Question 1

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 pe-riod 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 clerk of the appellate court within a prescribed period of time. This includes all documents, exhibits, and transcripts from the trial court. The briefs, explanations or statements of grounds for reversal will be filed separately by the parties.

Question 2

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 Airlines, Inc. is requesting a motion for summary judgment. They are claiming that there are no factual disputes and that the only thing left to determine is how the law applies to those facts. This is a common reason for requesting a summary judgment in a case.

Question 3

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 a counterclaim, as it is a claim made by the defendant (Ava) against the plaintiff (Daniel) in response to the plaintiff's original claim. It is distinct from a contra charge, which is a claim made by the defendant against a third party in the same lawsuit, and from a cross-complaint, which is a legal claim made by the defendant against the plaintiff or a third party. The term "counterpoint" is not commonly used in legal contexts.

Question 4

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 between the parties allows for a federal court to exercise original jurisdiction under 28 U.S. Code § 1332.

Question 5

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 file for a default judgment, which means the court will enter a judgment in her favor since Josh failed to respond to the lawsuit. Therefore, option B is the correct answer.

Question 6

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

A written request for admissions is a formal discovery tool used to simplify and streamline the issues to be determined at trial. The responding party must either admit or deny the request. If Old Growth admits the truth of the matters requested, it is considered an admission in court and can be used as evidence against them.

Question 7

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 only hears cases that it deems to have significant legal or constitutional implications, or cases where there is a conflict between lower court decisions. Since the given scenario does not mention any such factors, the Supreme Court is not required to hear the case.

Question 8

Mary 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 Maryv. 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 only has jurisdiction over cases that involve a federal question, meaning there must be an issue or dispute over federal law or the US Constitution.

Question 9

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

The purpose of a complaint is to lay out the plaintiff's basis for relief, which typically involves alleging the facts that support their claim. A statement refuting Open Pit's potential defenses, a motion for summary judgment, and a motion to dismiss would come later in the litigation process, if necessary.

Question 10

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

If Carol loses in a state trial court, she can appeal to an appellate court for a review of the decision. She cannot take the case any higher in the court system unless a constitutional issue arises, in which case she may appeal to the United States Supreme Court. However, in most cases, the Supreme Court has discretion on whether to hear the case or not. Small claims court is only an option for lower-level cases involving relatively small amounts of money.

Question 11

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

If Olina fails to respond, Neville will be awarded a default judgment, meaning he will win the case.

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 must contain a statement alleging the facts establishing the court's jurisdiction over the case. This is necessary to ensure that the proper court hears the case and has the authority to make a decision. It is not necessary to include an explanation of the proof to be offered at trial, a statement refuting any defense, or a motion for judgment on the pleadings in the initial complaint.

Question 13

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 be-tween 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 14

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 that they are being sued and must file an answer within a specified time period is called a summons. Therefore, the answer is D, the summons.

Question 15

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 is typically based on the concept of minimum contacts, meaning that a defendant must have sufficient contact or presence in a state for a court in that state to exercise jurisdiction over them. In the context of e-commerce, courts have generally held that simply having a website accessible in a state is not enough to establish jurisdiction. However, if the website is used to conduct substantial business with residents of that state, such as taking orders or providing services, then it may be enough to establish jurisdiction. Therefore, if All Bikes had substantial business with Ohio residents over the Internet, a court in Ohio would be more likely to exercise jurisdiction over them.

Question 16

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 17

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 that involves its citizens. This means that only Mississippi state courts have the authority to hear and decide on the case, and no other courts, including federal courts or other state courts, can intervene or take jurisdiction over the matter.

Question 18

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 has the authority to hear and decide a case for the first time, rather than on appeal from a lower court or another jurisdiction.

Question 19

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 dis-missal of the suit is that Naomi does not have
A) certiorari.
B) jurisdiction.
C) standing.
D) sufficient minimum contacts.

Accepted Answer

In order to bring a lawsuit, a party must have standing, which means they must have suffered an actual harm or injury. In this case, since Naomi has never bought or used a Mediocrité item, she has not suffered any harm or injury and therefore does not have standing to bring a lawsuit against the company.

Question 20

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

A motion to dismiss challenges the legal sufficiency of the plaintiff's complaint. Enzo is asserting that Destiny did not state a claim for which relief can be granted, meaning that even if all of the facts alleged in the complaint are true, the law does not provide a remedy for the harm or injury alleged.

Quiz 3: Courts and Alternative Dispute Resolution

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 pe-riod of time

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

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

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

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,

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

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

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

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

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

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

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 be-tween a trial and an appellate court is whether

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

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

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

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

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

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 dis-missal of the suit is that Naomi does not have

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