Question 1

A default judgment is a judgment entered against the party who brought the claim before the court.

Accepted Answer

A) True 
 B)False

Question 2

The United States Supreme Court has original jurisdiction in some situations.

Accepted Answer

A) True 
 B)False

Question 3

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

Accepted Answer

A)  federal and state courts have concurrent jurisdiction. 
B)  federal courts have exclusive jurisdiction. 
C)  no court has jurisdiction. 
D)  state courts have exclusive jurisdiction. 
A)  federal and state courts have concurrent jurisdiction. 
B)  federal courts have exclusive jurisdiction. 
C)  no court has jurisdiction. 
D)  state courts have exclusive jurisdiction.

Question 4

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Accepted Answer

A) True 
 B)False

Question 5

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include

Accepted Answer

A)  an explanation to refute any defense the defendant might assert. 
B)  a motion for summary judgment. 
C)  a motion to dismiss. 
D)  a statement of the facts necessary to show Uma is entitled to relief. 
A)  an explanation to refute any defense the defendant might assert. 
B)  a motion for summary judgment. 
C)  a motion to dismiss. 
D)  a statement of the facts necessary to show Uma is entitled to relief.

Question 6

iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to

Accepted Answer

A)  Andromeda. 
B)  Suri. 
C)  Kevin. 
D)  the judge. 
A)  Andromeda. 
B)  Suri. 
C)  Kevin. 
D)  the judge.

Question 7

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that

Accepted Answer

A)  the case is being heard for the first time. 
B)  the court has a unique method of deciding whether to hear a case. 
C)  the court has unusual procedural rules. 
D)  the subject matter of the suit is interesting and new. 
A)  the case is being heard for the first time. 
B)  the court has a unique method of deciding whether to hear a case. 
C)  the court has unusual procedural rules. 
D)  the subject matter of the suit is interesting and new.

Question 8

Any relevant material, except information stored electronically, can be the object of a discovery request.

Accepted Answer

A) True 
 B)False

Question 9

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

Accepted Answer

A)  a commercial cyber presence in Missouri. 
B)  conducted substantial business with Missouri residents. 
C)  general maximum contact with Missouri. 
D)  solicited virtual business in Missouri. 
A)  a commercial cyber presence in Missouri. 
B)  conducted substantial business with Missouri residents. 
C)  general maximum contact with Missouri. 
D)  solicited virtual business in Missouri.

Question 10

ADR proceedings are always strictly regulated by federal statutes.

Accepted Answer

A) True 
 B)False

Question 11

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has

Accepted Answer

A)  affirmed the case. 
B)  reversed the case. 
C)  remanded the case. 
D)  reversed and remanded the case. 
A)  affirmed the case. 
B)  reversed the case. 
C)  remanded the case. 
D)  reversed and remanded the case.

Question 12

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings.

Accepted Answer

A) True 
 B)False

Question 13

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Accepted Answer

A) True 
 B)False

Question 14

Fact Pattern 3-1 (Questions 31-33 apply)
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1. The least expensive method of resolving the dispute between Bean and Java may be

Accepted Answer

A)  arbitration because the case will be heard by a mini-jury. 
B)  litigation because each party will pay its own legal fees. 
C)  mediation because the dispute will be resolved by a non-expert. 
D)  negotiation because no third parties are needed. 
A)  arbitration because the case will be heard by a mini-jury. 
B)  litigation because each party will pay its own legal fees. 
C)  mediation because the dispute will be resolved by a non-expert. 
D)  negotiation because no third parties are needed.

Question 15

The verdict in a summary jury trial is binding.

Accepted Answer

A) True 
 B)False

Question 16

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

Question 17

A motion for a new trial will be granted only if a constitutional issue is involved.

Accepted Answer

A) True 
 B)False

Question 18

Discount Mart, Inc., files a suit in a state court against Elements Computer Corporation, alleging that Elements breached a contract to sell 500 notebook computers to Discount. During the course of the suit, Discount files a motion for judgment on the pleadings, Elements files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made?

Accepted Answer

After the pleadings have been filed, eit

Question 19

All states have intermediate appellate courts.

Accepted Answer

A) True 
 B)False

Question 20

Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements

Accepted Answer

A)  no court can exercise jurisdiction. 
B)  a state court cannot take jurisdiction because the amount in controversy is less than $25,000. 
C)  a federal court cannot take jurisdiction because the amount in controversy is more than $10,000. 
D)  a federal court cannot take jurisdiction because the amount in controversy is less than $75,000. 
A)  no court can exercise jurisdiction. 
B)  a state court cannot take jurisdiction because the amount in controversy is less than $25,000. 
C)  a federal court cannot take jurisdiction because the amount in controversy is more than $10,000. 
D)  a federal court cannot take jurisdiction because the amount in controversy is less than $75,000.

Exam 3: Courts and Alternative Dispute Resolution

A default judgment is a judgment entered against the party who brought the claim before the court.

The United States Supreme Court has original jurisdiction in some situations.

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include

iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that

Any relevant material, except information stored electronically, can be the object of a discovery request.

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

ADR proceedings are always strictly regulated by federal statutes.

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings.

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Fact Pattern 3-1 (Questions 31-33 apply) Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1. The least expensive method of resolving the dispute between Bean and Java may be

The verdict in a summary jury trial is binding.

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

A motion for a new trial will be granted only if a constitutional issue is involved.

All states have intermediate appellate courts.

Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements

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