BUS LAW Quiz 3

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm a. did substantial business with Ohio residents over the Internet. b. interacted with any Ohio resident through its Web site. c. only engaged in passive advertising on the Web. d. suddenly removed its ad from the Internet.

A

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is a. not required to hear the case. b. required to hear the case because D'Antoni lost in a federal court. c. required to hear the case because D'Antoni lost in a lower court. d. required to hear the case because it is an appeal.

A

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

A

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. arbitration. b. conciliation. c. intervention. d. mediation.

A

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

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. Isabel will have a judgment entered in her favor. c. Josh must be served with a second summons. d. Josh will have a judgment entered in his favor.

B

Lorena files a suit against Milton. 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 decide to adopt. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

B

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. anything an Ohio resident has done. b. Nick's Web site activities relating to conduct in Ohio. c. nothing an Ohio resident has done. d. something other than Nick's Web site.

B

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

B

Raylene files a suit against Travis. If this suit is like most cases, it will be a. dismissed during a trial. b. settled before a trial. c. resolved only after a trial. d. transferred to a higher court.

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

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 case will be heard by a 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

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. concurrent jurisdiction with federal courts. b. concurrent jurisdiction with other state courts. c. exclusive jurisdiction. d. no jurisdiction.

C

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

C

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is a. the answer. b. the complaint. c. the writ of certiorari. d. the summons.

D

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

D

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a statement refuting any defense that the defendant might assert. c. a motion for judgment on the pleadings. d. a statement alleging the facts showing the court has jurisdiction.

D

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. arbitration. b. litigation. c. mediation. d. negotiation.

D

Neville files a suit against Olina. If Olina fails to respond, a. Neville must appeal the case to a different court. b. Olina's failure to respond will be considered a denial. c. Neville will not be awarded a remedy. d. Olina will have a default judgment entered against her.

D

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to a. none of the choices. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside the award.

D