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4 Chapter M/C Law Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has a. federal question jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. b. in personam jurisdiction. Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has a. federal question jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. c. in rem jurisdiction. Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with general jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank. The difference between general and limited jurisdiction is a. the subject matter of the cases that the courts can decide. b. whether a case is being heard for the first time. c. whether a suit is filed against a single individual or many people. d. whether a suit is filed by a citizen or by a business. a. the subject matter of the cases that the courts can decide. Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court does not have concurrent jurisdiction. c. the court has standing. d. the court has venue.a. the case is being heard for the first time. Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a. any court to exercise in rem jurisdiction. b. a federal district court to exercise original jurisdiction. c. a U.S. court of appeals to exercise appellate jurisdiction. d. the United States Supreme Court to issue a writ of certiorari. b. a federal district court to exercise original jurisdiction. 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. b. conducted substantial business with Missouri residents. Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora 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 d. is a more convenient location to hold the trial. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts. c. standing. 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 b. the Minnesota Supreme Court. 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. d. means that the Idaho court's decision is the law in Idaho. Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a motion for judgment n.o.v. c. a motion for judgment on the pleadings. d. a statement of the grounds for the court to exercise jurisdiction d. a statement of the grounds for the court to exercise jurisdiction. Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include a. an explanation to refute any defense the defendant might assert. b. a motion for summary judgment. c. a motion to dismiss. d. a statement of the facts necessary to show Ula is entitled to relief d. a statement of the facts necessary to show Ula is entitled to relief. Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is a. a counterclaim. b. a crosclaim. c. an affirmative defense. d. an irrelevant response. a. a counterclaim. Olsen Grocery Company files a suit against Pickle Products, Inc. Pickle responds that even if Olsen's statement of the facts is true, according to the law Pickle is not liable. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss. d. a motion to dismiss. Carol files a suit against Downwind Boat Corporation. Downwind responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Downwind supports this response with witnesses' sworn statements. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss. c. a motion for summary judgment. Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to a. Retail only. b. Retail, Sid, or Tod. c. Sid only. d. Sid or Tod only. a. Retail only. In Ed's suit against First National Bank, the discovery phase would include all of the following EXCEPT a. Ed's complaint. b. Ed's deposition. c. Ed's requests for First National's admissions. d. First National's replies to Ed's Ed's interrogatories a. complaint. To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is a. a cross-examination. b. a deposition. c. an imposition. d. an interrogatory. b. a deposition. During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. the assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the litigation of the issues and arguments. d. the selection of jurors. d. the selection of jurors. In Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury returns a verdict in Fancy's favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v. c. a new trial. In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v. d. judgment n.o.v. Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court After its review of Kelly v. Lewis, the appellate court can a. affirm, reverse, or remand all or part of the lower court's decision. b. only affirm or reverse all or part of the lower court's decision. c. only remand all or part of the lower court's decision. d. only reverse or remand all or part of the lower court's decisiona. affirm, reverse, or remand all or part of the lower court's decision. a. affirm, reverse, or remand all or part of the lower court's decision. Edie files a suit against Frank. If this suit is like most cases, it will be a. dismissed during a trial. b. dismissed or settled before a trial. c. resolved only after a trial. d. settled at a trial. b. dismissed or settled before a trial. Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is a. arbitration. b. litigation. c. mediation. d. negotiation. c. mediation. Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is a. arbitration. b. litigation. c. mediation. d. negotiation d. negotiation. Jim files a suit against Kay. 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 renders a legally binding decision. This is a. arbitration. b. litigation. c. mediation. d. negotiation a. arbitration. Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be a. arbitration because the case will be heard by a mini-jury. b. litigation because each party will pay its own legal fees. c. mediation because the dispute will be resolved by a non-expert. d. negotiation because no third parties are needed. d. negotiation because no third parties are needed. Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert c. the process is not adversarial. Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of a. arbitration. b. conciliation. c. intervention. d. mediation. a. arbitration. National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration. The arbitrator's decision is called a. a conclusion of law. b. a finding of fact. c. an award. d. a verdict. c. an award. Owen, in Pennsylvania, and Quik Jobs, 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. a. do nothing. Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration. d. order a party to submit to arbitration. In Harley's suit against Irma, the parties meet before going to trial, and each party's attorney argues the party's case before the other party. A third party renders an opinion as to how a court would likely decide the dispute. This is a. a mini-trial. b. arbitration. c. a summary jury trial. d. early neutral case evaluation a. a mini-trial. Molly files a suit against Naomi. 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. court-ordered arbitration. b. early neutral case evaluation. c. a mini-trial. d. a summary jury trial. d. a summary jury trial. 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. a. not at all. ... View Full Document

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