Deck 3: The Courts and Our Legal System

Question 1

State trial courts have either general or limited jurisdiction.

Answer 1

True

Question 2

A motion for summary judgment asserts that there are no disputed issues of fact that would necessitate a trial.

Answer 2

True

Question 3

The United States Supreme Court must review nearly all cases that are appealed to it.

Answer 3

False

Question 4

The minimum-contacts requirement is usually met if a corporation has an ongoing business relationship with a party within a state, as shown by frequent transactions.

Question 5

Jurisdiction refers to the right of a citizen to bring a case before a court.

Question 6

Appellate courts typically review a case on appeal in order to determine whether the trial court committed an error.

Question 7

A default judgment is a judgment against neither party to a case.

Question 8

A federal question can be an issue of law based on the Constitution.

Question 9

Any court can exercise jurisdiction over any property wherever it is located.

Question 10

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Question 11

The role of the courts is to apply the law, whatever its source, to a given set of facts.

Question 12

Most federal cases originate in federal district courts.

Question 13

A deposition elicits sworn testimony by the opposing party or any witness and is recorded by an authorized court official.

Question 14

Procedural law establishes the rules and standards for determining disputes in courts.

Question 15

A complaint includes a short statement of facts that show the party filing the complaint is legally entitled to a remedy.

Question 16

A plaintiff is a person against whom a suit is brought.

Question 17

A j udge granting a motion to dismiss against the plaintiff is saying that the plaintiff has failed to state a recognized cause of action.

Question 18

The decisions of the U.S. courts of appeals cannot be appealed further .

Question 19

Federal jurisdiction does not extend to cases involving diversity of citizenship .

Question 20

Under a state long-arm statute, a court can exercise jurisdiction over certain out-of-state defendants .

Question 21

Negotiation requires the use of a neutral third party to facilitate a settlement.

Question 22

State trial courts that are called county, district, superior, or circuit courts are most likely to have

A) appellate jurisdiction.
B) general jurisdiction.
C) limited jurisdiction.
D) no jurisdiction.

Question 23

In arbitration, an arbitrator hears a dispute and renders a decision resolving the dispute.

Question 24

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Question 25

The first step in a lawsuit is the filing of the compliant by the plaintiff or the plaintiff's attorney.

Question 26

After a trial begins, only a defendant can file a motion to dismiss.

Question 27

An appellate court may affirm or reverse a lower court's decision.

Question 28

All trials must have a jury of one's peers in order to be legally valid.

Question 29

A posttrial motion can be made to set aside the verdict and hold a new trial.

Question 30

A party who appeals is known as the appellee , or respondent.

Question 31

Only the losing party can appeal a trial court's judgment to the appropriate court of appeals .

Question 32

An arbitrator's award is usually the final word on a matter.

Question 33

A Texas state court can exercise jurisdiction over an out-of-state company if the company has

A) minimum contacts with Texas.
B) contacts with citizens of Texas through a website with no interactivity.
C) contacts with a foreign state.
D) contacts with any state.

Question 34

Alternative dispute resolution includes using formal judicial processes such as a trial to resolve disputes.

Question 35

Most online dispute resolution forums apply the law of specific jurisdictions rather than general or universal legal principles.

Question 36

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

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

Question 37

Questioning an opposing party's witness during a trial is known as cross-examination .

Question 38

A court of appeals generally receives evidence presented at the trial court as well as new evidence presented during the appeal.

Question 39

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

A) minimum contacts between Honi and any Iowa resident.
B) substantial business between Jean and Honi through Honi's website.
C) passive advertising on Honi's website.
D) the Internet's capacity to bypass boundaries.

Question 40

For a court to hear a case,

A) the parties 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 41

The plaintiff in Max v. National Credit Co . l oses her case at the trial court and appeals an issue of state law. The plaintiff loses at the highest appellate court in the state. The plaintiff

A) cannot pursue the appeal further.
B) can appeal to the state trial court.
C) can appeal to the United States Supreme Court.
D) can appeal if the matter depends on complex facts.

Question 42

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

A) cannot appeal the trial court's decision because it is considered final .
B) can insist that the United States Supreme Court hear her case .
C) can appeal to the state appellate court .
D) can appeal to a new trial court .

Question 43

Martin files a lawsuit against his town alleging that town officials violated his First Amendment rights to free speech. Martin can

A) file his case in federal court because federal courts have jurisdiction over cases involving the Constitution.
B) file his case in state court because issues involving towns are state questions.
C) file his case before the National First Amendment Board.
D) file his case only if concurrent jurisdiction exists between state and federal courts.

Question 44

Tyler, a citizen of Utah, files a lawsuit in federal court against MegaCorp. Tyler's claim is based upon a violation of federal law . The federal district court has original jurisdiction, which means that

A) federal cases usually originate in federal district courts.
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 45

Neville files a suit against Olina. In order to avoid a default judgement, Olina must

A) file a motion for summary judgment.
B) countersue within thirty days of receiving the complaint.
C) deny all facts Neville asserted.
D) file a motion to dismiss or an answer.

Question 46

Fabrication, Inc., makes steel forms that are substandard. Geo Manufacturing Company has never bought or used a Fabrication form, but files a suit against the firm, alleging that its products are defective. Fabrication's best ground for dismissal of the suit is that Geo does not have

A) discovery.
B) exclusive jurisdiction.
C) standing to sue.
D) minimum contacts.

Question 47

Petro Fuel files a suit in a state court against Quality Gas. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the appellate court

A) re-hears the evidence presented in the lower court.
B) reviews the record for errors of law.
C) files briefs with the attorneys of the parties for both sides.
D) hears motions for summary judgment depending on the facts of the case.

Question 48

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

A) Downwind does not have a valid defense.
B) the case can be disposed of without a trial.
C) the solvency of Downwind is in question.
D) Commercial is legally entitled to a remedy.

Question 49

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

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

Question 50

Grain Farms, Inc., files a suit against Harvest Services. The document that informs Harvest that it must file an answer within a specified time period is

A) the answer.
B) the complaint.
C) the motion to dismiss.
D) the summons.

Question 51

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

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.

Question 52

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,

A) Isabel must file an amended complaint.
B) Isabel will have a default judgment entered in her favor.
C) Josh must be served with a second summons.
D) Josh will have a default judgment entered in his favor.

Question 53

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is

A) not required to hear the case.
B) required to hear the case because D'Antoni lost in a federal court.
C) required to hear the case because D'Antoni lost in a lower court.
D) required to hear the case because it is an appeal.

Question 54

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

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 55

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for

A) no court to exercise jurisdiction.
B) a federal court to exercise jurisdiction.
C) any court to exercise jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.

Question 56

Beth files a suit against Cruise Line, Inc. Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Cruise supports this response with witnesses' sworn statements. This is

A) cross-examination.
B) direct examination.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 57

Ovid files a suit against Portia, alleging that she failed to pay him for goods shipped in response to an e-mail order. Portia denies the charge. If her e-mail order exists, it is

A) e-evidence.
B) a deposition.
C) an interrogatory.
D) discovery.

Question 58

Quint files a suit against Ranchland Corporation. Ranchland responds that even if Quint's statement of the facts is true, according to the law Ranchland is not liable. This is

A) a deposition.
B) a request for an admission of the truth of matters relating to the trial.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 59

John sues Lark Manufacturing, claiming that Lark Manufacturing polluted John's land through release of toxic liquids. Lark Manufacturing wants to enter John's property to assess the claimed damage. Lark Manufacturing can

A) gain "entry upon land" to inspect premises relevant to the case during discovery.
B) request access to John's land once the trial is complete.
C) assert in rem jurisdiction over John's land in order to access it.
D) only receive information from John about his land and cannot trespass upon it.

Question 60

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

A) appellate jurisdiction.
B) general jurisdiction.
C) limited jurisdiction.
D) no jurisdiction.

Question 61

Brick n' Mortar Inc. and Colin agree to resolve a dispute in arbitration. The arbitrator meets with Brick's representative to discuss the matter without Colin's representative being present. If this substantially prejudices Colin's rights, a court will most likely

A) dismiss the dispute.
B) review the record of the case.
C) file a complaint against the arbitrator.
D) set aside any award.

Question 62

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

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

Question 63

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

A) the case will be heard by a jury.
B) the dispute will eventually go to trial.
C) the process is not as adversarial as litigation.
D) the resolution of the dispute will be decided an expert.

Question 64

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies

A) general, universal legal principles.
B) the provisions of the Federal Arbitration Act.
C) jurisprudence developed by the United Nations.
D) the law of California (or another specific U.S. jurisdiction).

Question 65

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

A) arbitration.
B) mediation.
C) negotiation.
D) mini-trial.

Question 66

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

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

Question 67

SPF Sunscreen Corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator's decision is usually

A) a recommendation to the parties.
B) the basis of a future lawsuit.
C) the final word on the dispute.
D) the same as a judge's verdict.

Question 68

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

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 69

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the trial judge committed errors of law. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings regarding its legal conclusions? If not, why not? What are an appellate court's options after reviewing a case?

Question 70

Giles is a tenant in Home Suite Home, an apartment building owned by Italo. Giles is injured when he falls in an unlighted stairwell in the building. Giles asks Italo to cover his medical expenses. Italo refuses to admit that Giles's injury resulted from a fall in the stairwell, or that Italo should assume liability for the cost. Unable to negotiate a settlement, Giles wants to file a suit against Italo. What pleading begins a suit? What must it contain? How is a defendant notified of a suit? Once the defendant is notified, what must he or she do?

Question 71

Service Employees International Union and Timberline Products, Inc., have their dispute 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

A) none of the choices.
B) dismiss the dispute.
C) review the record of the case.
D) set aside the award.

Question 72

Renee files a suit against Travis. Both agree to submit their dispute to mediation. The mediator proposes a resolution to their dispute. Travis agrees to the proposal but Renee does not. Renee

A) must accept the proposal as binding.
B) does not have to accept the proposal.
C) must continue to negotiate for at least thirty days before rejecting the proposal.
D) can have the case transferred to an appellate court.