Question 1

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

The best ground for dismissal of Naomi's suit is that she does not have standing. To have standing means that a person must demonstrate that they have suffered actual harm or injury as a result of the defendant's actions. Since Naomi has never bought or used a Mediocrité item, she cannot show that she has suffered any harm or injury from their products, and therefore does not have standing to bring a suit against the company.

Question 2

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​ 
A) ​contra charge. 
B) counterclaim.​ 
C) ​counterpoint. 
D) ​cross-complaint.

Accepted Answer

Ava's claim is known as a counterclaim, which is a claim made by the defendant in response to the plaintiff's claim in a lawsuit. In this case, Ava is arguing that Daniel breached their contract and owes her damages, which is a separate legal issue from whether or not she owes him for his labor.

Question 3

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 Supreme Court is not required to hear every case that is appealed to them. They have discretion in choosing which cases they will hear.

Question 4

Noah files a suit in a state court against Olivia.The case proceeds to trial,after which the court renders a verdict.If either party appeals,the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​ 
A) ​a brief including the arguments of both parties. 
B) ​a copy of the record on appeal. 
C) ​an explanation for the verdict. 
D) ​a statement of the grounds for reversal.

Accepted Answer

The clerk of the trial court will send a copy of the record on appeal to the appellate court within a prescribed period of time. This is typically done in order to provide the appellate court with all of the relevant information from the trial court proceedings. The brief (choice A) and statement of grounds for reversal (choice D) may be submitted by the parties themselves, but the record on appeal will be sent by the court. An explanation for the verdict (choice C) is typically included in the court's written opinion, but this may not be necessary for the purpose of the appeal. Therefore, choice B is the best option.

Question 5

In a suit by the National Forest Preservation Organization (NFPO)against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of​ 
A) ​an admission in court. 
B) a statement to the media.​ 
C) ​information to which Old Growth has a right of privacy. 
D) ​irrelevant evidence.

Accepted Answer

Old Growth's admission in response to NFPO's written request is an admission in court, which can be used as evidence against Old Growth in the trial.

Question 6

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

Accepted Answer

Carol can appeal her case to an appellate court which will review the decision made by the state trial court. Once the appellate court has made its decision, Carol may then have the option to appeal her case further to a higher court, such as the United States Supreme Court. However, this is generally only done in significant legal cases and not every case.

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 adoption of children within the state. Federal courts and other state courts do not have jurisdiction over such cases.

Question 8

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint.The complaint should include a statement alleging the facts establishing​ 
A) ​an explanation to refute any defense Open Pit might assert. 
B) ​a motion for summary judgment. 
C) ​a motion to dismiss. 
D) ​Mountain's basis for relief.

Accepted Answer

A complaint should include a statement alleging the facts establishing the plaintiff's basis for relief, which is typically the cause of action or legal theory upon which the plaintiff seeks relief from the defendant. This will serve as the foundation for the complaint and the subsequent legal proceedings. Options A, B, and C are not appropriate for inclusion in the complaint at this stage.

Question 9

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​ 
A) ​the answer. 
B) the complaint.​ 
C) ​the writ of certiorari. 
D) ​the summons.

Accepted Answer

The document that informs the defendant (Concessions & Tailgate Services) that they must file an answer within a specified time period is the summons. The complaint is the document filed by the plaintiff (Ballpark Sportsfield, Inc.) to initiate the lawsuit. The answer is the document filed by the defendant in response to the complaint, and the writ of certiorari is a type of order issued by a higher court to review a lower court's decision.

Question 10

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is a​ 
A) ​counterclaim. 
B) ​motion for judgment on the pleadings. 
C) ​motion for summary judgment. 
D) ​motion to dismiss.

Accepted Answer

The answer of Gabrielle files a suit against Hard 'n...

Question 11

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 may be a basis for a federal court to exercise original jurisdiction.

Question 12

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 include a statement alleging the facts showing the court has jurisdiction over the case. Options A and B are not necessary to include in a complaint. Option C is not applicable as a motion for judgment on the pleadings is a separate procedural step.

Question 13

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 an appellate court.After the state's highest 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 question of state law remains 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 that involve a federal question, meaning a dispute that involves the U.S. Constitution, federal law, or treaties of the United States. A state law dispute would not be within the jurisdiction of the Supreme Court. Choice B is incorrect because if a question of state law remains unresolved, then the case would need to be remanded back to the state court to address that issue. Choice C is incorrect because simply being unsatisfied with the result is not sufficient grounds for an appeal to the Supreme Court. Choice D is incorrect because the state trial and appellate court rulings being different does not automatically grant the right to appeal to the Supreme Court - there needs to be a federal question involved.

Question 14

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

Jurisdiction can be established if a company conducts substantial business with residents of a particular state. In this case, if All Bikes, Inc. does substantial business with Ohio residents over the internet, the court in Ohio would have jurisdiction.

Question 15

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​ 
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 means that the court is hearing the case for the first time, as opposed to an appellate or higher court that reviews a case that has already been heard in a lower court. The other options do not accurately describe the concept of original jurisdiction.

Question 16

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 17

Destiny and Enzo engage in a business transaction.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.If Enzo files a motion to dismiss,he is asserting that​ 
A) ​Destiny did not state a claim for which relief can be granted. 
B) ​Destiny's statement of the facts is not true. 
C) ​Destiny's statement of the law is not true. 
D) ​Enzo suffered greater harm than Destiny.

Accepted Answer

When Enzo files a motion to dismiss, he is essentially arguing that Destiny did not state a claim for which relief can be granted. In other words, Enzo is saying that even if everything Destiny said in her complaint is assumed to be true, her claim still fails legally. This is different from challenging the facts or the law itself.

Question 18

Sofia files a suit against Turista Airlines,Inc.Turista 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.Turista supports this response with witnesses' sworn statements.This is a​​ 
A) ​counterclaim. 
B) ​motion for judgment on the pleadings. 
C) ​motion for summary judgment. 
D) ​motion to dismiss.

Accepted Answer

Turista's response is a motion for summary judgment, as it argues that there are no material facts in dispute and the case can be decided solely on the application of the law. The supporting witnesses' sworn statements are intended to show that there are no genuine issues of material fact in dispute, and thus no need for a full trial.

Question 19

Neville files a suit against Olina.If Olina fails to respond,​ 
A) Neville must appeal the case to a different court.​ 
B) ​Olina's failure to respond will be considered a denial. 
C) ​Neville will not be awarded a remedy. 
D) Olina will have a default judgment entered against her.​

Accepted Answer

Olina's failure to respond will result in a default judgment being entered against her, meaning Neville will be awarded a remedy without further court proceedings.

Question 20

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 will likely file for a default judgment, which means the court will automatically rule in her favor since Josh did not respond to the lawsuit. Therefore, Isabel will have a judgment entered in her favor.

Quiz 3: The Courts and Alternative Dispute Resolution

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

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a

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

Noah files a suit in a state court against Olivia.The case proceeds to trial,after which the court renders a verdict.If either party appeals,the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of

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

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

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint.The complaint should include a statement alleging the facts establishing

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is a

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

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

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

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

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

Destiny and Enzo engage in a business transaction.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.If Enzo files a motion to dismiss,he is asserting that

Sofia files a suit against Turista Airlines,Inc.Turista 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.Turista supports this response with witnesses' sworn statements.This is a

Neville files a suit against Olina.If Olina fails to respond,

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,

Quiz 3: The Courts and Alternative Dispute Resolution

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​

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​

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​

Noah files a suit in a state court against Olivia.The case proceeds to trial,after which the court renders a verdict.If either party appeals,the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time​

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging,Inc.,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of​

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

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​

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint.The complaint should include a statement alleging the facts establishing​

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is a​

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​

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

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​

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​

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​

Destiny and Enzo engage in a business transaction.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.If Enzo files a motion to dismiss,he is asserting that​

Sofia files a suit against Turista Airlines,Inc.Turista 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.Turista supports this response with witnesses' sworn statements.This is a​​

Neville files a suit against Olina.If Olina fails to respond,​

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,​