Question 1

A motion for summary judgment may be made before,during,or after a trial.

Accepted Answer

A) True 
 B)False  False

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

Interrogatories are written questions for which written answers are prepared by a judge.

Accepted Answer

A) True 
 B)False  False

Question 4

A trial commences with the plaintiff's attorney's direct examination of the first witness.

Accepted Answer

A) True 
 B)False

Question 5

Hope wants to file a suit against Gerry. For a court to hear the case,

Accepted Answer

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. 
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.

Question 6

In mediation,the mediator proposes a solution and makes a decision resolving the dispute.

Accepted Answer

A) True 
 B)False

Question 7

At the beginning of a trial,only the defendant's attorney makes an opening statement.

Accepted Answer

A) True 
 B)False

Question 8

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference be-tween a trial and an appellate court is whether

Accepted Answer

A) a trial is being held. 
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) a trial is being held. 
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.

Question 9

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,

Accepted Answer

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. 
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.

Question 10

Arbitration that is mandated by a court is often binding on the parties.

Accepted Answer

A) True 
 B)False

Question 11

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins. BSC appeals the court's decision,as-sert-ing that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. There-fore,argues BSC,the appellate court should reverse the trial court's de-ci-sion. Is the appellate court likely to reverse the trial court's findings with re-spect to the facts? If not,why not? What are an appellate court's options after re-viewing a case?

Accepted Answer

An appellate court will reverse a lower

Question 12

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

Accepted Answer

A) certiorari. 
B) jurisdiction. 
C) standing. 
D) sufficient minimum contacts. 
A) certiorari. 
B) jurisdiction. 
C) standing. 
D) sufficient minimum contacts.

Question 13

David,an Alabama resident,files a suit in an Alabama court against QuickAds,an Internet company based in Georgia that provides advertising services.QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is

Accepted Answer

A) likely to have jurisdiction over the case. 
B) not likely to have jurisdiction over the case. 
C) likely to refer the case to a higher district court. 
D) likely to refer the case to an appellate court. 
A) likely to have jurisdiction over the case. 
B) not likely to have jurisdiction over the case. 
C) likely to refer the case to a higher district court. 
D) likely to refer the case to an appellate court.

Question 14

In a suit by the National Forest Preservation Organization (NFPO)against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of

Accepted Answer

A) an admission in court. 
B) a statement to the media. 
C) information to which Old Growth has a right of privacy. 
D) irrelevant evidence. 
A) an admission in court. 
B) a statement to the media. 
C) information to which Old Growth has a right of privacy. 
D) irrelevant evidence.

Question 15

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness relationship that they would like to continue,they may prefer to settle their dispute through mediation because

Accepted Answer

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. 
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.

Question 16

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

Accepted Answer

A) concurrent jurisdiction with federal courts. 
B) concurrent jurisdiction with other state courts. 
C) exclusive jurisdiction. 
D) no jurisdiction. 
A) concurrent jurisdiction with federal courts. 
B) concurrent jurisdiction with other state courts. 
C) exclusive jurisdiction. 
D) no jurisdiction.

Question 17

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

Accepted Answer

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) 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.

Question 18

The term alternative dispute resolution refers to any method for resolving a dispute outside the traditional judicial process.

Accepted Answer

A) True 
 B)False

Question 19

To have standing to sue,a party must have a sufficient stake in a matter to justify seeking relief through the court system.

Accepted Answer

A) True 
 B)False

Question 20

Service Employees International Union and Timberline Products,Inc.,have their dis-pute 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

Accepted Answer

A) none of the choices. 
B) review the merits of the dispute. 
C) review the sufficiency of the evidence. 
D) set aside the award. 
A) none of the choices. 
B) review the merits of the dispute. 
C) review the sufficiency of the evidence. 
D) set aside the award.

Exam 3: Courts and Alternative Dispute Resolution

A motion for summary judgment may be made before,during,or after a trial.

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

Interrogatories are written questions for which written answers are prepared by a judge.

A trial commences with the plaintiff's attorney's direct examination of the first witness.

Hope wants to file a suit against Gerry. For a court to hear the case,

In mediation,the mediator proposes a solution and makes a decision resolving the dispute.

At the beginning of a trial,only the defendant's attorney makes an opening statement.

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference be-tween a trial and an appellate court is whether

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,

Arbitration that is mandated by a court is often binding on the parties.

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

David,an Alabama resident,files a suit in an Alabama court against QuickAds,an Internet company based in Georgia that provides advertising services.QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is

In a suit by the National Forest Preservation Organization (NFPO)against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing busi-ness relationship that they would like to continue,they may prefer to settle their dispute through mediation because

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

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

The term alternative dispute resolution refers to any method for resolving a dispute outside the traditional judicial process.

To have standing to sue,a party must have a sufficient stake in a matter to justify seeking relief through the court system.

Service Employees International Union and Timberline Products,Inc.,have their dis-pute 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

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