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courts fall2013

Page history last edited by abogado 7 years, 2 months ago

Quizzes-Law10-Fall2013

 

Chp. 2 Courts

multiple choice questions

 

1.      Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through that state. Janette files a suit against Harvey in Kentucky.  Regarding Harvey, Kentucky has

 

a.         diversity jurisdiction.

b.         in personam jurisdiction.

c.         in rem jurisdiction.

d.         no jurisdiction.

 

 

2.      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.

 

 

 

3.      Lora is a resident of Illinois. Ned is a resident of Wisconsin. They dispute the ownership of a boat docked in a Michigan harbor. This diversity of citizenship could serve as a basis for

 

a.         federal jurisdiction.

b.         general jurisdiction.

c.         limited jurisdiction.

d.         state jurisdiction.

 

 

4.      Jo files a suit against Lara in a Missouri state court. Lara’s only connec­tion to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

 

a.         a commercial cyber presence in Missouri.

b.         conducted substantial business with Missouri residents.

c.         general maximum contact with Missouri.

d.         solicited virtual business in Missouri.

 

 

 

5.      Lacey files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lacey and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

 

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.

 

 

6.      Child’s Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child’s Play. The firm’s best ground for dismissal of the suit is that Drew does not have

 

a.         certiorari.

b.         jurisdiction.

c.         standing to sue.

d.         sufficient minimum contacts.

 

 

7.      Kit loses her suit against Lou in a Minnesota state trial court. Kit ap­peals to the state court of appeals and loses again. Kit would appeal next to

 

a.         a U.S. district court.

b.         the Minnesota Supreme Court.

c.         the United States Supreme Court.

d.         the U.S. Court of Appeals for the Eighth Circuit.

 

 

8.      The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

 

a.         is a decision on the merits with value as a precedent.

b.         indicates agreement with the Idaho court’s decision.

c.         means nothing.

d.         means that the Idaho court’s decision is the law in Idaho.

 

 

9.      Milo files a suit against Otis. At the trial, each party’s attorney pre­sents the party’s case before a judge who hears the dispute and renders a le­gally binding decision. This is

 

            a.         a mini-trial.

            b.         a summary jury trial.

            c.         litigation.

            d.         not a legitimate form of dispute resolution.

 

 

10.   Jackson files a suit against Lance. 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 decide to adopt. This is

 

            a.         arbitration.

            b.         mediation.

            c.         negotiation.

            d.         not a legitimate form of dispute resolution.

 

 

11.   Pixie files a suit against Quiver. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the par­ties. This is

 

            a.         arbitration.

            b.         mediation.

            c.         negotiation.

            d.         not a legitimate form of dispute resolution.

 

 

12.   Owen, in Pennsylvania, and Quonset Structures, Inc., in Maryland agree to have their dispute resolved in arbitration according to the law of Virginia. This is a ground for a court to

 

            a.         do nothing.

            b.         review the merits of the dispute.

            c.         review the sufficiency of the evidence.

            d.         set aside the award.

 

 

13.   Eager Workers Union and Factory Assembly Company have their dis­pute resolved in arbitration. The arbitrator makes a mistake in a conclu­sion of law.  This is a ground for a court to

 

            a.         do nothing.

            b.         review the merits of the dispute.

            c.         review the sufficiency of the evidence.

            d.         set aside the award.

 

 

14.   Far Trade Company and Global Shipping. Inc., have their dispute re­solved in arbitration. The arbitrator meets with Far’s representative to discuss the dispute outside the presence of Global’s representative, be­fore determining the award. If this meeting substantially prejudiced Global’s rights, a court will most likely

 

            a.         do nothing.

            b.         review the merits of the dispute.

            c.         review the sufficiency of the evidence.

            d.         set aside the award.

 

 

15.   Massive Equipment Company and Wastewater Management Corporation agree in writing to submit a dispute to arbitration. In most circumstances, submission to arbitration is possible

 

            a.         for any commercial matter.

            b.         for no commercial matter.

            c.         only after a dispute arises.

            d.         only before a dispute arises.

 

 

16.   Seaside Resort, Inc., adopts an alternative dispute resolution (ADR) pro­gram. Tess, a current employee, signs an agreement under which arbi­tration is subject to “Seaside’s rules, with the employee to bear all costs of the proceeding.” When a dispute arises, Tess refuses to arbitrate. Seaside files a suit to compel arbitration. The court will most likely

 

a.         order arbitration according to Seaside’s rules.

b.         order arbitration but suspend Seaside’s rules.

c.         refuse to order arbitration if a resolution of the dispute is clear.

d.         refuse to order arbitration if Tess lacks the ability to pay.

 

          

17.   Kobe files a suit against Joanna. They meet, and each party’s at­torney 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 en­courage them to settle their dispute. This is

 

            a.         a mini-trial.

            b.         a summary jury trial.

            c.         early neutral case evaluation.

            d.         not a legitimate form of dispute resolution.

 

 

18.   To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties’ recourse to the courts

 

            a.         not at all.

            b.         until the ODR service has issued a decision.

            c.         with respect to any dispute arising between them.

            d.         with respect to this dispute only.

 

 

 

19.   Pan American Pancake House, Inc., a U.S. firm, and Wallaby Waffles, Ltd., an Australian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Pan American and Wallaby over a dispute involving this contract may occur in

 

a.         Australia only.

b.         Australia or the United States, but not both.

c.         Australia, the United States, or both.

d.         the United States only.

 

            

20.   A clause in a contract between Tall Timber Corporation, a U.S. firm, and Wang Woods, Ltd., a Japanese firm, specifies that disputes over the con­tract will be adjudicated in the United States. This is

 

a.         a domestic-dispute clause.

b.         a forum-selection clause.

c.         an adjudication clause.

d.         an arbitration clause.

 

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