Question 1

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 ex?ercise 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 2

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference be?tween a trial and an appellate court is whether
A) the proceedings focus on the presentation of evidence and the examination of witnesses.
B) the court is appealing.
C) the parties question how the law applies to their dispute.
D) the subject matter of the case involves complex facts.

Accepted Answer

A trial court is where a case is initially heard and evidence is presented, witnesses are examined, and a verdict is reached. An appellate court, on the other hand, reviews decisions made by lower courts to determine if there were any errors in the interpretation or application of the law. In appellate courts, the parties question how the law applies to their dispute, rather than presenting evidence or examining witnesses. The complexity of the subject matter or facts involved in a case does not determine whether it is heard in a trial or an appellate court.

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, which are trial courts at the federal level where civil and criminal cases are heard.

Question 4

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 U.S. Supreme Court to issue a writ of certiorari, which is a discretionary order by the Court agreeing to hear a case on appeal. Option A is incorrect because the term "appeal" alone is not specific enough. Option C is incorrect because jurisdiction refers to a court's power to hear a particular case, not a writ of appeal. Option D is incorrect because a summons is a legal document that orders someone to appear in court, not a writ of appeal.

Question 5

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) 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

The fact that Nick operates a website through which Ohio residents have done substantial business with him provides a basis for the court to have jurisdiction over him. Therefore, the court is most likely to have jurisdiction over Nick if Milo's claim arises from Nick's Web site activities. Option A is incorrect because it is too broad and could include claims that do not involve Nick or his website. Option C is incorrect because it does not provide a basis for the court to have jurisdiction over Nick. Option D is also incorrect as it does not account for the fact that Nick's website activities have established a connection to Ohio.

Question 6

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 or as a result of another court's decision.

Question 7

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

If Carol loses her case in a state trial court, she can appeal the decision to an appellate court. This allows an additional level of review and potentially a different outcome. However, she cannot take her case any higher than the state's highest court. Small claims court would not be an option as it is typically for cases with lower monetary value and is not an appellate court. Insisting that the US Supreme Court hear her case would only be an option if there were federal law implications or constitutional issues involved in the case.

Question 8

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

A counterclaim is a claim made by a defendant in response to the plaintiff's complaint. It is a separate claim but is related to the original lawsuit. In this case, Karl is making a counterclaim against Lyn for breaching their contract and owes him money.

Question 9

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 step in the appeals process would be to appeal to the highest court in the state, which is the Minnesota Supreme Court. The other options listed do not apply in this situation, as the case was not a federal matter and did not involve constitutional issues that would warrant review by the United States Supreme Court or a federal court. The U.S. Court of Appeals for the Eighth Circuit would also not be involved since the case did not originate in federal court.

Question 10

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 11

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 receives thousands of petitions each year, but only agrees to hear a small percentage of them. In order for the Court to hear a case, at least four justices must vote to grant certiorari (i.e. agree to hear the case). Therefore, choice A is correct. The other choices are incorrect because they do not accurately describe the criteria the Court uses to decide whether to hear a case. The possibility of an important constitutional question and the amount in controversy can be factors the Court considers, but they are not the only or even the most important factors. The Court may also grant certiorari because it wants to clarify the law, because there is a split among the lower courts on an important issue, or for other reasons. Similarly, the Court may not feel that the lower courts' judgments were erroneous, but may be interested in hearing the case for other reasons.

Question 12

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 has the authority to modify the trial court's finding of fact if it is clearly erroneous. In this case, there is no evidence that Martha was injured in the accident, which suggests the trial court made an error in its finding of fact. Therefore, the appellate court is likely to modify the trial court's decision. Option A is incorrect because appellate courts may review questions of fact, although they review them on a limited basis. Option C is incorrect because the award amount is not a factor in determining whether the appellate court will modify the decision. Option D is incorrect because the award amount is not relevant to the decision.

Question 13

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

Since QuickAds only has passive advertising in Alabama and no other significant contacts with the state, it is not likely that an Alabama court would have jurisdiction over the case.

Question 14

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...

Question 15

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 to Ohio since it is a more convenient location to hold the trial, as both parties are residents of Ohio. The other options (A, B, and C) are not valid grounds for requesting a change of venue.

Question 16

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

The answer of Jack and Jill, citizens of Vermont, are...

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

Under diversity of citizenship requirements, a federal court can take jurisdiction only if the amount in controversy is more than $75,000. Therefore, choice D is the correct answer.

Question 18

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

The complaint should include a statement of the facts necessary to show Uma is entitled to relief. This includes outlining the legal basis for Uma's claim and the specific actions of the defendant that caused harm to Uma. Refuting any defense or making a motion for summary judgment or dismissal would come later in the legal process.

Question 19

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which re?sponds 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 the initial pleadings in a lawsuit. They outline the facts and legal claims of each party and set the stage for further proceedings in the case. Option A is incorrect as a motion to dismiss is a separate type of filing that may come later in the case. Option B is incorrect as a summons is a separate document that is served on the defendant along with the complaint. Option C is incorrect as a writ of certiorari is a type of order issued by a higher court to review the decision of a lower court.

Question 20

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 a resident of Maine (U.S.) and a Canadian (non-U.S.) could serve as a basis for federal jurisdiction under 28 U.S. Code § 1332, which allows for diversity of citizenship cases to be heard in federal court if the amount in controversy exceeds $75,000.

Quiz 3: Courts and Alternative Dispute Resolution

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 ex?ercise jurisdiction, the issue is whether Lara, through her ad, has

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference be?tween a trial and an appellate court is whether

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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