Chapter 2: Courts and Court Procedure
Filing and trying a suit in a _____ is much simpler than in a court of record, because plaintiffs may complete the court forms and try the case themselves through a more informal process.
Small claims court Filing and trying a case in a small claims court is much simpler than in a court of record, because plaintiffs may complete the forms and try cases themselves without the representation of an attorney. Review the section "Procedure in Small Claims Court" in Chapter 2.
Which of the following courts has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party?
The Supreme Court of the United States The Supreme Court of the United States has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party. Review the section "Classification of Courts" in Chapter 2.
Assume that the lawsuit was for $100,000 and the state of Texas had personal jurisdiction over all of the parties and proper subject matter jurisdiction. Which of the following is true?
The case could be heard in either a federal court in Texas or a state court in Texas. If there was both personal jurisdiction and subject matter jurisdiction, the state and federal courts in Texas (and likely in Wizard's home state as well) would have concurrent jurisdiction. The state courts could hear the case because it is a matter of state law, but the federal courts could hear on the basis of diversity jurisdiction.
John Mesta, a musician, has decided to sue Camplife, a band, over copyright infringement. In this lawsuit, Camplife would be the:
defendant. The individual who institutes a civil action is called the plaintiff, and the individual against whom the action is brought is called the defendant. Here, the civil action is bought against Camplife. Review the section "Procedure in Courts of Record" in Chapter 2.
The power or authority of a court to hear cases is called its:
jurisdiction. The power or authority of a court to hear cases is called its jurisdiction. Before any court can try a case, it must be established that the court has jurisdiction over the subject matter of the case, the persons involved, and the geographic area where the events in issue occurred. Review the section "Jurisdiction of Courts" in Chapter 2.
Peter worked for the Appearance Button Making Company. He set the company's storage area on fire, because he disliked James, the owner of Appearance. James filed a suit against Peter claiming compensation for the damage to his property. In the given scenario, James is the:
plaintiff In the given scenario, James is called the plaintiff. The individual who institutes a civil action is called the plaintiff. Review the section "Procedure in Courts of Record" in Chapter 2.
The individual who institutes a civil action is called the:
plaintiff. The individual who institutes a civil action is called the plaintiff. Review the section "Procedure in Courts of Record" in Chapter 2.
Judy borrowed an electric mixer from her neighbor, Andy, and accidentally broke the appliance through misuse. She refused to replace the appliance or compensate Andy for the loss of the appliance, which was valued at $300. Andy wants to recover the loss without spending a lot of money on attorney costs and court fees. To recover damages, Andy should file a lawsuit in a:
small claims court. Andy should file a lawsuit in a small claims court, where he can file and try the case himself in an informal setting. Review the section "Procedure in Small Claims Court" in Chapter 2.
Max, an ex-employee of CubeWorks Inc., an interior designing company, was on trial for swapping internal information with a competitor, without authorization, which resulted in copyright infringement. The jury found him guilty and he was ordered to pay $500,000. The jury's decision is called the:
verdict. The decision of the jury in a court trial is called a verdict. Review the section "Procedure in Courts of Record" in Chapter 2.
The decision of the jury on a court trial is called a(n):
verdict. The decision of the jury on a court trial is called a verdict. Review the section "Procedure in Courts of Record" in Chapter 2.
Michael, a resident of Connecticut, drove down to Maryland for a business meeting. He was invited to a party hosted by his client. He had several cocktails in the evening, and while driving back to the hotel he hit a passerby and caused him serious injuries. The injured passerby planned to file a drunken driving case against Michael in a state court of Maryland. However, by this time Michael had returned to Connecticut. Can a law suit against Michael be filed in Maryland and why?
Yes, because long-arm statutes allow an injured person to sue the accused in the state where the accident occurred. A lawsuit against Michael can be filed in Maryland, since long-arm statutes allow an injured person to sue the accused in the state where the accident occurred. Review the section "Jurisdiction of Courts" in Chapter 2.
In the case, the plaintiffs may ask the Montana courts to use a long arm statute. A long arm statute:
- can force someone to appear in a court in a state in which they do not live - is established using a sliding scale test if business is an internet business - can be invoked if someone has minimum contacts with a state Long arm statutes can allow for a court to have personal jurisdiction over people who do not reside in the same state as the court. To have long arm jurisdiction, the person to be brought in to court has to have made minimum contacts with the state. Since it is hard to determine where an internet business is located, the courts use a "sliding scale test" to determine if there have been minimum contacts. The bottom of the scale is purely passive activity which would not allow for jurisdiction, while actively doing business, the top of the scale, would give jurisdiction. When there is some interactivity through a website, jurisdiction may be proper, depending on the circumstances.
Appellate courts include:
??
Jim, a practicing doctor, and Jane, a nurse, got married five years ago. Due to some marital issues, they are planning a divorce. They have a three year old son. Jane wants to take full custody of her son. In this scenario, which of the following courts would have jurisdiction over their divorce and child custody case?
A domestic relations court would have jurisdiction over both the divorce case and the child custody case. A domestic relations court would have jurisdiction over their divorce and child custody case. Domestic relations courts handle divorce and child custody cases. Review the section "Classification of Courts" in Chapter 2.
Andrew, a software engineer who works for Sigma Inc., damaged the company's car in an automobile accident. The company filed a claim for damages against Andrew. However, the company was unable to file charges in a nearby probate court. Which of the following explains why the company was unable to file charges in the probate court?
A probate court deals with the distribution of deceased persons' property. If a claim is made for damages as a result of an automobile accident, a probate court does not have jurisdiction over the subject matter because a probate court deals with the distribution of deceased persons' property. Review the section "Jurisdiction of Courts" in Chapter 2.
Bill Thompson is involved in a dispute with his two siblings over his late mother's will and has alleged that the others unduly influenced his mother in the drafting of her will. Why is it advisable that Bill hire an attorney to represent him in a lawsuit against his siblings?
As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court. An attorney is educated in the profession of the law and licensed to represent others in legal matters. It is advisable to hire an attorney, because a disinterested person is normally better able to assess and rationally present a case. Review the section "Court Officers" in Chapter 2.
Which of the following is not a title for the chief officer of an inferior court?
Attorney An attorney is a person licensed to represent others in court. The chief officer of an inferior court is the judge, justice of the peace, magistrate, trial justice, or other similar officer. Review the section "Court Officers" in Chapter 2.
If the court in Montana wants to be able to hear the case against Wizard internet the court has to have:
Both jurisdiction over the Wizard internet and jurisdiction over the subject matter of the lawsuit. A court must have both personal jurisdiction over all of the parties (not just the plaintiff) and over the subject matter of the case in order to have jurisdiction to hear a case]
Assuming that Caleb is correct about the amount of contact that Wizard Internet has had with people in Montana, is it likely that the courts in Montana would have jurisdiction over Wizard?
Probably not, since the company has not reached out to anyone in Montana. In order to meet the minimum contact requirement for personal jurisdiction, Wizard would have had to reach to someone in the state of Montana. Simply having a website with passive advertising that can be accessed in Montana is not enough.
Assume that the plaintiff is the customer from Texas and that customer moved to Montana, would Montana have jurisdiction?
Probably not, since the company itself did not reach out to Montana. Jurisdiction would be based on the minimum contacts established by the business itself, not of its customers. If the customer moved, Wizard still would not have reached out to Montana.
Nelson, a billionaire in the state of Massachusetts, while on his death bed decides to distribute his property between his two children: Tom and Danielle. Nelson calls his lawyer to advise him on carrying out the distribution of his property. He dies a few days after handing over the will to his children. The siblings later have a dispute regarding the will. Tom sues Danielle, claiming that he has been conned by his sister and that the will has been falsified by her. Which of the following is true with regard to the scenario?
Tom seeks the help of a probate court. With regard to the scenario, Tom seeks the help of a probate court. Probate courts are special courts that handle wills and estates. Review the section "Classification of Courts" in Chapter 2.
Larry and Ellen Roper had an insurance policy that protected their vehicle against loss from vandalism and malicious mischief. The motor of their car was damaged when oil used to service it was contaminated with water. The Ropers sued their insurance carrier in state court when the carrier denied coverage for the damage under the vandalism and malicious mischief policy. The trial court found in favor of the Ropers. The insurance company appealed the decision, and the intermediate court of appeals overturned the trial court decision. Do the Ropers have any further legal recourse, and if so, what?
Yes. The Ropers can appeal the appellate court's decision to the state supreme court, the highest court of the state. Most states have a system of intermediate appellate courts and one final appellate court called the state supreme court, which is the highest court of the state. Parties can appeal a case to the state supreme court. Review the section "Classification of Courts" in Chapter 2.
