Question 1

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

Accepted Answer

A)  a U.S. district court. 
B)  the Minnesota Supreme Court. 
C)  the United States Supreme Court. 
D)  the U.S. Court of Appeals for the Eighth Circuit. 
A)  a U.S. district court. 
B)  the Minnesota Supreme Court. 
C)  the United States Supreme Court. 
D)  the U.S. Court of Appeals for the Eighth Circuit. B

Question 2

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

Accepted Answer

A)  a small claims court. 
B)  a domestic relations court. 
C)  a municipal court. 
D)  a probate court. 
A)  a small claims court. 
B)  a domestic relations court. 
C)  a municipal court. 
D)  a probate court. A

Question 3

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

Accepted Answer

A) True 
 B)False  False

Question 4

State courts cannot have exclusive jurisdiction.

Accepted Answer

A) True 
 B)False

Question 5

Fact Pattern 3-1 
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

Accepted Answer

A)  arbitration. 
B)  conciliation. 
C)  intervention. 
D)  mediation. 
A)  arbitration. 
B)  conciliation. 
C)  intervention. 
D)  mediation.

Question 6

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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 9

Arbitration is always legally binding.

Accepted Answer

A) True 
 B)False

Question 10

Fact Pattern 3-1 
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 dis?pute 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 11

In mediation, the mediator proposes a solution that includes what com?pro?mises are necessary to reach an agreement.

Accepted Answer

A) True 
 B)False

Question 12

Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court agrees to hear the case. This means that

Accepted Answer

A)  at least four justices approve of hearing the case. 
B)  Cathy's petition does not raise a possibility of an important constitutional question. 
C)  the amount in controversy in Cathy's suit is greater than $100,000. 
D)  the Court feels that the lower courts' judgments were erroneous. 
A)  at least four justices approve of hearing the case. 
B)  Cathy's petition does not raise a possibility of an important constitutional question. 
C)  the amount in controversy in Cathy's suit is greater than $100,000. 
D)  the Court feels that the lower courts' judgments were erroneous.

Question 13

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Accepted Answer

A) True 
 B)False

Question 14

Carol files a suit against Andy in a state trial court and loses. Carol

Accepted Answer

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. 
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.

Question 15

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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

Accepted Answer

A) True 
 B)False

Question 18

Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states.

Accepted Answer

A) True 
 B)False

Question 19

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 20

An answer never admits to the allegations made in a complaint.

Accepted Answer

A) True 
 B)False

Exam 3: Courts and Alternative Dispute Resolution

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

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

State courts cannot have exclusive jurisdiction.

Fact Pattern 3-1 Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

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

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

Arbitration is always legally binding.

Fact Pattern 3-1 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 dis?pute between Bean and Java may be

In mediation, the mediator proposes a solution that includes what com?pro?mises are necessary to reach an agreement.

Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court agrees to hear the case. This means that

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Carol files a suit against Andy in a state trial court and loses. Carol

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet.

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

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

Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states.

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

An answer never admits to the allegations made in a complaint.

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