. sufficient minimum contacts. d. jurisdiction.

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 own property. d. the parties must have no minimum contacts with each other.

b. the court must have jurisdiction.

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 resolution of the dispute will be decided an expert. b. the process is not adversarial. c. the dispute will eventually go to trial. d. the case will be heard by a jury.

b. the process is not adversarial.

Sweet Lemonade, Inc., disputes the use of "sweet-lemonade.com" as a domain name by Sweet Citrus Beverages, Ltd., and files a suit to resolve the dispute. Service of process must be by a. personal delivery. b. whatever means is reasonably calculated to do the job. c. e-mail. d. regular mail.

b. whatever means is reasonably calculated to do the job.

Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay a. neither Michael's fee nor court costs and other expenses. b. Michael's fee only. c. Michael's fee, court costs, and other expenses. d. court costs and other expenses, but not Michael's fee.

c. Michael's fee, court costs, and other expenses.

David, an Alabama resident, files 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 passive advertising. The Alabama court is: a. b. not likely to have jurisdiction over the case because QuickAds is based in Georgia. b. likely to refer the case to a higher district court. c. a. likely to have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama. d. likely to refer the case to an appellate court.

c. a. likely to have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama.

Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. the manufacturing and marketing of products. b. hiring and firing decisions. c. all of the choices. d. business financing.

c. all of the choices.

Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. The UCC provides a set of rules governing a. the formation and initiation of a business. b. dairy products and their production. c. commercial transactions. d. merit standards for nutrition awards.

c. commercial transactions.

Dawn files a suit in a state court against Entrée Enterprises Inc., alleging the breach of an employment contract. After a final determination in the case of Dawn v. Entrée Enterprises Inc. in favor of Dawn, the judgment will be satisfied a. if Dawn has sufficient assets to cover the amount of damages sought. b. if Entrée proves that it is unable to pay the judgment. c. if Entrée pays the judgment. d. all of the choices.

c. if Entrée pays the judgment.

Distinguishing between legal and equitable remedies is: a. not important because legal remedies cannot be granted today. b. important so that statistical data on the remedies can be compiled. c. important because the type of remedy available will depend on the type of harm suffered. d. not important because equitable remedies cannot be granted today.

c. important because the type of remedy available will depend on the type of harm suffered.

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before 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 merits of the dispute. b. compel arbitration. c. set aside any award. d. review the sufficiency of the evidence.

c. set aside any award.

McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is a. OneWorld's location when the app was created. b. the geographical distance between McHenry and OneWorld. c. the degree of interactivity via the app between McHenry and OneWorld. d. McHenry's location when the app was downloaded.

c. the degree of interactivity via the app between McHenry and OneWorld.

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's statement of the law is not true. b. Destiny's statement of the facts is not true. c. Enzo suffered greater harm than Destiny. d. Destiny did not state a claim for which relief can be granted.

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

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it, a. Isabel must file an amended complaint. b. Josh will have a judgment entered in his favor. c. Josh must be served with a second summons. d. Isabel will have a judgment entered in her favor.

d. Isabel will have a judgment entered in her favor.

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 for summary judgment. c. a motion to dismiss. d. Mountain's basis for relief.

d. Mountain's basis for relief.

In a suit against Ethan, Francisco obtains an award of damages. This is a. an order to perform what was promised. b. an order to do or to refrain from doing a particular act. c. the cancellation of a contract. d. a payment of money or property as compensation.

d. a payment of money or property as compensation.

Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is a. a rule created by a Illinois state administrative agency. b. a case decided by the Illinois Supreme Court. c. a statute enacted by the Illinois legislature. d. a provision in the Illinois constitution.

d. a provision in the Illinois constitution.

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is not in line with the judge's personal values. b. would lead to unintended consequences. c. would not bring about the result the judge prefers. d. is incorrect or inapplicable.

d. is incorrect or inapplicable.

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to a. the American Arbitration Association. b. the United States Supreme Court. c. the U.S. Court of Appeals for the Eighth Circuit. d. the North Dakota Supreme Court.

d. the North Dakota Supreme Court.