Quiz 4

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for A. a federal court to exercise jurisdiction. B. any court to exercise jurisdiction. C. the United States Supreme Court to refuse jurisdiction. D. no court to exercise jurisdiction.

A. a federal court to exercise jurisdiction.

In a suit to compel arbitration, a court will order a dispute to be arbitrated if A. both parties consented to it. B. all of the choices. C. the rules for the arbitration are fair to at least one of the parties. D. the relevant state or federal statute does not include such claims.

A. both parties consented to it.

A choice-of-law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract. (T/F)

False.

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear. (T/F)

False.

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different. (T/F)

True.

A federal court will apply federal law in a case involving a federal question. (T/F)

True.

A question of law is generally the focus of an appellate court. (T/F)

True.

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction. (T/F)

True.

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers. (T/F)

True.

Any court can exercise jurisdiction over any person. (T/F)

False.

Judicial review is the process through which Congress approves or rejects judicial appointments. (T/F)

False.

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have A. standing to sue. B. venue. C. minimum contacts. D. exclusive jurisdiction.

A. standing to sue.

Ovid wants to file a suit against Petra. For a court to hear the case, A. the court must have jurisdiction. B. both parties must consent. C. the parties must own property. D. the parties must have diversity of citizenship.

A. the court must have jurisdiction.

Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can A. litigate it. B. any of the choices. C. resolve it through an alternative method, such as arbitration. D. settle it between themselves.

B. any of the choices.

A challenge to the constitutionality of an executive order that limits certain state actions is A. subject to the exclusive authority of Congress. B. within the power of judicial review. C. solely for the executive to decide. D. beyond the jurisdiction of the courts.

B. within the power of judicial review.

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to A. conduct a new trial and re-examine the witnesses. B. focus on what really happened in regard to the dispute. C. defer to the trial court's findings on questions of fact. D. apply the trial court's interpretation of the law in the case

C. defer to the trial court's findings on questions of fact.

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established A. the writ of certiorari. B. the rule of four. C. the power of judicial review. D. the jurisdiction of the courts.

C. the power of judicial review.

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has A. in personam jurisdiction. B. federal jurisdiction. C. no jurisdiction. D. in rem jurisdiction.

D. in rem jurisdiction.

Fresh Seafood Inc. and Grocers Market LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because A. the resolution of the dispute will be decided an expert. B. the case will be heard by a jury. C. the dispute will eventually go to trial. D. the process is not as adversarial as litigation.

D. the process is not as adversarial as litigation.

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants. (T/F)

True.