Question 1

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 a case, even if it is an appeal from a lower federal court. The Court only hears cases that it believes are important for the development of the law or that have significant nationwide impact.

Question 2

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for

Accepted Answer

Diversity of citizenship allows a federal court to exercise jurisdiction if the amount in controversy exceeds $75,000. Therefore, option B is the best choice. Option A is incorrect, as there may be a court that can exercise jurisdiction. Option C is incorrect, as not every court has jurisdiction over the matter. Option D is incorrect because the Supreme Court is not the first court to receive cases and only takes up cases on appeal.

Question 3

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. If TST files a motion to dismiss, the firm is asserting that

Accepted Answer

When TST files a motion to dismiss, it is asserting that even if the facts in the complaint are true, TST is not legally liable.

Question 4

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,

Accepted Answer

If Josh chooses to ignore the summons, Isabel can request a default judgment in her favor. This means that the court will assume the allegations in her complaint are true and will enter a judgment in her favor without Josh having the opportunity to contest the case. So, choice B is correct.

Question 5

Martin files a suit against Nichelle 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 the state's highest court. After that court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if

Accepted Answer

The United States Supreme Court only has jurisdiction to hear cases that involve federal questions, meaning that there must be an issue related to the U.S. Constitution, federal law, or treaties. Therefore, the party can only appeal to the U.S. Supreme Court if a federal question is involved.

Question 6

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

Accepted Answer

The court is likely to have jurisdiction over Honi if Jean's claim arises from substantial business between Jean and Honi through Honi's website. This is because the concept of minimum contacts (Option A) refers to a defendant purposely directing activities at residents of the forum state, which may not be the case here. Option C is also unlikely as some interactivity with residents of the forum state may establish personal jurisdiction. Option D is also unlikely as the mere capacity of the internet to bypass boundaries does not confer jurisdiction over a defendant.

Question 7

Cattle House Steaks, an Alabama company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

Accepted Answer

Under the minimum contacts test, a court can exercise jurisdiction over a defendant if the defendant has sufficient contacts with the forum state. In this case, although Beef Packing is an out-of-state corporation, it entered into a contract over the phone with an Alabama company, which could be seen as sufficient contacts with the state of Alabama for an Alabama court to exercise jurisdiction over Beef Packing.

Question 8

Quint files a suit against Ranchland Corporation. Ranchland believes that even if Quint's statement of the facts is true, according to the law Ranchland is not liable. Ranchland should

Accepted Answer

Ranchland should file a motion to dismiss, which is a request to the court to dismiss the case because even if the facts are true, they do not give rise to a legal claim. This is a common strategy used by defendants to save time and money by getting the case dismissed early in the litigation process.

Question 9

In a suit by Citizens Conservation Organization (CCO) against Deep Mining Inc., CCO serves a written request for the defendant to admit the truth of matters relating to the trial. Deep Mining's admission in response

Accepted Answer

Admission by the defendant of the truth of a matter in response to a request for admission by the plaintiff binds the defendant at trial and conclusively establishes the matter for trial. This can significantly simplify the trial by eliminating the need for the plaintiff to prove the admitted fact.

Question 10

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 the case related to the adoption of Kari and Lillian's child. This means that only the state courts of Mississippi can hear and decide on this case, and not any other courts, including federal courts or courts of other states.

Question 11

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

Accepted Answer

Indiana has in rem jurisdiction because the dispute is over the ownership of property (the warehouse) located within Indiana.

Question 12

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

Accepted Answer

The purpose of the complaint is to state the legal basis for the claim and the facts upon which it is based. The complaint should establish that Commercial Supply is legally entitled to a remedy by stating the facts showing that Downwind Power Corporation has breached a legal duty or obligation to Commercial Supply.

Question 13

Beth files a suit against Cruise Line, Inc. Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Cruise can support this response with witnesses' sworn statements. Cruise should file with the court

Accepted Answer

Cruise should file a motion for summary judgment because they are claiming that there is no genuine dispute over the material facts of the case and that they are entitled to judgment as a matter of law. This motion can be supported with witnesses' sworn statements. A summons and complaint are the initial pleadings that start a lawsuit, while a motion to dismiss would be filed if Cruise believed that Beth's complaint failed to state a claim upon which relief could be granted.

Question 14

Gina and Harry present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Gina and Harry's dispute is

Accepted Answer

An appellate court reviews the application and interpretation of the law, often deferring to the trial court's findings of fact.

Question 15

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

Accepted Answer

Special inferior trial courts or minor judiciary courts are typically courts of limited jurisdiction, meaning they handle cases involving specific types of legal issues, such as traffic violations or small claims. They do not have general jurisdiction over all types of cases, and are not appellate courts that handle appeals from lower courts.

Question 16

Grain Farms, Inc., files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Accepted Answer

The court must have proof that Harvest was notified of the suit to exercise jurisdiction, ensuring due process is followed.

Question 17

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

Accepted Answer

The complaint should include a statement alleging the facts showing the court has jurisdiction. This is necessary to establish that the court has the power to hear the case. The other options listed are not typically included in a complaint.

Question 18

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Accepted Answer

State trial courts that are called county, district, superior, or circuit courts are typically courts of general jurisdiction, which means they have the authority to hear a wide range of cases, both civil and criminal. These courts are usually the first courts to hear a case and have the power to make decisions on the facts and the law.

Question 19

Fabrication, Inc., makes steel forms that are substandard. Geo Manufacturing Company has never bought or used a Fabrication form, but files a suit against the firm, alleging that its products are defective. Fabrication's best ground for dismissal of the suit is that Geo does not have

Accepted Answer

Standing to sue refers to whether a plaintiff has a legal right to bring a lawsuit. In this case, Geo Manufacturing Company has never purchased or used a Fabrication form, which means they have not suffered any harm from the allegedly substandard product. As such, they would not have standing to sue Fabrication, Inc. for damages.

Question 20

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

Accepted Answer

Original jurisdiction means that the court has the authority to hear the case for the first time, as opposed to appellate jurisdiction where the court reviews decisions made by lower courts. The other options are not relevant to the definition of original jurisdiction.

Quiz 4: Courts and Alternative Dispute Resolution