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​
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, even if it has gone through the federal court system. The Court only selects cases that it believes contribute to the development of federal law or present a significant legal issue.

Question 2

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 adoption of a child within the state. This means that no other state court or federal court can hear the case.

Question 3

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​
A) ​no court to exercise jurisdiction.
B) ​a federal court to exercise original jurisdiction.
C) ​a state court to exercise appellate jurisdiction.
D) ​the United States Supreme Court to refuse jurisdiction.

Accepted Answer

Diversity of citizenship is a basis for federal courts to exercise original jurisdiction, which means Olivia could file a lawsuit against Micah in a federal court.

Question 4

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether​
A) ​a trial is being held.
B) ​the court is appealing.
C) ​the parties question how the law applies to their dispute.
D) ​the subject matter of the case involves complex facts.

Accepted Answer

Trial courts are where trials are held, involving witnesses, evidence presentation, and a determination of the facts of a case. Appellate courts, on the other hand, review the application of the law by trial courts, without holding trials themselves.

Question 5

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to​
A) ​the American Arbitration Association.
B) ​the North Dakota Supreme Court.
C) ​the United States Supreme Court.
D) ​the U.S. Court of Appeals for the Eighth Circuit.

Accepted Answer

Laredo would appeal next to the North Dakota Supreme Court because it is the highest court in the state and has the final say on legal disputes within the state. The other options, such as the American Arbitration Association or the U.S. Court of Appeals for the Eighth Circuit, may not be appropriate depending on the nature of the case and the specific legal issues involved. The U.S. Supreme Court typically only hears cases that involve federal law or constitutional issues, so it may not be relevant in this situation.

Question 6

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​
A) ​did substantial business with Ohio residents over the Internet.
B) ​interacted with any Ohio resident through its Web site.
C) ​only engaged in passive advertising on the Web.
D) ​suddenly removed its ad from the Internet.

Accepted Answer

The court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm did substantial business with Ohio residents over the Internet. This is because the court can assert specific jurisdiction over a non-resident defendant if the defendant has purposefully directed activities at residents of the forum state, and the litigation results from alleged injuries that arise out of or relate to those activities. The fact that All Bikes is based in Wisconsin does not necessarily preclude jurisdiction in Ohio if they have significant business with Ohio residents over the Internet.

Question 7

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia​
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

Eduardo could ask for a change of venue to a more convenient location to hold the trial. Since both parties are residents of Georgia, it would make sense to move the trial to a location in Georgia for convenience. None of the other options apply to this situation.

Question 8

Tyler, a citizen of Utah, files a suit in a Utah state court against Virtual 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, which involves reviewing a lower court's decision. Therefore, choice A is the correct answer. The other choices do not accurately describe the concept of original jurisdiction.

Question 9

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​
A) ​certiorari.
B) ​jurisdiction.
C) ​standing.
D) ​sufficient minimum contacts.

Accepted Answer

Standing is the legal requirement that an individual must have a sufficient interest in a controversy to bring a lawsuit. In this case, Naomi has never bought or used a Mediocrité item, so she may not have sufficient standing to bring a lawsuit against the company for alleged defective products.

Question 10

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is​
A) ​likely to have jurisdiction over the case.
B) ​not likely to have jurisdiction over the case.
C) ​likely to refer the case to a higher district court.
D) ​likely to refer the case to an appellate court.

Accepted Answer

QuickAds's passive advertising in Alabama does not constitute substantial contacts with the state for the court to have jurisdiction over the case. Therefore, it is not likely for the court to have jurisdiction over the case.

Question 11

The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of​
A) appeal.
B) ​certiorari.
C) ​jurisdiction.
D) ​summons.

Accepted Answer

Luther must ask the United States Supreme Court to issue a writ of certiorari to review the decision of the Kentucky Supreme Court. A writ of certiorari is a request for a higher court to review a lower court's decision. Appeal (A) is not the correct choice because it implies an automatic right to have the case reviewed, which is not always the case. Jurisdiction (C) is not the correct choice because it relates to whether a court has the power to hear a case, which is not at issue here. Summons (D) is not the correct choice because it is a legal document that commands a person to appear in court, which again is not relevant to the situation.

Question 12

McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is​
A) ​the geographical distance between McHenry and OneWorld.
B) ​the degree of interactivity via the app between McHenry and OneWorld.
C) ​OneWorld's location when the app was created.
D) ​McHenry's location when the app was downloaded.

Accepted Answer

According to the sliding-scale analysis, the degree of interactivity via the app between McHenry and OneWorld is the factor that is most likely to confer jurisdiction on the New York court. The fact that McHenry downloaded and used OneWorld's app while traveling across the United States suggests that there was a significant level of interactivity between McHenry and OneWorld, which may be sufficient to establish jurisdiction in New York. The other factors listed are less relevant to the analysis.

Question 13

Marty files a suit against Norah 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 an appellate court. After the highest state court's review of Marty v. Norah, a party can appeal the decision to the United States Supreme Court if​
A) ​if a federal question is involved.
B) ​if a question of state law remains unresolved.
C) ​if Marty questions the result.
D) ​under no circumstances.

Accepted Answer

The United States Supreme Court has jurisdiction to hear appeals from state courts only if a federal question is involved. If the case involves only state law, the Supreme Court does not have jurisdiction to hear the case.

Question 14

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of​
A) ​the demeanor of the witnesses during the trial.
B) ​what happened to give rise to the dispute.
C) ​the dealings between the parties before the suit.
D) ​the law that applied to the issues in the case.

Accepted Answer

Tidewater's best ground for appeal would be the trial court's interpretation of the law that applies to the issues in the case, as this is what would have determined the outcome of the case. If Tidewater believes that the trial court misapplied the law or interpreted it incorrectly, they could appeal on these grounds. The other options, such as demeanor of witnesses or dealings between parties, would not necessarily be relevant grounds for appeal unless they were directly related to a legal error or misinterpretation.

Question 15

Carol files a suit against Andy in a state trial court and loses. Carol can​
A) ​not take her case any higher in the court system.
B) ​insist that the United States Supreme Court hear her case.
C) ​plead her case before an appellate court.
D) ​plead her case before a small claims court.

Accepted Answer

If Carol loses in a state trial court, she has the option to take her case to an appellate court to appeal the decision. Option A is incorrect because she can appeal to a higher court. Option B is incorrect because the United States Supreme Court only hears cases that involve constitutional questions or issues of federal law. Option D is incorrect because small claims courts typically only handle cases involving small amounts of money and do not have the jurisdiction to hear larger civil cases.

Question 16

Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is​
A) ​arbitration.
B) ​mediation.
C) ​negotiation.
D) ​not a legitimate form of dispute resolution.

Accepted Answer

The scenario described is mediation, where a neutral third party (the mediator) assists the disputing parties in reaching a mutually acceptable agreement. Unlike arbitration, the mediator does not make a decision for the parties.

Question 17

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This​
A) ​is a decision on the merits that has value as a precedent.
B) ​indicates agreement with the Montana court's decision.
C) ​means nothing.
D) ​means that the Montana court's decision is the law in Montana.

Accepted Answer

When the United States Supreme Court does not hear a case, it means that the lower court's decision stands and becomes final. In this case, the Montana Supreme Court's decision against Natural Grocery Mart is therefore the law in Montana.

Question 18

Sforza files a suit against Thieu. If this suit is like most cases, it will be​
A) ​dismissed during a trial.
B) ​settled before a trial.
C) ​resolved only after a trial.
D) ​appealed to a higher court.

Accepted Answer

Most cases are settled before a trial through negotiation, mediation, or other forms of alternative dispute resolution. Only a small percentage of cases actually go to trial.

Question 19

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

Accepted Answer

Since Nick operates a website through which Ohio residents have done substantial business with him, the court is most likely to have jurisdiction over Nick if Milo's claim arises from Nick's web site activities.

Question 20

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely​
A) ​compel arbitration.
B) ​review the merits of the dispute.
C) ​review the sufficiency of the evidence.
D) ​set aside any award.

Accepted Answer

The meeting between the arbitrator and First Community's representative without General Hydraulics' representative being present violates General Hydraulics' right to due process and could result in substantial prejudice to their rights. As a result, a court would be likely to set aside any award resulting from the arbitration.

Quiz 2: Courts and Alternative Dispute Resolution

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​

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​

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether​

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to​

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia​

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

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is​

The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of​

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of​

Carol files a suit against Andy in a state trial court and loses. Carol can​

Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is​

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This​

Sforza files a suit against Thieu. If this suit is like most cases, it will be​

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from​

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

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

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for

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

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia

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

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is

The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of

Carol files a suit against Andy in a state trial court and loses. Carol can

Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This

Sforza files a suit against Thieu. If this suit is like most cases, it will be

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from