Question 1

Fact Pattern 3-B2 
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.
-Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has
A) diversity jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Accepted Answer

Indiana has in rem jurisdiction because the dispute is over the ownership of a property located within the state. It does not involve personal jurisdiction over Hua, as the dispute is not related to her activities within Indiana. Diversity jurisdiction does not apply since there is no indication that the parties are from different states.

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
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 appealing a decision from a state court of appeals in Minnesota would be to appeal to the Minnesota Supreme Court. The other options listed (U.S. district court, U.S. Court of Appeals for the Eighth Circuit, and United States Supreme Court) are all federal courts that would not have jurisdiction over a state court case such as Kit's.

Question 3

Fact Pattern 3-B2 
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.
-Paula, a resident of California, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, a resident of Nevada. Don files a suit against Paula in Iowa. Regarding this suit, Iowa has
A) diversity jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Accepted Answer

Iowa has in rem jurisdiction because the dispute is over the ownership of property (the farm) located within the state.

Question 4

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 exercise 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 5

Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that
A) the case is being heard for the first time.
B) the court does not have concurrent jurisdiction.
C) the court has standing.
D) the court has venue.

Accepted Answer

Original jurisdiction means that the court has the authority to hear the case for the first time, as opposed to having the case on appeal. Therefore, choice A is the correct answer.

Question 6

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
A) a "substantial enough" connection with the state.
B) "downloading" from the state.
C) not connected with the state.
D) "uploading" to the state.

Accepted Answer

The court is likely to exercise jurisdiction over Macro if the interactivity of the website is seen as a "substantial enough" connection with the state. This means that if the website has sufficient activity and engagement with New Jersey residents, the court may consider it enough to establish jurisdiction over Macro.

Question 7

Milo files a suit against Nik in an Ohio state court, noting that Nik op?erates a Web site through which Ohio residents have done substan?tial business with him. The court is most likely to exercise jurisdiction over Nik if Milo's claim arises from
A) anything an Ohio resident has done.
B) Nik's Web site activities.
C) nothing an Ohio resident has done.
D) something other than Nik's Web site.

Accepted Answer

The jurisdiction of the Ohio state court is likely to be exercised over Nik if Milo's claim arises from Nik's Web site activities. Since Nik has substantial business dealings with Ohio residents through his website, it falls under the category of "minimum contacts," which is a key factor when determining if a court has jurisdiction over a defendant. Therefore, the court is more likely to have jurisdiction over Nik if a claim arises from his website activities rather than if it arises from other factors unrelated to his website or Ohio residents.

Question 8

Lee files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lee 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 on the ground that Ohio is a more convenient location to hold the trial, as both parties are residents of Ohio. This would save time and costs for both parties in terms of travel and logistics.

Question 9

Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have
A) certiorari.
B) jurisdiction.
C) standing to sue.
D) sufficient minimum contacts.

Accepted Answer

Standing to sue is the legal right of an individual or party to bring a lawsuit in court. To have standing, the plaintiff must have suffered a "concrete and particularized" injury that is directly traceable to the defendant's actions and that can be remedied by a favorable decision. In this case, since Drew did not suffer any injury or harm, he does not have standing to sue Child's Play, and therefore, the suit can be dismissed.

Question 10

Fact Pattern 3-B2 
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.
-Alpha Company files a suit against Beta, Inc., in a Colorado court with gen?eral jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank. The differ?ence between general and limited ju?risdiction is
A) the subject matter of the cases that the courts can decide.
B) whether a case is being heard for the first time.
C) whether a suit is filed against a single individual or many people.
D) whether a suit is filed by a citizen or by a business.

Accepted Answer

The difference between general and limited jurisdiction is related to the subject matter of the cases that the courts can decide. A court with general jurisdiction has the authority to hear a wide range of cases, while a court with limited jurisdiction can only hear cases that fall within specific categories or limits. The other options listed are not accurate descriptions of the difference between general and limited jurisdiction.

Question 11

Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is
A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Accepted Answer

Mediation involves the use of a neutral third-party mediator who assists the parties in negotiating a settlement. This differs from arbitration, which involves the parties submitting their dispute to a third-party arbitrator who makes a binding decision, and litigation, which involves resolving the dispute in court. Negotiation is a more general term that can refer to any attempt to reach an agreement between parties, with or without the assistance of a third party.

Question 12

Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for
A) any court to exercise in rem jurisdiction.
B) a federal district court to exercise original jurisdiction.
C) a U.S. court of appeals to exercise appellate jurisdiction.
D) the United States Supreme Court to issue a writ of certiorari.

Accepted Answer

Diversity of citizenship between the parties can be a basis for a federal district court to exercise original jurisdiction. The other options listed are not applicable in this scenario.

Question 13

LCD TV Company, a firm in Minnesota, advertises on the Web. A court in North Dakota would be most likely to exercise jurisdiction over LCD if the firm
A) conducted substantial business with North Dakota residents through its Web site.
B) interacted with any North Dakota resident through its Web site.
C) only advertised without interactivity at its Web site.
D) suddenly removed its ad from the Internet.

Accepted Answer

The court in North Dakota would be most likely to exercise jurisdiction over LCD if it conducted substantial business with North Dakota residents through its Web site. This is because courts typically only have jurisdiction over a business if the business has some connection or contact with the state in which the court is located. Conducting substantial business with North Dakota residents through its website would establish the necessary connection or contact with the state for the court to have jurisdiction over LCD.

Question 14

Fact Pattern 3-B2 
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.
-Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has
A) diversity jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Accepted Answer

In personam jurisdiction refers to a court's jurisdiction over a specific person. Kentucky would have in personam jurisdiction over Harry because he was present in the state and involved in a legal dispute with a resident of that state. Diversity jurisdiction and in rem jurisdiction do not apply in this scenario.

Question 15

Miles files a suit against Nina. At the trial, each party's attorney pre?sents the party's case before a judge who hears the dispute and renders a le?gally binding decision. This is
A) arbitration.
B) litigation.
C) mediation.
D) negotiation.

Accepted Answer

Litigation involves a lawsuit being filed and the case being presented before a judge who renders a legally binding decision. This is different from arbitration, which is a dispute resolution process where a neutral third party makes a decision that the parties may or may not agree to, and mediation, which is a process where a neutral third party helps the parties reach their own agreement without making a decision for them. Negotiation is a process of trying to come to a mutual agreement between the parties without the involvement of a neutral third party or a judge.

Question 16

Fact Pattern 3-B2 
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.
-The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is
A) the judicial system.
B) the president of the United States.
C) the governor of Ohio.
D) the U.S. Congress.

Accepted Answer

The judicial system is the final authority regarding the constitutionality of laws, so the appellate court (and potentially higher courts, depending on the appeals process) would have the authority to determine whether the Ohio law regulating local delivery services is constitutional. The president, governor, and U.S. Congress do not have the authority to make this determination.

Question 17

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
A) not required to hear the case.
B) required to hear the case because Cathy lost in a federal court.
C) required to hear the case because Cathy lost in a lower court.
D) required to hear the case because it is an appeal.

Accepted Answer

The United States Supreme Court is not required to hear every case that is brought before it. The Court has discretion over which cases it hears, and it is not obligated to hear a case simply because it is an appeal or because the losing party requests it. The Court typically agrees to hear cases that present important constitutional or legal questions, or cases in which there is a disagreement among lower courts on the interpretation of the law.

Question 18

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This
A) is a decision on the merits with value as a precedent.
B) indicates agreement with the Idaho court's decision.
C) means nothing.
D) means that the Idaho court's decision is the law in Idaho.

Accepted Answer

When the United States Supreme Court does not hear a case, it means that the lower court's decision stands and becomes the final ruling. In this case, the Idaho Supreme Court's decision against Jiffy Mart remains the law in Idaho.

Question 19

Mary wins her suit against National Manufacturing Company. National's best ground for appeal is the trial court's interpretation of
A) the conduct of the witnesses during the trial.
B) the credibility of the evidence that Mary presented.
C) the dealings between the parties before the suit.
D) the law that applied to the issues in the case.

Accepted Answer

The best ground for appeal would be the trial court's interpretation of the law that applied to the issues in the case. This is because an appeal typically focuses on whether the trial court correctly applied the law to the facts of the case, rather than re-evaluating witness conduct or the credibility of evidence.

Question 20

Inferior Company sells products that are poorly made. Jock, 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 Jock does not have
A) certiorari.
B) jurisdiction.
C) standing.
D) sufficient minimum contacts.

Accepted Answer

The key phrase in the question is "Jock, who has never bought an Inferior product." This means that Jock does not have a direct injury or harm caused by the alleged defective products of Inferior, and therefore, he does not have standing to file a lawsuit against the company. Standing refers to the ability of a plaintiff to bring a legal claim or case to court, and it requires that the plaintiff has suffered an actual or imminent injury or harm that is caused by the defendant's actions. Without standing, the court does not have the jurisdiction to hear the case, and it must be dismissed. Certiorari is a request for review by a higher court, and it is not relevant to this question. Jurisdiction and sufficient minimum contacts refer to the court's ability to exercise authority over the parties involved in the case, and they are not applicable without standing.

Quiz 2: Courts and Alternative Dispute Resolution

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

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 exercise jurisdiction, the issue is whether Lara, through her ad, has

Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that

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

Milo files a suit against Nik in an Ohio state court, noting that Nik op?erates a Web site through which Ohio residents have done substan?tial business with him. The court is most likely to exercise jurisdiction over Nik if Milo's claim arises from

Lee files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lee and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have

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

Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for

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

Miles files a suit against Nina. At the trial, each party's attorney pre?sents the party's case before a judge who hears the dispute and renders a le?gally binding decision. This is

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

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

Mary wins her suit against National Manufacturing Company. National's best ground for appeal is the trial court's interpretation of

Inferior Company sells products that are poorly made. Jock, 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 Jock does not have