Question 1

The case of Able,Inc.v.Baker is heard in a Connecticut trial court.The case of Charlie v.Delta,Inc.is heard in a Connecticut appellate court.The difference be?tween trial and ap?pellate courts is whether

Accepted Answer

Trial courts conduct new trials where evidence is presented and facts are determined, while appellate courts review the trial court's decision for legal errors without conducting a new trial.

Question 2

Carol files a suit against Delta Corporation.Delta 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.Delta supports this response with witnesses' sworn statements.This is

Accepted Answer

Delta's response indicates that there is no dispute as to the facts of the case and that the only issue is how the law applies. This is the basis for a motion for summary judgment, which asks the court to rule on the case based on the undisputed facts without a trial. The fact that Delta has provided witnesses' sworn statements supports this motion.

Question 3

In Ed's suit against First National Bank,the discovery phase would in?clude all of the following except

Accepted Answer

The discovery phase involves the exchange of information and evidence between the parties involved in a lawsuit. Ed's complaint is the initial document that initiated the lawsuit, and therefore it is not part of the discovery phase. The other options, Ed's deposition, Ed's requests for First National's admissions, and First National's replies to Ed's interrogatories, all involve gathering and exchanging information during the discovery phase.

Question 4

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

Accepted Answer

The majority of cases are settled or dismissed before they reach trial. According to the National Center for State Courts, only about 3% of civil cases in the United States reach trial. Therefore, the most likely outcome is that Edie's case against Frank will be dismissed or settled before a trial.

Question 5

Cody wants to appeal his case against Digital Corporation to the United States Supreme Court.Cody must ask the Court to issue a writ of

Accepted Answer

Cody must ask the Court to issue a writ of certiorari to appeal his case to the United States Supreme Court. A writ of certiorari is a request that the Supreme Court review a lower court's decision. It is the primary means by which the Supreme Court chooses which cases to hear. Therefore, option A is the correct answer.

Question 6

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, Mack will be able to ask the court for a default judgment in his favor. This means that the court will assume the allegations in the complaint are true and enter a judgment against Nancy. Mack would not need to file an amended complaint or serve Nancy with a second summons in this scenario.

Question 7

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

Appellate courts have the power to affirm, reverse, or remand all or part of the lower court's decision after their review of a case. Therefore, option A is the correct answer.

Question 8

Maizie files a suit against NuProducts,Inc.NuProducts responds that even if Maizie's statement of the facts is true,according to the law NuProducts 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 9

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 time to file another response, such as an answer to Mack's complaint.

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 best ground for appeal for National Manufacturing Co. would be the trial court's interpretation of the law that applied to the issues in the case. This is because the trial court's interpretation of the law can have a significant impact on the outcome of the case and if National Manufacturing Co. believes that the trial court made errors in interpreting the law, it can appeal the decision. The other options mentioned (conduct of the witnesses, credibility of evidence, dealings between parties) may also be relevant in some cases, but they are less likely to be the primary ground for appeal.

Question 11

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 dis?missal of the suit is that Jack does not have

Accepted Answer

The best ground for dismissal of the suit is that Jack does not have standing. Standing requires that the plaintiff has suffered an injury in fact that is fairly traceable to the defendant’s conduct and that a favorable court decision will redress the injury. Since Jack has never bought an Inferior product, he cannot show that he has suffered an injury in fact and therefore lacks standing to bring the suit. Certiorari pertains to a higher court reviewing a lower court's decision, jurisdiction refers to a court's authority to hear a case, and sufficient minimum contacts pertain to a court's ability to exercise personal jurisdiction over a defendant.

Question 12

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 since both parties are residents of Ohio. This is known as venue convenience, and it focuses on the convenience of the parties rather than the jurisdiction or stake in the matter.

Question 13

Sid files a suit against Tina.Before going to trial,the parties,with their at?torneys,meet to try to resolve their dispute.A third party helps them to reach an agreement.This is

Accepted Answer

The scenario describes a situation where the parties are trying to resolve their dispute with the help of a third party. This third party is not making decisions for the parties, but rather helping them to reach their own agreement. This is the definition of mediation. Arbitration involves a third party making a binding decision, while litigation refers to the process of going to trial in court. Negotiation can occur without the involvement of a third party.

Question 14

In Federated Corporation's suit against Great Stores,Inc. ,the jury re?turns a verdict in Federated's favor.Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings.This is a mo?tion for

Accepted Answer

Great Stores is requesting a new trial, which is the purpose of a motion to set aside a verdict. Option A (judgment in accordance with the verdict) would be appropriate if Great Stores accepted the verdict and the judgment was being entered based on that verdict. Option B (judgment on the pleadings) is not relevant as the case has already gone to trial. Option D (judgment n.o.v.) allows a judge to overturn a jury verdict only if a reasonable jury would not have come to that conclusion based on the evidence presented, but Great Stores is not seeking this remedy.

Question 15

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 may be asserting that

Accepted Answer

Nancy is asserting that Mack did not state a claim for which relief can be granted. This means that even if everything Mack said in his complaint is true, he has not presented a valid legal argument to support his claim against Nancy. A motion to dismiss is a way for the defendant to ask the court to dismiss the case early on, before it goes to trial, if the plaintiff has not met the legal requirements for the claim they are making.

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 the United States Supreme Court if

Accepted Answer

The United States Supreme Court has jurisdiction to hear appeals from state courts only if there is a federal question involved. If the state court ruling involves only a question of state law, then the decision is final and cannot be appealed to the U.S. Supreme Court.

Question 17

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 funds for the breach.This is

Accepted Answer

Karl's claim against Lynn is a counterclaim, as it is a claim made by the defendant in response to the plaintiff's original claim. It is not a crossclaim, which is a claim made by one defendant against another defendant in the same case. It is also not an affirmative defense, which is a defense raised by the defendant that does not involve making a claim against the plaintiff. Finally, it is not an irrelevant response, as it is directly relevant to the case at hand.

Question 18

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 ground for the court's jurisdiction, the basis of the case, and the relief sought by the plaintiff is called the complaint. The answer is the defendant's response to the complaint. The service of process is the delivery of a legal notice or document to the person against whom an action is brought. The summons is a document that orders a defendant to appear in court to respond to a complaint. Therefore, the best choice is B - the complaint.

Question 19

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 files a counterclaim, Mack will be given time to file an answer to the counterclaim.

Question 20

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 in...

Quiz 2: Traditional and Online Dispute Resolution

The case of Able,Inc.v.Baker is heard in a Connecticut trial court.The case of Charlie v.Delta,Inc.is heard in a Connecticut appellate court.The difference be?tween trial and ap?pellate courts is whether

Carol files a suit against Delta Corporation.Delta 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.Delta supports this response with witnesses' sworn statements.This is

In Ed's suit against First National Bank,the discovery phase would in?clude all of the following except

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

Cody wants to appeal his case against Digital Corporation to the United States Supreme Court.Cody must ask the Court to issue a writ of

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 2-2 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

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

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