Business Law Quiz 2

A deposition is a written statement made by a witness, who is not under oath. T/F

False

A long-arm statute prohibits a court from exercising jurisdiction over an out-of-state defendant. T/F

False

After a decision in rendered in a case, no party can file an appeal. T/F

False

An arbitrator can never render a legally binding decision. T/F

False

Federal courts only have jurisdiction over lawsuits involving a federal question. T/F

False

A federal case typically originates in a federal district court. T/F

True

If a defendant loses a lawsuit and does not voluntarily pay the judgement amount to the plaintiff, a court officer may be summoned to seize some of the defendant's property and sell to raise money to pay the plaintiff. T/F

True

The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved. T/F

True

The parties to a contact can agree in the contract as to which state's law will apply to any dispute that arises under the contract. T/F

True

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. T/F

True

Same facts as the last question, except that Jim and Kay agree that, instead of filing a lawsuit and going to trail, they will present their dispute to a third party who is not a judge but who renders a decision that Jim and Kay both agree will be legally binding. This is an example of: a) arbitration b) litigation c) mediation/case evalutation d) negotiation

a) arbitration

When a party wants to appeal their case to the United States Supreme Court, they must ask the Court to issue a writ of: a) certiorari b) jurisdiction c) standing d) venue

b) jurisdiction

The document that starts a lawsuit and sets out the ground for the court's jurisdiction, the basis of the case, and the relief sought is: a) the answer b) the complaint c) the service of process d) the summons

b) the complaint

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 recommendation regarding the settlement of the case, for which there is a penalty for rejecting the recommendation (and not receiving a better verdict than the recommendation at trail). This is an example of: a) arbitration b) litigation c) mediation/case evaluation d) negotiation

c) mediation/case evaluation

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

c) standing

Where more than one court has jurisdiction to hear a case, the determination of which court is the most appropriate physical location to hold the trial involves a question of the proper: a) standing b) certiorari c) venue d) justiciability

c) venue