Question 1

Ulrica wants to initiate a suit against Valley Farms by filing a complaint.The complaint should include

Accepted Answer

The complaint should include the facts establishing Ulrica's basis for relief. This will help the court understand the nature of the dispute and determine whether Ulrica has a valid claim against Valley Farms. Including an explanation to refute any defense the defendant might assert is not necessary at this stage, as the defendant has not yet answered the complaint. A motion for summary judgment or a motion to dismiss would not be appropriate as they are procedural tools used at later stages of the litigation.

Question 2

Tyler,a citizen of Utah,files a suit in a Utah state court against Veritas 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 is hearing the case for the first time, rather than on appeal from a lower court. It does not refer to the court's decision-making process, procedural rules, or the novelty of the subject matter.

Question 3

Mariah wins her suit against Natural Products Company.Natural's best ground for appeal is the trial court's interpretation of

Accepted Answer

The trial court's interpretation of the law that applied to the issues in the case is the best ground for appeal because if Natural Products Company can prove that the trial court erred in its interpretation and application of the law, then it may have a chance to overturn the verdict.

Question 4

During a trial,the attorney for Gloria the plaintiff questions her witness Heidi.Heidi,who is not an expert in the matter about which she is being asked,can

Accepted Answer

Heidi, as a witness, can only testify about what she personally observed or experienced. She cannot offer opinions or conclusions about the evidence or case, as that is the job of the attorneys and the judge. It is up to them to interpret the evidence and come to conclusions.

Question 5

Gaudy Ornaments,Inc. ,sells decorative ware.Hank,who has never bought a Gaudy product,files a suit against the firm,alleging that its products are defective.The firm's best ground for dismissal of the suit is that Hank does not have

Accepted Answer

The best ground for dismissal of the suit is that Hank does not have standing. In order to have standing to sue, Hank must prove that he has suffered an actual injury that is traceable to Gaudy Ornaments, Inc.'s products. If he has never purchased their products, he cannot establish standing to sue. While venue, jurisdiction, and sufficient minimum contacts are important legal concepts, they are not the best grounds for dismissal in this case.

Question 6

Loren files a suit against Mabel,alleging a failure to pay for the harvest of Mabel's orchards.Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach.Mabel's claim is

Accepted Answer

Mabel's claim is a counterclaim because it is a claim made by the defendant (Mabel) against the plaintiff (Loren) in response to the plaintiff's original claim (failure to pay for harvest).

Question 7

In Recycle Cafe's suit against Sanitary Services,Inc. ,the court issues a judgment in Recycle's favor.The judgment can be appealed to an appropriate court of appeals by

Accepted Answer

Both Recycle and Sanitary have the right to appeal the judgment, so the answer is either Recycle or Sanitary. Therefore, the best choice is C, which includes both options.

Question 8

3D HD TV Company,a firm in Minnesota,advertises on the Web.A court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm

Accepted Answer

The court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm conducted substantial business with North Dakota residents through its Web site, as this would establish a significant connection between the firm and the state of North Dakota. The fact that 3D HD advertises on the Web alone is not enough to establish jurisdiction, and the other options do not provide sufficient justification for the court to exercise jurisdiction over the firm.

Question 9

Beyond-the-Sea Imports,Inc. ,disputes the use of "beyond-the-sea.com" as a domain name by Beyond-the-Sea Overseas Exports,Ltd. ,and files a suit to resolve the dispute.Service of process must be

Accepted Answer

Service of process must follow the rules of the court in which the suit is brought. The court will have specific procedures for how service of process must be made to ensure that the defendant is properly notified of the lawsuit. Therefore, Option D is the correct answer.

Question 10

After a trial between OptiGames,Inc. ,and Play Video Corporation,the jury renders a verdict in OptiGames's favor.Play Video's attorney can file a motion

Accepted Answer

Since the verdict was not in Play Video's favor, the attorney can file a motion for a new trial, which would give them another chance to present their case in court. This is typically the only option available after a trial has already taken place. Options B, C, and D are typically filed before or during a trial, and would not be applicable in this situation.

Question 11

Liu files a suit against Macro Sales,Inc. ,in a New Jersey state court based on a Web site through which New Jersey residents can do business with Macro.The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

Accepted Answer

The interactivity of the website being a "substantial enough" connection with the state would likely satisfy the requirements for the court to exercise jurisdiction over Macro Sales, Inc.

Question 12

Rolf,a citizen of New Mexico,wants to file a suit against Sandy,a citizen of Texas,relating to a motorcycle accident in which Rolf's injuries resulted in medical costs of more than $75,000.Their diversity of citizenship may be a basis for

Accepted Answer

Diversity jurisdiction allows for a federal court to exercise original jurisdiction over civil cases between citizens of different states when the amount in controversy exceeds $75,000. Therefore, in this scenario, Rolf and Sandy's diversity of citizenship and the amount of damages involved meet the requirements for a federal court to exercise jurisdiction.

Question 13

In Dawg Stop's suit against Condiment Vendor,Inc. ,Dawg serves a written request for Condiment to admit the truth of matters relating to the trial.Condiment's admission in response is the equivalent of

Accepted Answer

When a party serves a written request for admission, the response from the other party is considered an admission in court if not objected to within a certain time frame. This admission can be used as evidence in the trial.

Question 14

Boyd 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 is

Accepted Answer

The United States Supreme Court is not required to hear every case that is appealed to it, even if the appellant lost in a lower court. The Court grants writs of certiorari, or agrees to hear a case, on a discretionary basis, based on a variety of factors, including the importance of the legal issue involved and whether lower courts have issued conflicting rulings on the issue.

Question 15

To prepare for a trial between Condo Development Corporation and Demo Construction Company,Condo's attorney places Demo's president under oath.An authorized court official makes a record of the attorney's questions and the officer's answers.This is

Accepted Answer

This is a description of a deposition, where a witness is placed under oath and questioned by an attorney in advance of trial, with the questions and answers recorded for use at trial.

Question 16

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

Accepted Answer

Federal district courts are the first level of federal courts and are the appropriate venue for most federal cases, including disputes between individuals from different states (diversity of citizenship) or cases involving federal laws. The other options are not the appropriate venue for initiating a federal case.

Question 17

Ginger wants to file a suit against Fred.For a court to hear the case

Accepted Answer

For a court to hear a case, it must have jurisdiction, which means the court has the authority to hear the case and make a decision. Jurisdiction can be established based on a variety of factors such as where the parties reside, where the events leading up to the case took place, or where the contract in question was signed. Thus, jurisdiction is necessary for a court to hear a case and Rule B is the best answer.

Question 18

During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin,Gene's attorney asks questions of the plaintiff's witness Illya.This is

Accepted Answer

The answer of During a trial in Gene's suit against...

Question 19

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Pickled Peppers,Inc. ,is heard in an appellate court.The difference between a trial and an appellate court is whether

Accepted Answer

The answer of The case of Max v.National Credit Co.is...

Question 20

The Ohio state legislature passes a law to regulate local delivery services.The final authority regarding the constitutionality of this law is

Accepted Answer

The judicial branch of government has the responsibility to interpret laws and determine their constitutionality. This means that if there is a dispute over the Ohio state legislature's law regulating delivery services, it is ultimately up to the courts to decide whether the law is in line with the Constitution or not.

Quiz 2: The Court System