MindTap Assignment #2 (Chapter 2)

True or False: The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.​

False

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

a. a federal court to exercise original jurisdiction

John is a resident of Iowa. While driving through California, he is in an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has: a. in personam jurisdiction. b. diversity jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

a. in personam jurisdiction

Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is​ a. ​mediation. b. ​arbitration. c. ​not a legitimate form of dispute resolution. d. ​negotiation.

a. mediation

Tyler, a citizen of Utah, files a suit in a Utah state court against Virtual Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that​ a. ​the case is being heard for the first time. b. ​the subject matter of the suit is interesting and new. c. ​the court has a unique method of deciding whether to hear a case. d. ​the court has unusual procedural rules.

a. the case is being heard for the first time

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​ a. ​mediation. b. ​arbitration. c. ​conciliation. d. ​intervention.

b. arbitration

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of​ a. ​litigation. b. ​negotiation. c. ​arbitration. d. ​mediation.

b. negotiation

Carol files a suit against Andy in a state trial court and loses. Carol can​ a. ​plead her case before a small claims court. b. ​plead her case before an appellate court. c. ​insist that the United States Supreme Court hear her case. d. ​not take her case any higher in the court system.

b. plead her case before an appellate court

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

b. the court must have jurisdiction

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on: a. whether the court is exercising in personam or in rem jurisdiction. b. the subject matter of the cases that the court can decide. c. whether a case is brought by an individual or a business. d. how many defendants are named in the lawsuit.

b. the subject matter of the cases that the court can decide

As a judge in a federal court, Elena can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as​ a. ​jurisdiction. b. ​justifiability. c. ​judicial review. d. ​jurisprudence.

c. judicial review

An Oklahoma state court can exercise jurisdiction over Petro Resources Inc., an out-of-state company, if the firm has​ a. ​median contacts with the state. b. ​no contacts with the state. c. ​minimum contacts with the state. d. ​maximum contacts with the state.

c. minimum contacts with the state

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. ​no jurisdiction. b. ​in personam jurisdiction. c. ​federal jurisdiction. d. ​in rem jurisdiction.

d. in rem jurisdiction

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. ​sufficient minimum contacts. b. ​certiorari. c. ​jurisdiction. d. ​standing.

d. standing

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of​ a. ​the dealings between the parties before the suit. b. ​the demeanor of the witnesses during the trial. c. ​what happened to give rise to the dispute. d. ​the law that applied to the issues in the case.

d. the law that applied to the issues in the case