Question 1

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
A) no court to exercise jurisdiction.
B) a federal court to exercise jurisdiction.
C) any court to exercise jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.

Accepted Answer

Diversity of citizenship is one of the factors that can establish federal jurisdiction, allowing Jason to file a suit against Lora in a federal court.

Question 2

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
A) minimum contacts between Honi and any Iowa resident.
B) substantial business between Jean and Honi through Honi's website.
C) no interactivity between Honi and any Iowa resident through Honi's website.
D) the Internet's capacity to bypass boundaries.

Accepted Answer

The court is likely to have jurisdiction over Honi if Jean's claim arises out of substantial business between Jean and Honi through Honi's website, as this would demonstrate intentional targeting and purposeful availment of the benefits of doing business in Iowa. The other options do not provide a sufficient basis for the court to have jurisdiction over Honi.

Question 3

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
A) a federal question is involved.
B) a state question is unresolved.
C) the party is unsatisfied with the result.
D) the state trial and appellate court rulings are different.

Accepted Answer

The United States Supreme Court can only hear cases where there is a federal question involved. In this scenario, if there is a federal law or constitutional issue at stake, Martin could appeal to the U.S. Supreme Court.

Question 4

State trial courts that are called county,district,superior,or circuit courts are most likely to have
A) appellate jurisdiction.
B) general jurisdiction.
C) limited jurisdiction.
D) no jurisdiction.

Accepted Answer

County, district, superior or circuit courts are all examples of general jurisdiction courts. This means they have the authority to hear a wide range of cases, including criminal and civil cases, as well as cases involving a variety of legal issues. Jurisdiction refers to a court's power or authority to hear and decide a case, so general jurisdiction courts have the broadest authority to hear and decide a wide range of cases.

Question 5

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint.The complaint should include
A) an explanation of the proof to be offered at trial.
B) a statement refuting any defense that the defendant might assert.
C) a motion for judgment on the pleadings.
D) a statement alleging the facts showing the court has jurisdiction.

Accepted Answer

A complaint should allege the facts showing the court has jurisdiction over the parties and the subject matter. While a complaint may also include an explanation of the proof to be offered at trial, a statement refuting any defense, or a motion for judgment on the pleadings, these are not necessary components of a complaint.

Question 6

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
A) under the minimum contacts test.
B) on the basis of a federal question.
C) in no circumstances.
D) only if Beef Packing files the suit.

Accepted Answer

Under the minimum contacts test, if a company has conducted business in a particular state or has entered into a contract with a resident of that state, they can be subject to jurisdiction in that state's courts. In this case, Cattle House Steaks is an Alabama company, and Beef Packing Inc. entered into a contract over the phone with them, potentially establishing minimum contacts with the state of Alabama.

Question 7

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
A) concurrent jurisdiction with federal courts.
B) concurrent jurisdiction with other state courts.
C) exclusive jurisdiction.
D) no jurisdiction.

Accepted Answer

Mississippi state courts have exclusive jurisdiction over cases related to the adoption of a child who is a resident of Mississippi. Therefore, neither federal nor other state courts have jurisdiction over this case.

Question 8

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
A) not required to hear the case.
B) required to hear the case because D'Antoni lost in a federal court.
C) required to hear the case because D'Antoni 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 appealed to it. The Court gets to choose which cases it wants to hear, and it typically only hears cases that involve significant legal issues or disagreements among the lower courts.

Question 9

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
A) ask for a deposition.
B) seek an admission of the truth of the matter relating to the trial.
C) issue a summary judgment.
D) file a motion to dismiss.

Accepted Answer

Filing a motion to dismiss would be the best option for Ranchland if they believe that even if Quint's statement of facts is true, they are not liable according to the law. A motion to dismiss is a request by the defendant to have the case thrown out because there is no legal basis for it. It is typically granted if the defendant can show that even if the plaintiff's allegations are true, they do not constitute a legal claim.

Question 10

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
A) a summons.
B) a complaint.
C) a motion for summary judgment.
D) a motion to dismiss.

Accepted Answer

Cruise Line, Inc. should file a motion for summary judgment since they claim that the parties do not dispute the facts, and the only question is how the law applies to those facts. This is a proper situation for a summary judgment motion, in which the court is asked to decide the case based on the legal issues presented, without a trial. The sworn statements from witnesses can be attached as evidence to support the motion.

Question 11

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,
A) Isabel must file an amended complaint.
B) Isabel will have a judgment entered in her favor.
C) Josh must be served with a second summons.
D) Josh will have a judgment entered in his favor.

Accepted Answer

If Josh chooses to ignore the summons, Isabel can move for a default judgment and the court will likely enter a judgment in her favor.

Question 12

Grain Farms,Inc. ,files a suit against Harvest Services.Before the court can exercise jurisdiction over Harvest,the court must have proof that
A) Grain Farms is prepared to notify Harvest of the suit.
B) Grain Farms did not act to precipitate a dispute with Harvest.
C) Harvest committed the act of which Grain Farms complains.
D) Harvest was notified of the suit.

Accepted Answer

The answer of Grain Farms,Inc. ,files a suit against Harvest...

Question 13

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
A) Downwind does not have a valid defense.
B) the case can be disposed of without a trial.
C) the solvency of Downwind is in question.
D) Commercial is legally entitled to a remedy.

Accepted Answer

The purpose of a complaint is to establish that the plaintiff (Commercial Supply) is legally entitled to a remedy (such as damages or specific performance). The complaint does not need to address the defendant's defenses or solvency, and it is not necessary to show that the case can be disposed of without a trial at this stage. Therefore, the best choice is D.

Question 14

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
A) even if the facts in the complaint are true,TST is not legally liable.
B) the facts in the complaint are not true.
C) even if TST is legally liable,Shippers Warehouse cannot prove it.
D) if the facts are true,Shippers Warehouse has a right to judicial relief.

Accepted Answer

If TST files a motion to dismiss, they are asserting that even if the facts in the complaint are true, they are not legally liable. This is known as a legal argument for dismissal rather than a factual one. It is not a denial of the truth of the allegations in the complaint.

Question 15

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
A) federal jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

Accepted Answer

The answer of Hal,a resident of Illinois,owns a warehouse in...

Question 16

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
A) the case is being heard for the first time.
B) the court has a unique method of deciding whether to hear a case.
C) the court has unusual procedural rules.
D) the subject matter of the suit is interesting and new.

Accepted Answer

Original jurisdiction refers to a court's authority to hear a case for the first time, as opposed to appellate jurisdiction where a court reviews a decision made by a lower court. Therefore, choice A is the correct answer. The other choices are not related to the definition of original jurisdiction.

Question 17

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
A) conclusively establishes the matter for trial.
B) completely absolves the defendant of the issue in question.
C) is the basis for a default judgment in the plaintiff's favor.
D) is irrelevant.

Accepted Answer

When a defendant admits to the truth of matters requested by the plaintiff, it is considered a stipulation of fact and can be used as evidence in trial. However, it does not completely absolve the defendant of the issue in question and is not the basis for a default judgment.

Question 18

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have
A) appellate jurisdiction.
B) general jurisdiction.
C) limited jurisdiction.
D) no jurisdiction.

Accepted Answer

Courts that are called special inferior trial courts or minor judiciary courts are most likely to have limited jurisdiction. This means they have jurisdiction over specific types of cases, such as traffic violations or small claims cases, but not over more serious crimes or civil disputes.

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
A) discovery.
B) exclusive jurisdiction.
C) standing to sue.
D) minimum contacts.

Accepted Answer

Standing to sue requires the plaintiff to have a legally recognized interest at stake in the litigation. Since Geo Manufacturing Company has never bought or used a Fabrication form, it does not have a legally recognized interest at stake and therefore lacks standing to sue.

Question 20

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
A) an appellate court.
B) a trial court.
C) a U.S.magistrate's court.
D) a special inferior court.

Accepted Answer

The answer of Gina and Harry present their case to...

Quiz 2: Courts and Alternative Dispute Resolution

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

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

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

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

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

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

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

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

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

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,

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

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

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

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

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

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

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

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

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