Question 1

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

Accepted Answer

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 by an expert.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

In a case involving Internet transactions,jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Accepted Answer

A) True 
 B)False

Question 6

The simplest form of alternative dispute resolution is mediation.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

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

Question 8

Tyler,a citizen of Utah,files a suit in a Utah state court against SeaCoast Sales Corporation,a Washington state company that does business in Utah.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.

Question 9

The federal courts are an independent system of courts that is superior to the state courts.

Accepted Answer

A) True 
 B)False

Question 10

Cattle House Steaks,an Alabama company,enters into a contract over the phone with Beef Packing Inc. ,an out-of-state corporation.If a dispute arises,an Alabama court can exercise jurisdiction over Beef Packing

Accepted Answer

A)  under the minimum contacts test. 
B)  on the basis of a federal question. 
C)  in no circumstances. 
D)  only if Beef Packing files the suit.

Question 11

Judicial review is the process through which Congress approves or rejects judicial appointments.

Accepted Answer

A) True 
 B)False

Question 12

Gina and Harry present their case to an Idaho state court for resolution.The court defers to a different Idaho court's findings of fact in the case,and focuses on the application and interpretation of the law to the dispute.The court currently deciding Gina and Harry's dispute is

Accepted Answer

A)  an appellate court. 
B)  a trial court. 
C)  a U.S.magistrate's court. 
D)  a special inferior court.

Question 13

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer.With regard to this dispute,the two firms can

Accepted Answer

A)  any of the choices. 
B)  litigate it. 
C)  settle it between themselves. 
D)  resolve it through an alternative method,such as arbitration.

Question 14

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 can support this response with witnesses' sworn statements.Cruise should file with the court

Accepted Answer

A)  a summons. 
B)  a complaint. 
C)  a motion for summary judgment. 
D)  a motion to dismiss.

Question 15

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Accepted Answer

A) True 
 B)False

Question 16

The 1803 decision of the United States Supreme Court in the case of Marbury v.Madison established

Accepted Answer

A)  the jurisdiction of the courts. 
B)  voir dire. 
C)  the power of judicial review. 
D)  the rule of four.

Question 17

Before a lawsuit is initiated,a plaintiff should consider whether the defendant is able to pay the damages sought.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

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 20

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

Accepted Answer

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.

Exam 2: Courts and Alternative Dispute Resolution

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

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

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

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

In a case involving Internet transactions,jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

The simplest form of alternative dispute resolution is mediation.

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

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

The federal courts are an independent system of courts that is superior to the state courts.

Cattle House Steaks,an Alabama company,enters into a contract over the phone with Beef Packing Inc. ,an out-of-state corporation.If a dispute arises,an Alabama court can exercise jurisdiction over Beef Packing

Judicial review is the process through which Congress approves or rejects judicial appointments.

Gina and Harry present their case to an Idaho state court for resolution.The court defers to a different Idaho court's findings of fact in the case,and focuses on the application and interpretation of the law to the dispute.The court currently deciding Gina and Harry's dispute is

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer.With regard to this dispute,the two firms can

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 can support this response with witnesses' sworn statements.Cruise should file with the court

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

The 1803 decision of the United States Supreme Court in the case of Marbury v.Madison established

Before a lawsuit is initiated,a plaintiff should consider whether the defendant is able to pay the damages sought.

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

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

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