Deck 3: The Courts and Alternative Dispute Resolution

Question 1

The U.S.Tax Court is a trial court with original jurisdiction.

Answer 1

True

Question 2

Lawyers are not allowed to represent people in small claims courts in any of the states.

Answer 2

False

Question 3

Federal courts are superior to state courts.

Answer 3

False

Question 4

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

Question 5

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

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.

Question 7

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

Question 8

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

Question 9

State courts cannot have exclusive jurisdiction.

Question 10

All states have intermediate appellate courts.

Question 11

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

Question 12

U.S.district courts have original jurisdiction in federal matters.

Question 13

There are 12 justices on the United States Supreme Court and they all receive life-time appointments.

Question 14

Small claims courts hear both civil and criminal cases.

Question 15

A defendant is the party against whom a lawsuit is brought.

Question 16

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.

Question 17

American courts follow the adversary system of justice.

Question 18

There is at least one federal district court in every state.

Question 19

Diversity of citizenship cases are only those arising between a foreign country and citizens of a state.

Question 20

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

Question 21

Milo files a suit against Nick in an Ohio state court,noting that Nick op?erates a Web site through which Ohio residents have done substan?tial business with him.The court is most likely to have jurisdiction over Nick if Milo's claim arises from

A)anything an Ohio resident has done.
B)Nick's Web site activities.
C)nothing an Ohio resident has done.
D)something other than Nick's Web site.

Question 22

At every stage of a trial,either party can file a motion to dismiss the case.

Question 23

An appellant is the party who appeals to an appellate court.

Question 24

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

Question 25

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

Question 26

A summary judgment is granted only if there is no genuine question of law.

Question 27

Interrogatories are written questions for which written answers are prepared and signed under oath.

Question 28

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

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 29

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)

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

Question 30

ADR proceedings are always strictly regulated by federal statutes.

Question 31

If a party refuses to cooperate with a discovery request, the court can compel the party to comply with the requests by a certain date.

Question 32

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

Question 33

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

Question 34

Arbitration is always legally binding.

Question 35

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

Question 36

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

Question 37

A deposition is a generic term that refers to any evidence verified by oath.

Question 38

Eve wants to file a suit against Fred.For a court to hear the case

A)Fred must agree.
B)the court must have jurisdiction.
C)the court must issue a deposition.
D)the parties must own property.

Question 39

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

Question 40

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

Question 41

Jack and Jill,citizens of Montana,are involved in a case related to the adoption of their child.The Montana state courts

A)have concurrent jurisdiction with federal courts over this case.
B)have original jurisdiction over this case.
C)have exclusive jurisdiction over this case.
D)do not have jurisdiction for over case.

Question 42

Emil wants to initiate a suit against Fast Credit Company by filing a com?plaint.The complaint should include

A)an explanation of the proof to be offered at trial.
B)a motion for judgment on the pleadings.
C)a writ of certiorari.
D)a statement of the grounds for the court to exercise jurisdiction.

Question 43

Inferior Company,which is based on South Carolina,makes and sells prod?ucts that are poorly made.Jack,who is a resident of North Carolina,buys an Inferior product and suffers an injury through its use.The diversity of citi?zenship between these parties means that

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 44

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Percy is heard in an appellate court.The difference be?tween a trial and an appellate court is whether

A)a trial is being held.
B)the court is appealing.
C)the parties question how the law applies to their dispute.
D)the subject matter of the case involves complex facts.

Question 45

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)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 46

The Indiana Supreme Court rules against Jennifer in a case against Kut Rate Stores,Inc.Jennifer wants to appeal her case to the United States Supreme Court.She must ask the Court to issue a writ of

A)appeal.
B)certiorari.
C)jurisdiction.
D)summons.

Question 47

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)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 48

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

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 49

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

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.

Question 50

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

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

Question 51

Tyler,a citizen of Utah,files a suit in a Utah state court against Veritas Sales Corporation,a Washington state company that does business in Utah.The court has original jurisdiction,which means that

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 52

Lora is a resident of Illinois.Ned is a Canadian.They dispute the ownership of a boat docked in a Michigan harbor.This diversity of citizenship could serve as a basis for

A)federal jurisdiction.
B)general jurisdiction.
C)limited jurisdiction.
D)universal jurisdiction.

Question 53

Ula wants to initiate a suit against Valley Farms by filing a complaint.The complaint should include

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 Ula is entitled to relief.

Question 54

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

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 55

Rena wants to bring a case against the United States of America.

A)Both federal and state courts have jurisdiction over Rena's case.
B)Neither a federal nor a state court has jurisdiction over Rena's case.
C)Only a federal court has jurisdiction over Rena's case.
D)Only a state court has jurisdiction over Rena's case.

Question 56

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

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 57

Bill wants the United States Supreme Court to hear his case.Bill must request

A)a record of the case for review.
B)a writ of certiorari.
C)a summons.
D)a summary judgment.

Question 58

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

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

Question 59

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

A)federal courts of appeals.
B)federal district courts.
C)state trial courts.
D)the United States Supreme Court.

Question 60

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

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.

Question 61

Solar Power,Inc.,files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder's possession.A legitimate reason for this examination is that the documents contain

A)evidence about the case.
B)private information about Thunder's operations.
C)public information about energy generation.
D)irrelevant data that can be eliminated from consideration.

Question 62

In Kettle Cafe's suit against Food Services,Inc.,the court issues a judgment in Kettle's favor.The judgment can be appealed to an appropriate court of appeals by

A)either party.
B)Kettle only.
C)Food Service only.
D)neither party.

Question 63

Which of the following is NOT a type of ADR?

A)Negotiation
B)Mediation
C)Arbitration
D)A civil lawsuit

Question 64

Lyn files a suit against Karl.Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach.Karl's claim is

A)a contrary charge.
B)a counterclaim.
C)a counterpoint.
D)a cross complaint.

Question 65

Jason files a suit against Maybelline.If Maybelline fails to respond,Jason

A)must appeal the case to a different court.
B)must refile the suit in the same court.
C)will be awarded the remedy sought.
D)will have a default judgment entered against him.

Question 66

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC),and wins.BSC appeals the court's decision,as?sert?ing that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff.There?fore,argues BSC,the appellate court should reverse the trial court's de?ci?sion.Is the appellate court likely to reverse the trial court's findings with re?spect to the facts? If not,why not? What are an appellate court's options after re?viewing a case?

Question 67

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

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

Question 68

Jason and Thomas have a dispute.Instead of taking a lawsuit to court,Jason and Thomas present their dispute to a third party who then makes a legally binding decision regarding the dispute.Jason and Thomas have settled their dispute through

A)negotiation.
B)arbitration.
C)mediation.
D)online dispute resolution.

Question 69

During a trial between Gene and Homer over the use of Gene's lakeside vacation cabin,Gene's attorney asks questions of the plaintiff's witness Illya.This is

A)a cross-examination.
B)a deposition.
C)a direct examination.
D)an interrogatory.

Question 70

Quality Products,Inc.,files a suit against Retail Sales Corporation.Sid is a witness for Quality.Tod is a witness for Retail.Quality may direct interroga?tories to

A)Retail.
B)Sid.
C)Tod.
D)the judge.

Question 71

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 pur?pose are each of these motions made?

Question 72

During a trial between Laramie and Mikayla over a sale of allegedly dis?eased livestock,Mikayla's attorney asks questions of the plaintiff's witness Nilson.This is

A)a cross-examination.
B)a deposition.
C)a direct examination.
D)an interrogatory.