Question 1

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

Accepted Answer

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. 
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

Question 2

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

Accepted Answer

A) True 
 B)False  True

Question 3

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

Accepted Answer

A) federal jurisdiction. 
B) in personam jurisdiction. 
C) in remjurisdiction. 
D) no jurisdiction. 
A) federal jurisdiction. 
B) in personam jurisdiction. 
C) in remjurisdiction. 
D) no jurisdiction. C

Question 4

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing

Accepted Answer

A)  an explanation to refute any defense Open Pit might assert. 
B)  a motion for summary judgment. 
C)  a motion to dismiss. 
D)  Mountain's basis for relief. 
A)  an explanation to refute any defense Open Pit might assert. 
B)  a motion for summary judgment. 
C)  a motion to dismiss. 
D)  Mountain's basis for relief.

Question 5

Tech Performance, Inc., completes programming and other tech services for Uno IT Products Corporation. When Uno's computer system crashes, it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech Performance'sincompetence and files a complaint in a federal court against the firm. What are Tech Performance'soptions in response?

Accepted Answer

In response to the complaint, Tech Perfo

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

State supreme courts generally deny most appeals.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

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 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A)  arbitration. 
B)  litigation. 
C)  mediation. 
D)  negotiation. 
A)  arbitration. 
B)  litigation. 
C)  mediation. 
D)  negotiation.

Question 13

States do not have exclusive jurisdiction on any matter.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)  compel arbitration. 
B)  review the merits of the dispute. 
C)  review the sufficiency of the evidence. 
D)  set aside any award. 
A)  compel arbitration. 
B)  review the merits of the dispute. 
C)  review the sufficiency of the evidence. 
D)  set aside any award.

Question 15

Discovery is the process of obtaining information from an opposing party before trial.

Accepted Answer

A) True 
 B)False

Question 16

A federal case typically originates in a state court.

Accepted Answer

A) True 
 B)False

Question 17

Small claims courts are inferior trial courts.

Accepted Answer

A) True 
 B)False

Question 18

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

A state court can exercise jurisdiction over an out-of-state defendant, but the defendant must have

Accepted Answer

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) minimum contacts with the state. 
B) maximum contacts with the state. 
C) legitimate contacts with the state. 
D) legal contacts with the state.

Exam 3: Courts and Alternative Dispute Resolution

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

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

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing

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

State supreme courts generally deny most appeals.

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,

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

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

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

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

States do not have exclusive jurisdiction on any matter.

Discovery is the process of obtaining information from an opposing party before trial.

A federal case typically originates in a state court.

Small claims courts are inferior trial courts.

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

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

A state court can exercise jurisdiction over an out-of-state defendant, but the defendant must have

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