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

The appellate court will review the trial court's findings of fact for clear error. Since there is no evidence that Martha was injured in the accident, the trial court's finding of fact that she was injured is clearly erroneous and can be modified by the appellate court.

Question 2

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

Accepted Answer

The Minnesota Supreme Court is the next level of appeal for cases within the state court system. The U.S. district court and U.S. Court of Appeals for the Eighth Circuit are federal courts, and the United States Supreme Court typically only hears cases involving federal law or important constitutional issues. Since this case involves a state law issue, it is most appropriate for Kit to appeal to the highest court within the state court system.

Question 3

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

Accepted Answer

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

Question 4

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

Accepted Answer

A complaint should include a statement of the facts necessary to show the plaintiff is entitled to relief. This includes a summary of the relevant facts and circumstances that led to the dispute and the legal basis for the claim being made against the defendant. It is not necessary to include an explanation to refute any defense the defendant might assert, a motion for summary judgment or a motion to dismiss at this stage.

Question 5

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 because both parties are residents of Ohio. This would also lead to cost savings for both parties in terms of travel and lodging expenses.

Question 6

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

Accepted Answer

If Carol loses in a state trial court, she can appeal the decision to an appellate court.

Question 7

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

Accepted Answer

Jennifer must ask the United States Supreme Court to issue a writ of certiorari, which is a writ that the Court uses to decide whether or not to review a lower court's decision. The writ is issued at the discretion of the Court and is granted only in cases that the Court believes to be of significant importance or to settle a conflict among the lower courts on an important issue of law.

Question 8

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

The fact that Nick operates a website through which Ohio residents have done substantial business with him establishes the minimum contact necessary for the court to have jurisdiction over him. However, the court will only have jurisdiction over Nick if Milo's claim arises from Nick's web site activities, which is the only connection between Nick and Ohio.

Question 9

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

Accepted Answer

Original jurisdiction refers to the power of a court to hear a case for the first time, as opposed to appellate jurisdiction, which refers to the power to review a previously decided case from a lower court. Therefore, choice A is the correct answer.

Question 10

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

Accepted Answer

When the United States Supreme Court agrees to hear a case, this means that at least four justices approved of hearing the case. The other options (B, C, and D) are not necessarily true or relevant in this situation.

Question 11

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

The complaint and answer are collectively known as the pleadings in a lawsuit. The complaint sets forth the plaintiff's claims, while the answer responds to those claims and sets forth any defenses the defendant may have. Together, they form the initial stage of the litigation process. Option A refers to a specific motion that a party can file, while a summons is a document that initiates legal proceedings by officially notifying the defendant of the lawsuit. A writ of certiorari is a review process used by higher level courts to review the decisions of lower courts. Therefore, D is the most appropriate choice.

Question 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

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

Question 14

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

Accepted Answer

The diversity of citizenship between a resident of Maine (U.S.) and a Canadian creates a scenario for federal jurisdiction as it involves parties from different countries. Federal courts typically have jurisdiction over cases that involve citizens of different states or different countries.

Question 15

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

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 16

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

The diversity of citizenship between the parties means that federal and state courts have concurrent jurisdiction, meaning Jack can choose to sue Fresh Harvest in either federal or state court.

Question 17

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

Accepted Answer

Federal cases originate in federal district courts.

Question 18

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

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, in this case, a federal court cannot take jurisdiction. Sandy can file suit in a state court, regardless of the amount in controversy.

Question 19

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 only engages in passive advertising in Alabama and does not have any physical presence or direct interaction with the state. Therefore, the Alabama court does not have jurisdiction over QuickAds.

Question 20

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

Accepted Answer

Karl's claim is a counterclaim because it is a claim made by the defendant in response to the plaintiff's lawsuit. It is not a contrary charge, counterpoint, or cross complaint as those terms are not typically used in legal procedures.

Quiz 3: Courts and Alternative Dispute Resolution