BLAW 310 Chapter 2 ULL

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have a. minimum contacts with the state. b. maximum contacts with the state. c. legitimate contacts with the state. d. legal contacts with the state.

A

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 a. at least four justices approve of hearing the case. b. Cathy's petition does not raise a possibility of an important constitutional question. c. the amount in controversy in Cathy's suit is greater than $100,000. d. the Court feels that the lower courts' judgments were erroneous.

A

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 a. evidence about the case. b. private information about Thunder's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.

A

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference be¬tween a trial and an appellate court is whether a. the proceedings focus on the presentation of evidence and the examination of witnesses. b. the court is appealing. c. the parties question how the law applies to their dispute. d. the subject matter of the case involves complex facts.

A

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 a. Andromeda. b. Suri. c. Kevin. d. the judge.

A

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in a. federal courts of appeals. b. federal district courts. c. state trial courts. d. the United States Supreme Court.

B

Justin wants to file a suit against Mikayla. For a court to hear the case a. Mikayla must agree. b. the court must have jurisdiction. c. the court must issue a deposition. d. the parties must own property.

B

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 a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit.

B

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

C

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason a. must appeal the case to a different court. b. must refile the suit in the same court. c. will be awarded the remedy sought. d. will have a default judgment entered against him.

C

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

F

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

T

A court's review of an arbitrator's award may be restricted.

T

A deposition is a sworn testimony by a party to a lawsuit or any witness.

T

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

T

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet.

T

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

T

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

T

In mediation, the mediator proposes a solution that includes what com¬pro-mises are necessary to reach an agreement.

T

Interrogatories are written questions for which written answers are prepared and signed under oath.

T

The United States Supreme Court has original jurisdiction in some situations.

T

There is at least one federal district court in every state.

T

U.S. district courts have original jurisdiction in federal matters.

T

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 a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

A

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 by a. either party. b. Kettle only. c. Food Service only. d. neither party.

A

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 a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.

A

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 a. federal jurisdiction. b. general jurisdiction. c. limited jurisdiction. d. universal jurisdiction.

A

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(n) a. long arm statute. b. in personam statute. c. in rem statute. d. out-of-state jurisdiction statute.

A

Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. conciliation. c. intervention. d. mediation.

A

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. a contrary charge. b. a counterclaim. c. a counterpoint. d. a cross complaint.

B

Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likely a. not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. b. modify the trial court's finding of fact because the finding was clearly erroneous. c. modify the trial court's finding of fact because the award amount was more than $25,000. d. modify the trial court's finding of fact because the award amount was less than $5 million.

B

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 a. appeal. b. certiorari. c. jurisdiction. d. summons.

B

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

C

Refer to Fact Pattern 3-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert.

C

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. an assessment of the validity of the arguments for both parties. b. a determination of the issues to be argued before the court. c. the trial. d. the selection of jurors.

D

Refer to Fact Pattern 3-1. The least expensive method of resolving the dispute between Bean and Java may be a. arbitration because the case will be heard by a mini-jury. b. litigation because each party will pay its own legal fees. c. mediation because the dispute will be resolved by a non-expert. d. negotiation because no third parties are needed.

D

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which re¬sponds with an answer. Together, the complaint and answer are a. a motion to dismiss. b. a summons. c. a writ of certiorari. d. the pleadings.

D

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include a. an explanation to refute any defense the defendant might assert. b. a motion for summary judgment. c. a motion to dismiss. d. a statement of the facts necessary to show Uma is entitled to relief.

D

A default judgment is a judgment entered against the party who brought the claim before the court.

F

A motion for a new trial will be granted only if a constitutional issue is involved.

F

A summary judgment is granted only if there is no genuine question of law.

F

ADR proceedings are always strictly regulated by federal statutes.

F

All states have intermediate appellate courts.

F

Any relevant material, except information stored electronically, can be the object of a discovery request.

F

Arbitration is always legally binding.

F

Cases involving diversity of citizenship arise only between citizens of different states.

F

Federal courts are superior to state courts.

F

Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states.

F

Lawyers are not allowed to represent people in small claims courts in any of the states.

F

Negotiation is the most complex form of alternative dispute resolution.

F

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings.

F

Small claims courts hear both civil and criminal cases.

F

State courts cannot have exclusive jurisdiction.

F

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

F

There are twelve justices on the United States Supreme Court and they all receive life-time appointments

F

There is one set of procedural rules for federal courts and one set for state courts.

F