Question 1

Federal courts are superior to state courts.

Accepted Answer

A) True 
 B)False  False

Question 2

There is one set of procedural rules for federal courts and one set for state courts.

Accepted Answer

A) True 
 B)False  False

Question 3

There are twelve justices on the United States Supreme Court and they all receive life-time appointments.

Accepted Answer

A) True 
 B)False  False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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 6

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion may

Accepted Answer

A)  monitor any arbitration until it concludes. 
B)  order an arbitrator to rule in a particular way. 
C)  order a party to bring the dispute to court. 
D)  order a party to submit to arbitration. 
A)  monitor any arbitration until it concludes. 
B)  order an arbitrator to rule in a particular way. 
C)  order a party to bring the dispute to court. 
D)  order a party to submit to arbitration.

Question 7

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

Accepted Answer

A)  has a sufficient stake in the matter. 
B)  has jurisdiction. 
C)  has sufficient minimum contacts with the parties. 
D)  is a more convenient location to hold the trial. 
A)  has a sufficient stake in the matter. 
B)  has jurisdiction. 
C)  has sufficient minimum contacts with the parties. 
D)  is a more convenient location to hold the trial.

Question 8

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

Accepted Answer

A)  not at all. 
B)  until the ODR service has issued a decision. 
C)  with respect to any dispute arising between them. 
D)  with respect to this dispute only. 
A)  not at all. 
B)  until the ODR service has issued a decision. 
C)  with respect to any dispute arising between them. 
D)  with respect to this dispute only.

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which re?sponds with an answer. Together, the complaint and answer are

Accepted Answer

A)  a motion to dismiss. 
B)  a summons. 
C)  a writ of certiorari. 
D)  the pleadings. 
A)  a motion to dismiss. 
B)  a summons. 
C)  a writ of certiorari. 
D)  the pleadings.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, 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.

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

Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likely

Accepted Answer

A)  not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. 
B)  modify the trial court's finding of fact because the finding was clearly erroneous. 
C)  modify the trial court's finding of fact because the award amount was more than $25,000. 
D)  modify the trial court's finding of fact because the award amount was less than $5 million. 
A)  not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. 
B)  modify the trial court's finding of fact because the finding was clearly erroneous. 
C)  modify the trial court's finding of fact because the award amount was more than $25,000. 
D)  modify the trial court's finding of fact because the award amount was less than $5 million.

Question 15

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 ex?ercise 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 16

A court's review of an arbitrator's award may be restricted.

Accepted Answer

A) True 
 B)False

Question 17

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 18

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)

Accepted Answer

A)  long arm statute. 
B)  in personam statute. 
C)  in rem statute. 
D)  out-of-state jurisdiction statute. 
A)  long arm statute. 
B)  in personam statute. 
C)  in rem statute. 
D)  out-of-state jurisdiction statute.

Question 19

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

Accepted Answer

A)  an assessment of the validity of the arguments for both parties. 
B)  a determination of the issues to be argued before the court. 
C)  the trial. 
D)  the selection of jurors. 
A)  an assessment of the validity of the arguments for both parties. 
B)  a determination of the issues to be argued before the court. 
C)  the trial. 
D)  the selection of jurors.

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

Federal courts are superior to state courts.

There is one set of procedural rules for federal courts and one set for state courts.

There are twelve justices on the United States Supreme Court and they all receive life-time appointments.

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

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

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju?ris?dic?tion may

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

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

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which re?sponds with an answer. Together, the complaint and answer are

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

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

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

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 ex?ercise jurisdiction, the issue is whether Lara, through her ad, has

A court's review of an arbitrator's award may be restricted.

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.

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

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

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Torts and Cyber Torts

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