Question 1

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.

Question 2

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

Accepted Answer

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 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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.

Question 6

Small claims courts hear both civil and criminal cases.

Accepted Answer

A) True 
 B)False

Question 7

David,an Alabama resident,files a suit in an Alabama court against QuickAds,an Internet company based in Georgia that provides advertising services.QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising.In this case,the Alabama court most likely

Accepted Answer

A) has jurisdiction. 
B) does not have jurisdiction. 
C) has concurrent jurisdiction with a Georgia state court. 
D) has concurrent jurisdiction with a federal court.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

Question 10

Any judgment is enforceable.

Accepted Answer

A) True 
 B)False

Question 11

Negotiation is the most complex form of alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 12

Fresh Harvest Company,which is based on Georgia,packages and sells vegetables.Jack,who is a resident of North Carolina,buys a Fresh Harvest product,eats it,and suffers severe food poisoning.Jack wants to file a suit against Fresh Harvest.The diversity of citizenship between these parties means that

Accepted Answer

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 13

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.

Question 14

Fact Pattern 2-1
Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-1.If Bean and Java have a long-standing business relationship that they would like to continue,they may prefer to set-tle their dispute through mediation because

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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.

Question 17

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.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

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

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 2: Courts and Alternative Dispute Resolution

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

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

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

Small claims courts hear both civil and criminal cases.

David,an Alabama resident,files a suit in an Alabama court against QuickAds,an Internet company based in Georgia that provides advertising services.QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising.In this case,the Alabama court most likely

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

Any judgment is enforceable.

Negotiation is the most complex form of alternative dispute resolution.

Fresh Harvest Company,which is based on Georgia,packages and sells vegetables.Jack,who is a resident of North Carolina,buys a Fresh Harvest product,eats it,and suffers severe food poisoning.Jack wants to file a suit against Fresh Harvest.The diversity of citizenship between these parties means that

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

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Bean and Java have a long-standing business relationship that they would like to continue,they may prefer to set-tle their dispute through mediation because

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

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

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

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

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