Question 1

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for
A) federal jurisdiction.
B) general jurisdiction.
C) limited jurisdiction.
D) universal jurisdiction.

Accepted Answer

The diversity of citizenship between Laney (a resident of Maine, United States) and Delacorte (a Canadian) establishes federal jurisdiction under 28 U.S.C. § 1332. This is because the dispute involves an amount in controversy of more than $75,000 and is between citizens of different states (or countries in this case).

Question 2

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
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.

Accepted Answer

The diversity of citizenship between the parties (Fresh Harvest Company in Georgia and Jack in North Carolina) allows for both federal and state courts to have jurisdiction. This is because the parties are from different states, and the amount in controversy in the suit is likely to be greater than $75,000, which satisfies the requirements for diversity jurisdiction under 28 U.S. Code § 1332. Therefore, federal and state courts would have concurrent jurisdiction on this matter.

Question 3

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.

Accepted Answer

Federal cases originate in federal district courts, as they have jurisdiction over cases that involve federal laws, United States Constitution, or disputes between citizens of different states. Federal courts of appeals and the United States Supreme Court hear appeals from the district courts, but they do not initially hear cases. State trial courts only have jurisdiction over cases that involve state laws and disputes between citizens of the same state.

Question 4

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

Accepted Answer

Family law, including adoption cases, is typically under the exclusive jurisdiction of state courts, not federal courts.

Question 5

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.

Accepted Answer

The next appropriate step after losing the appeal at the state court of appeals is to appeal to the highest court in the state, which is the Minnesota Supreme Court. Option A does not make sense as the U.S. district court does not have jurisdiction over state trial court decisions. Option C is also not appropriate as the United States Supreme Court primarily hears cases that involve federal law or constitutional issues. Option D may be a possibility, but only if the case involves a federal question or diversity jurisdiction.

Question 6

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.

Accepted Answer

Small claims courts handle cases involving small amounts of money and disputes between individuals. In this case, the amount in dispute is $2,000, which would likely fall within the jurisdiction of a small claims court.

Question 7

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.

Accepted Answer

Karl's claim is a counterclaim because it is a claim made by the defendant (Karl) against the plaintiff (Lyn) in response to the plaintiff's original complaint. A counterclaim is a separate and distinct cause of action that can be addressed in the same lawsuit. A contrary charge, counterpoint, and cross complaint are not commonly used legal terms.

Question 8

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 exercise 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.

Accepted Answer

The answer of Jo files a suit against Lara in...

Question 9

Uma wants to initiate a suit against Valley Vacation Tours 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 Uma is entitled to relief.

Accepted Answer

A complaint should include a statement of the facts necessary to show the plaintiff is entitled to relief. This includes the relevant details of the case, such as the parties involved, the alleged wrongdoing, and the damages being sought. The complaint is not the place to refute potential defenses raised by the defendant or to file motions such as a motion for summary judgment or a motion to dismiss.

Question 10

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. 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.

Accepted Answer

Original jurisdiction means that the court is hearing the case for the first time, rather than on appeal from a lower court.

Question 11

The Arizona 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.

Accepted Answer

Jennifer must ask the United States Supreme Court to issue a writ of certiorari. This is the typical method for appealing a state court judgment to the U.S. Supreme Court. A writ of appeal and summons are not correct choices because they do not exist as procedures for appeals to the U.S. Supreme Court. Jurisdiction is not the correct choice because it refers to a court's authority to hear a case, not a procedural mechanism for initiating an appeal.

Question 12

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.

Accepted Answer

Carol can appeal the decision to an appellate court. This means that she can ask a higher court to review the decision made by the trial court. She cannot take her case any higher than the highest court of appeals in the state court system, unless there are federal issues involved that could be appealed to a federal court. She also cannot choose to have her case heard by a small claims court, as that is a court for small, simple cases only.

Question 13

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds 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.

Accepted Answer

The complaint and answer are collectively known as the pleadings, which lay out the claims and defenses in a lawsuit. Choice A, a motion to dismiss, is a separate type of motion that can be filed by either party, seeking to have the case dismissed before it goes to trial. A summons is issued to the defendant to appear in court and respond to the complaint, but it is not part of the pleadings. A writ of certiorari is an order from a higher court to a lower court to send up the record of a case for review, but it is not relevant to the initiation of a lawsuit.

Question 14

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
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.

Accepted Answer

If Nick operates a website through which Ohio residents have done substantial business with him, it is likely that he has purposefully availed himself of the privilege of conducting business in Ohio. As a result, he would be subject to the jurisdiction of Ohio courts in cases related to his web site activities. Therefore, Milo's claim arising from Nick's web site activities would be the most likely to give the court jurisdiction over Nick.

Question 15

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.

Accepted Answer

QuickAds's passive advertising does not establish sufficient minimum contacts with Alabama to subject them to jurisdiction in an Alabama court.

Question 16

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
A) has a sufficient stake in the matter.
B) has jurisdiction.
C) has sufficient minimum contacts with the parties.
D) is a more convenient location to hold the trial.

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 and it would be more practical and cost-effective for them to have the trial in their home state. The other options are not relevant to a change of venue request.

Question 17

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 requirements
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.

Accepted Answer

For federal diversity jurisdiction, the amount in controversy must exceed $75,000. Therefore, a federal court cannot take jurisdiction in this case. However, a state court may have jurisdiction depending on its own rules regarding jurisdiction and the amount in controversy.

Question 18

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.

Accepted Answer

The appellate court will likely consider whether the trial court's finding of fact was clearly erroneous since there is no evidence to support Martha's claim of injury. The fact that the award amount is $1 million is irrelevant to the question of whether the finding of fact was clearly erroneous or not.

Question 19

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.

Accepted Answer

The Supreme Court agrees to hear cases based on the rule of four, which means at least four justices must agree to hear the case. This does not necessarily indicate that the lower court was wrong or that there is an amount in controversy of over $100,000 or an important constitutional question at hand.

Question 20

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.

Accepted Answer

The answer of Jason files a suit against Maybelline. If...

Quiz 3: Courts and Alternative Dispute Resolution

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for

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

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

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

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

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

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 exercise jurisdiction, the issue is whether Lara, through her ad, has

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that

The Arizona 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

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

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

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

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

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

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 requirements

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

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