Question 1

The Ohio state legislature passes a law to regulate local delivery serv?ices.The final authority regarding the constitutionality of this law is

Accepted Answer

The judicial system, specifically the courts, have the authority to determine if laws are constitutional or not. This is established by the principle of judicial review, which grants the courts the power to interpret the constitutionality of laws passed by the legislature or executive branches of government. The president, governor, and U.S. Congress do not have the final authority in determining the constitutionality of laws passed by state-level legislatures.

Question 2

Ginger wants to file a suit against Fred.For a court to hear the case

Accepted Answer

For a court to hear a case, it must have jurisdiction over the parties involved. This means that the court must have the authority to hear the case and make a decision. Jurisdiction can be established through various factors such as the defendant's residence, the location where the incident occurred, or where the contract was signed. Fred's agreement or the ownership of property are not factors that determine jurisdiction. The parties having minimum contact with each other may be a factor in establishing jurisdiction.

Question 3

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

Accepted Answer

The Supreme Court is not required to hear any case, even if requested by a party who has lost in lower courts. The Court has discretion to choose which cases it will hear, based on various factors such as legal significance and potential impact on society.

Question 4

Quik Results,Inc.,a Maine corporation,makes and sells Power Up!,a weight-gain and muscle-building supplement.Orin,a citizen of New York,sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club.Within ten days of beginning to use Power Up!,Orin suffers internal injuries.Alleging that the injuries are caused by Power Up!,Orin files a suit against Quik in a New York state court.Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik.What is the court most likely to rule and why?

Accepted Answer

The answer of Quik Results,Inc.,a Maine corporation,makes and sells Power...

Question 5

Fact Pattern 2-A1 (Questions A14-A16 apply)
Java Cafes,Inc.,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-A1.If Java and Kaffe have a long-standing busi?ness relationship that they would like to continue,a preferred method of set?tling their dispute may be mediation because

Accepted Answer

Mediation is a preferred method of settling a dispute if the parties have a long-standing business relationship that they would like to continue because it is a non-adversarial process. In mediation, a neutral third party facilitates a discussion between the parties to help them reach a mutually agreeable resolution, rather than imposing a decision like a judge or arbitrator would. This can help preserve the relationship between the parties and allow them to continue doing business together in the future.

Question 6

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

Accepted Answer

A trial court is where a trial is initially held, while an appellate court reviews the trial court's decision.

Question 7

Transnational Corporation and UniShip,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having ju?ris?dic?tion may

Accepted Answer

The arbitration clause indicates that UniShip, Inc. and Transnational Corporation have agreed that any dispute that arises between them will be resolved through arbitration rather than a court proceeding. Therefore, if a dispute arises, a court having jurisdiction may order a party to submit to arbitration. Option A is incorrect because the court does not have the authority to monitor the arbitration. Option B is incorrect because the court cannot order an arbitrator to rule in a specific manner. Option C is incorrect because the parties have agreed to resolve disputes through arbitration, so the court does not have the authority to order a party to bring the dispute to court.

Question 8

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

Accepted Answer

Federal district courts are the trial courts of the federal court system, and are where most federal cases begin. Therefore, if Drummond wants to make a federal case out of his dispute with Elena, he would need to file his case in a federal district court.

Question 9

Vince files a suit against Will.Vince and Will meet,and each party's at?torney argues the party's case before a judge and jury.The jury presents an advisory verdict,after which the judge meets with the parties to en?courage them to settle their dispute.This is

Accepted Answer

This is a summary jury trial, which involves a nonbinding advisory verdict and a settlement conference with the judge.

Question 10

Mariah wins her suit against Variety Products Company.Variety's best ground for appeal is the trial court's interpretation of

Accepted Answer

The trial court's interpretation of the law that applied to the issues in the case is typically the strongest ground for appeal, as it involves the court's rulings on legal issues such as the interpretation and application of statutes or case law. Credibility of evidence and conduct of witnesses may be challenged during the trial but may not necessarily invalidate the court's interpretation of the law. Dealings between the parties before the suit may also not be relevant to the interpretation of the law.

Question 11

Rolf,a citizen of New Mexico,wants to file a suit against Sandy,a citizen of Texas.Their diversity of citizenship may be a basis for

Accepted Answer

Diversity of citizenship is a basis for federal court to exercise original jurisdiction under 28 U.S. Code § 1332. So, Rolf can file a suit against Sandy in a federal court.

Question 12

Fact Pattern 2-A1 (Questions A14-A16 apply)
Java Cafes,Inc.,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-A1.Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the ad?vantages of

Accepted Answer

Resolving a dispute through a neutral third party making a binding decision is one of the primary advantages of arbitration.

Question 13

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 busi?ness with Macro.The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

Accepted Answer

The court is most likely to exercise jurisdiction over Macro Sales, Inc. if the interactivity of the website is seen as a "substantial enough" connection with the state. As the website allows New Jersey residents to do business with Macro Sales, Inc., it establishes a significant enough presence within the state to warrant jurisdiction.

Question 14

Shelly and Tom disagree over the amount of money due under their con?tract.To avoid involving any third party in a resolution of the dispute,Shelly and Tom might prefer to use the alternative dispute resolution method of

Accepted Answer

Negotiation is a method where the parties involved directly communicate with each other to resolve their dispute without involving any third party.

Question 15

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an on?line forum.Like most online forums,2BRNot2B.com applies

Accepted Answer

Online forums typically apply general, universal legal principles to resolve disputes, rather than specific jurisdictional laws or international jurisprudence.

Question 16

Olivia files a suit against Parker.If this suit is like most cases,it will be

Accepted Answer

The majority of civil cases are dismissed or settled before they go to trial. Only a small percentage of cases actually go to trial and are resolved in a courtroom.

Question 17

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

Accepted Answer

The best ground for dismissal of the suit is that Jock does not have standing. Standing is the legal right to bring a lawsuit, and a plaintiff must have suffered an injury that is concrete and particularized, actual or imminent, and not speculative in order to have standing. Since Jock has never bought an Inferior product, he has not suffered an injury and therefore lacks standing to bring the lawsuit. Certiorari is a type of writ used for asking a higher court to review a case, jurisdiction refers to the power of a court to hear and decide a case, and sufficient minimum contacts refers to the level of activity in a state required for that state to have jurisdiction over a defendant in a lawsuit.

Question 18

Eden Property Sales Corporation and Dion agree to re?solve their dispute in arbitration.The arbitrator's decision is called

Accepted Answer

The decision of an arbitrator is referred to as an award. While arbitrators may make legal conclusions and factual findings, the final decision is ultimately referred to as an award. A verdict is typically associated with a jury trial in a court of law, and a conclusion of law or finding of fact is usually issued by a judge.

Question 19

Inferior Company,which is based on South Carolina,makes and sells prod?ucts that are poorly made.Jack,who is a resident of North Carolina,buys an Inferior product and suffers an injury through its use.The diversity of citi?zenship between these parties means that

Accepted Answer

Because there is diversity of citizenship between the parties, the case can be brought in either a federal court or a state court. Therefore, both federal and state courts have concurrent jurisdiction over this case.

Question 20

Fact Pattern 2-A1 (Questions A14-A16 apply)
Java Cafes,Inc.,and Kaffe Import Corporation dispute a term in their contract.
-Refer to Fact Pattern 2-A1.The least expensive method to resolve the dis?pute between Java and Kaffe may be

Accepted Answer

Negotiation is the least expensive method to resolve the dispute between Java and Kaffe because no third parties are needed. It allows both parties to come to a mutually beneficial agreement without involving costly legal or mediation fees.

Quiz 2: Courts and Alternative Dispute Resolution