Question 1

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores,Inc.Natural Grocery files an appeal with the United States Supreme Court.The Court does not hear the case.This​

Accepted Answer

When the United States Supreme Court chooses not to hear a case, it is essentially upholding the lower court's decision, meaning that the Montana court's decision is now final and binding in Montana.

Question 2

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pecan Corp.is heard in an appellate court.The difference between a trial and an appellate court is whether​

Accepted Answer

Trial courts are where trials are held, involving witnesses, evidence presentation, and a determination of the facts of a case. Appellate courts, on the other hand, review the application of the law by trial courts, without holding trials themselves.

Question 3

The Kentucky Supreme Court rules against Luther in a case against Motor Cars,Inc.Luther wants to appeal the case to the United States Supreme Court.Luther must ask the Court to issue a writ of​

Accepted Answer

To appeal a case to the United States Supreme Court, one must ask the Court to issue a writ of certiorari, which orders lower courts to deliver their record of a case so that the higher court may review it. Therefore, the best choice is B)certiorari.

Question 4

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

The Supreme Court is not required to hear every case that is appealed to them. They have the discretion to choose which cases they will hear, and typically only choose cases that involve important legal issues or conflicts between circuits. Just because D'Antoni lost in lower courts does not guarantee Supreme Court review.

Question 5

Mediocrité,Inc. ,makes and sells goods that are substandard.Naomi,who has never bought or used a Mediocrité item,files a suit against the firm,alleging that its products are defective.The company's best ground for dismissal of the suit is that Naomi does not have​

Accepted Answer

Standing refers to the legal right to bring a lawsuit. In order to have standing, Naomi must show that she has suffered an injury or harm that can be remedied by the court. Since she has never purchased or used a Mediocrité item, she cannot demonstrate that she has been harmed by their products and therefore does not have standing to bring a lawsuit against the company.

Question 6

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

Accepted Answer

Carol can appeal to an appellate court, which is a higher court that reviews decisions made by lower courts. She cannot go directly to the United States Supreme Court, as the Supreme Court only hears cases that involve significant constitutional issues or conflicts between federal courts. Small claims courts are typically used for small disputes involving limited amounts of money, and would not be appropriate for most lawsuits.

Question 7

Sforza files a suit against Thieu.If this suit is like most cases,it will be​

Accepted Answer

Most cases are settled before a trial. It is often in the best interest of both parties to avoid the time and expense of going to trial and reach a settlement outside of court.

Question 8

All Bikes,Inc. ,a firm in Wisconsin,advertises on the Web.A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​

Accepted Answer

The court would be most likely to exercise jurisdiction over All Bikes if the firm did substantial business with Ohio residents over the Internet. This is because the firm would then have purposefully directed its activities towards Ohio, making it reasonably foreseeable that it could be sued in that state. The other choices do not provide a sufficient basis for jurisdiction.

Question 9

Olivia,a citizen of Nebraska,wants to file a suit against Micah,a citizen of Kansas.Their diversity of citizenship may be a basis for​

Accepted Answer

Diversity of citizenship between the parties involves citizens of different states or countries. In this case, Olivia is a citizen of Nebraska and Micah is a citizen of Kansas, which creates diversity of citizenship. This can be a basis for the federal court to exercise original jurisdiction, as long as the amount in controversy exceeds $75,000.

Question 10

Marty files a suit against Norah in a state court over an employment contract.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court.After the highest state court's review of Marty v.Norah,a party can appeal the decision to the United States Supreme Court if​

Accepted Answer

The United States Supreme Court usually only hears cases involving federal questions, not cases solely based on state law or personal disputes. Since Marty's case began in a state court, it is likely that a federal question was involved at some point, making it eligible for review by the Supreme Court.

Question 11

Stephan wins his suit against Tidewater Boats,Inc.Tidewater's best ground for appeal is the trial court's interpretation of​

Accepted Answer

The trial court's interpretation of the law that applied to the issues in the case would be Tidewater's best ground for appeal as it relates directly to the legal basis on which the court made its decision. If Tidewater believes that the court misinterpreted or misapplied the law, they could argue that the decision should be overturned. The other options (A, B, and C) relate more to factual or evidentiary issues, which would be more difficult to appeal.

Question 12

Laredo loses his suit against McLain in a North Dakota state trial court.Laredo appeals to a state intermediate court of appeals and loses again.Laredo would appeal next to​

Accepted Answer

Laredo would appeal to the North Dakota Supreme Court, as it is the highest court in the state and has the authority to review decisions from lower courts, including the intermediate court of appeals. The American Arbitration Association is a private organization that helps parties resolve disputes through alternative dispute resolution methods, such as arbitration or mediation, but it would not be the appropriate venue for an appeal in a state court case. The U.S. Court of Appeals for the Eighth Circuit would only be relevant if Laredo's case involved a federal law or constitutional issue, which is not specified in this scenario. The U.S. Supreme Court is the highest court in the country, but it generally only hears cases involving significant federal or constitutional issues, and Laredo's case appears to be a state law dispute.

Question 13

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor.Both Delia and Eduardo are residents of Georgia.Eduardo could ask for a change of venue on the ground that Georgia​

Accepted Answer

A change of venue may be requested if holding the trial in the current location would be highly inconvenient for one of the parties, causing an undue burden or expense. Since both parties are residents of Georgia, holding the trial in Florida could be highly inconvenient and expensive for Eduardo. Therefore, D is the best choice. The other options (A, B, and C) are not applicable reasons for a change of venue in this scenario.

Question 14

McHenry,a New York resident,files a suit in a New York state court against OneWorld Inc. ,a company based in California.OneWorld's only contact with McHenry is the company's app,which McHenry downloaded while traveling across the United States.According to the sliding-scale analysis,the factor most likely to confer jurisdiction on the New York court is​

Accepted Answer

The sliding-scale analysis is a framework used to determine personal jurisdiction in cases involving internet contacts. The analysis considers the nature and quality of the defendant's contacts with the forum state, the quantity of those contacts, and the relationship between the contacts and the cause of action. In this case, the only contact between McHenry and OneWorld is through the app, which was downloaded by McHenry while traveling across the United States. Therefore, the degree of interactivity via the app between McHenry and OneWorld is the most likely factor to confer jurisdiction on the New York court.

Question 15

Salina files a suit against Tanner.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party suggests or proposes a resolution,which the parties may or may not adopt.This is​

Accepted Answer

The scenario described is mediation, where a neutral third party (the mediator) assists the disputing parties in reaching a mutually acceptable agreement. Unlike arbitration, the mediator does not make a decision for the parties.

Question 16

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

Accepted Answer

Original jurisdiction refers to when a court has the authority to hear a case for the first time, as opposed to appellate jurisdiction, which involves reviewing previous decisions made by lower courts.

Question 17

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​

Accepted Answer

QuickAds's passive advertising does not establish sufficient minimum contacts with Alabama to satisfy the requirements for personal jurisdiction. Therefore, it is unlikely that the Alabama court would have jurisdiction over the case.

Question 18

First Community Credit Union and General Hydraulics.Inc. ,have their dispute resolved in arbitration.Before determining the award,the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present.If this meeting substantially prejudices General Hydraulics' rights,a court will most likely​

Accepted Answer

According to the Federal Arbitration Act, any arbitration award can be set aside by a court if there is evidence of misconduct by the arbitrator, such as a failure to allow both parties equal opportunities to present their case. In this scenario, if the arbitrator met with First Community's representative without allowing General Hydraulics to be present, it could be seen as substantial prejudice to General Hydraulics' rights and the court would have the authority to set aside the award. Therefore, the best answer choice is D.

Question 19

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

Mississippi state courts have exclusive jurisdiction over cases related to adoption within their state. The federal courts do not have jurisdiction over state adoption cases, and other state courts would not have jurisdiction over a case related to Mississippi adoption law.

Question 20

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

Accepted Answer

The court is most likely to have jurisdiction over Nick if Milo's claim arises from Nick's Web site activities, as it is through the website that substantial business with Ohio residents is conducted. If the claim has no connection to Nick's website activities or any actions of an Ohio resident, the court may not have jurisdiction over Nick.

Quiz 2: Courts and Alternative Dispute Resolution

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores,Inc.Natural Grocery files an appeal with the United States Supreme Court.The Court does not hear the case.This​

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pecan Corp.is heard in an appellate court.The difference between a trial and an appellate court is whether​

The Kentucky Supreme Court rules against Luther in a case against Motor Cars,Inc.Luther wants to appeal the case to the United States Supreme Court.Luther must ask the Court to issue a writ of​

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​

Mediocrité,Inc. ,makes and sells goods that are substandard.Naomi,who has never bought or used a Mediocrité item,files a suit against the firm,alleging that its products are defective.The company's best ground for dismissal of the suit is that Naomi does not have​

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

Sforza files a suit against Thieu.If this suit is like most cases,it will be​

All Bikes,Inc. ,a firm in Wisconsin,advertises on the Web.A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​

Olivia,a citizen of Nebraska,wants to file a suit against Micah,a citizen of Kansas.Their diversity of citizenship may be a basis for​

Stephan wins his suit against Tidewater Boats,Inc.Tidewater's best ground for appeal is the trial court's interpretation of​

Laredo loses his suit against McLain in a North Dakota state trial court.Laredo appeals to a state intermediate court of appeals and loses again.Laredo would appeal next to​

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor.Both Delia and Eduardo are residents of Georgia.Eduardo could ask for a change of venue on the ground that Georgia​

Salina files a suit against Tanner.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party suggests or proposes a resolution,which the parties may or may not adopt.This is​

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

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​

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​

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

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores,Inc.Natural Grocery files an appeal with the United States Supreme Court.The Court does not hear the case.This

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pecan Corp.is heard in an appellate court.The difference between a trial and an appellate court is whether

The Kentucky Supreme Court rules against Luther in a case against Motor Cars,Inc.Luther wants to appeal the case to the United States Supreme Court.Luther must ask the Court to issue a writ of

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

Mediocrité,Inc. ,makes and sells goods that are substandard.Naomi,who has never bought or used a Mediocrité item,files a suit against the firm,alleging that its products are defective.The company's best ground for dismissal of the suit is that Naomi does not have

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

Sforza files a suit against Thieu.If this suit is like most cases,it will be

All Bikes,Inc. ,a firm in Wisconsin,advertises on the Web.A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm

Olivia,a citizen of Nebraska,wants to file a suit against Micah,a citizen of Kansas.Their diversity of citizenship may be a basis for

Stephan wins his suit against Tidewater Boats,Inc.Tidewater's best ground for appeal is the trial court's interpretation of

Laredo loses his suit against McLain in a North Dakota state trial court.Laredo appeals to a state intermediate court of appeals and loses again.Laredo would appeal next to

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor.Both Delia and Eduardo are residents of Georgia.Eduardo could ask for a change of venue on the ground that Georgia

Salina files a suit against Tanner.Before going to trial,the parties,with their attorneys,meet to try to resolve their dispute.A third party suggests or proposes a resolution,which the parties may or may not adopt.This is

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

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

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

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