Question 1

Edie files a suit against Franz. If this suit is like most cases, it will be

Accepted Answer

Most civil cases are settled outside of court through negotiations, mediation, or arbitration. Only a small percentage actually go to trial. Therefore, the most likely outcome in Edie's case against Franz is that it will either be dismissed or settled before a trial.

Question 2

Ruth files a suit against SyCo Products, Inc. SyCo responds that even if Ruth's statement of the facts is true, according to the law SyCo is not liable. This is

Accepted Answer

A motion to dismiss argues that even if the facts presented by the plaintiff are true, there is no legal basis for a lawsuit.

Question 3

Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have

Accepted Answer

The best ground for dismissal of the suit is lack of standing, as Jack has never purchased an Inferior product and therefore cannot claim to have suffered any harm from the alleged defective products. Certiorari refers to a process of seeking review by a higher court, jurisdiction refers to the court's authority to hear the case, and sufficient minimum contacts refers to a requirement for personal jurisdiction in cases involving out-of-state parties or transactions.

Question 4

Fact Pattern 2-1 
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
-Refer to Fact Pattern 2-1. The sheriff serves Nancy with a summons. If Nancy chooses to ignore it

Accepted Answer

If Nancy chooses to ignore the summons, a default judgment will be entered in favor of Mack. No amended complaint or second summons is required at this point as Nancy has already been served.

Question 5

Fact Pattern 2-1 
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
-Refer to Fact Pattern 2-1. If Nancy responds to Mack's complaint by filing a counterclaim

Accepted Answer

If Nancy responds to Mack's complaint by filing a counterclaim, Mack will be given time to file an answer to the counterclaim. This is because a counterclaim is essentially a claim made by the defendant against the plaintiff, and the plaintiff must be given an opportunity to respond to it. The filing of a counterclaim does not automatically result in a judgment in favor of either party.

Question 6

In Federated Corporation's suit against Giganta Discount Stores, Inc., the jury returns a verdict in Federated's favor. Giganta files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

Accepted Answer

Giganta is requesting a new trial, which is the purpose of a motion for a new trial.

Question 7

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

Accepted Answer

Karl's claim against Lynn is a counterclaim because it arises out of the same transaction or occurrence that is the subject matter of Lynn's original claim.

Question 8

Seth files a suit against Trent. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is

Accepted Answer

The scenario describes a process of the parties meeting outside of court to try to resolve their dispute with the help of a third party. This is the process of mediation. Arbitration would involve a third party making a binding decision, litigation would involve going to trial, and negotiation would involve the parties trying to reach an agreement on their own without a third party's assistance.

Question 9

Fact Pattern 2-2
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.
-Refer to Fact Pattern 2-2. After its review of Kelly v. Lewis, the appellate court can

Accepted Answer

The appellate court has the power to affirm (uphold), reverse (overturn), or remand (send back) all or part of the lower court's decision. Therefore, option A is the best choice.

Question 10

Mary wins her suit against National Manufacturing Co. National's best ground for appeal is the trial court's interpretation of

Accepted Answer

The interpretation of the law that applies to the issues in the case is the best ground for appeal because it is a question of law, not fact, and therefore subject to review by a higher court.

Question 11

Fact Pattern 2-1 
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
-Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, and the court grants it

Accepted Answer

The answer of Fact Pattern 2-1 
Mack and Nancy engage...

Question 12

Connelly files a suit against Droll Digression Corporation. Droll responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Droll supports this response with witnesses' sworn statements. This is

Accepted Answer

Droll's response is a motion for summary judgment because it argues that there is no genuine dispute of material fact and that it is entitled to judgment as a matter of law based on the pleadings and supporting evidence.

Question 13

Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is

Accepted Answer

The document that sets out the grounds for the court's jurisdiction, the basis of the plaintiff's case, and the relief sought is the complaint. The answer (A) is filed by the defendant in response to the complaint, the service of process (C) is the process by which the defendant is notified of the lawsuit, and the summons (D) is the document that officially notifies the defendant of the lawsuit and requires them to appear in court.

Question 14

Cassidy wants to appeal his case against Deli Snax Corporation to the United States Supreme Court. Cassidy must ask the Court to issue a writ of

Accepted Answer

Cassidy must ask the Court to issue a writ of certiorari if he wants his case to be heard by the United States Supreme Court. A writ of certiorari is a request for the Court to review a case from a lower appellate court. It is the means by which the Supreme Court chooses which cases to hear.

Question 15

Don files a suit against Eagle Sales, Inc., in a Florida state court based on a Web site through which Florida residents can do business with Eagle. The court will likely exercise jurisdiction over Eagle if the interactivity of the site is seen as

Accepted Answer

A "substantial" connection with the state would likely be required for a Florida state court to exercise jurisdiction over Eagle Sales, Inc. The fact that the company has a Web site through which Florida residents can do business could be seen as creating a substantial connection to the state. A "neutral" or "passive" connection would likely not be sufficient for the court to exercise jurisdiction. An "Internet" connection is not a clear legal standard for determining jurisdiction.

Question 16

Fact Pattern 2-2
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.
-Refer to Fact Pattern 2-2. After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to a federal appellate court if

Accepted Answer

The only option for appealing to a federal appellate court is if the case involves a federal question. The other options given do not provide grounds for appealing to a federal court.

Question 17

Fact Pattern 2-1 
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
-Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, and the court denies it

Accepted Answer

If the court denies Nancy's motion to dismiss, she will be given more time to file another response, such as an answer to the complaint.

Question 18

Fact Pattern 2-1 
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
-Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, she is asserting that

Accepted Answer

If Nancy files a motion to dismiss, she is asserting that Mack did not state a claim for which relief can be granted. This means that Nancy believes that the complaint filed by Mack lacks sufficient legal basis and fails to identify a viable claim upon which relief can be granted.

Question 19

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

Ned could ask for a change of venue on the ground that Ohio is a more convenient location to hold the trial, as both parties are residents of Ohio.

Question 20

In Eduardo's suit against Fresco Bank, the discovery phase would include all of the following except

Accepted Answer

Eduardo's complaint would not be included in the discovery phase as it was already filed and served to Fresco Bank prior to the discovery phase. The discovery phase is used to gather information and evidence relevant to the case, and would typically include items such as depositions, requests for admissions, and interrogatories.

Quiz 2: The Courts and Alternative Dispute Resolution

Edie files a suit against Franz. If this suit is like most cases, it will be

Ruth files a suit against SyCo Products, Inc. SyCo responds that even if Ruth's statement of the facts is true, according to the law SyCo is not liable. This is

Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have

Fact Pattern 2-1 Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. -Refer to Fact Pattern 2-1. The sheriff serves Nancy with a summons. If Nancy chooses to ignore it

Fact Pattern 2-1 Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. -Refer to Fact Pattern 2-1. If Nancy responds to Mack's complaint by filing a counterclaim