Question 1

Neville files a suit against Olina. In order to avoid a default judgement, Olina must

Accepted Answer

A)  file a motion for summary judgment. 
B)  countersue within thirty days of receiving the complaint. 
C)  deny all facts Neville asserted. 
D)  file a motion to dismiss or an answer.

Question 2

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for

Accepted Answer

A)  no court to exercise jurisdiction. 
B)  a federal court to exercise jurisdiction. 
C)  any court to exercise jurisdiction. 
D)  the United States Supreme Court to refuse jurisdiction.

Question 3

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

Accepted Answer

A)  federal jurisdiction. 
B)  in personam jurisdiction. 
C)  in rem jurisdiction. 
D)  no jurisdiction.

Question 4

Renee files a suit against Travis. Both agree to submit their dispute to mediation. The mediator proposes a resolution to their dispute. Travis agrees to the proposal but Renee does not. Renee

Accepted Answer

A)  must accept the proposal as binding. 
B)  does not have to accept the proposal. 
C)  must continue to negotiate for at least thirty days before rejecting the proposal. 
D)  can have the case transferred to an appellate court.

Question 5

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

Accepted Answer

A)  minimum contacts between Honi and any Iowa resident. 
B)  substantial business between Jean and Honi through Honi's website. 
C)  passive advertising on Honi's website. 
D)  the Internet's capacity to bypass boundaries.

Question 6

A motion for summary judgment asserts that there are no disputed issues of fact that would necessitate a trial.

Accepted Answer

A) True 
 B)False

Question 7

All trials must have a jury of one's peers in order to be legally valid.

Accepted Answer

A) True 
 B)False

Question 8

The role of the courts is to apply the law, whatever its source, to a given set of facts.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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.

Question 10

An appellate court may affirm or reverse a lower court's decision.

Accepted Answer

A) True 
 B)False

Question 11

A court of appeals generally receives evidence presented at the trial court as well as new evidence presented during the appeal.

Accepted Answer

A) True 
 B)False

Question 12

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

Accepted Answer

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.

Question 13

A deposition elicits sworn testimony by the opposing party or any witness and is recorded by an authorized court official.

Accepted Answer

A) True 
 B)False

Question 14

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

Accepted Answer

A)  Downwind does not have a valid defense. 
B)  the case can be disposed of without a trial. 
C)  the solvency of Downwind is in question. 
D)  Commercial is legally entitled to a remedy.

Question 15

A default judgment is a judgment against neither party to a case.

Accepted Answer

A) True 
 B)False

Question 16

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the trial judge committed errors of law. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings regarding its legal conclusions? If not, why not? What are an appellate court's options after reviewing a case?

Accepted Answer

The answer of Norwest Trucking Corporation files a suit in...

Question 17

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Accepted Answer

A)  appellate jurisdiction. 
B)  general jurisdiction. 
C)  limited jurisdiction. 
D)  no jurisdiction.

Question 18

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies

Accepted Answer

A)  general, universal legal principles. 
B)  the provisions of the Federal Arbitration Act. 
C)  jurisprudence developed by the United Nations. 
D)  the law of California (or another specific U.S. jurisdiction).

Question 19

A posttrial motion can be made to set aside the verdict and hold a new trial.

Accepted Answer

A) True 
 B)False

Question 20

A Texas state court can exercise jurisdiction over an out-of-state company if the company has

Accepted Answer

A)  minimum contacts with Texas. 
B)  contacts with citizens of Texas through a website with no interactivity. 
C)  contacts with a foreign state. 
D)  contacts with any state.

Exam 3: The Courts and Our Legal System

Neville files a suit against Olina. In order to avoid a default judgement, Olina must

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

Renee files a suit against Travis. Both agree to submit their dispute to mediation. The mediator proposes a resolution to their dispute. Travis agrees to the proposal but Renee does not. Renee

Honi is not a resident of Iowa although her website can be accessed by residents of that state. Jean files a suit against Honi in an Iowa state court. The court is most likely to have jurisdiction over Honi if Jean's claim arises from

A motion for summary judgment asserts that there are no disputed issues of fact that would necessitate a trial.

All trials must have a jury of one's peers in order to be legally valid.

The role of the courts is to apply the law, whatever its source, to a given set of facts.

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

An appellate court may affirm or reverse a lower court's decision.

A court of appeals generally receives evidence presented at the trial court as well as new evidence presented during the appeal.

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

A deposition elicits sworn testimony by the opposing party or any witness and is recorded by an authorized court official.

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

A default judgment is a judgment against neither party to a case.

State trial courts that are called county, district, superior, or circuit courts are most likely to have

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies

A posttrial motion can be made to set aside the verdict and hold a new trial.

A Texas state court can exercise jurisdiction over an out-of-state company if the company has