1. Federal courts are superior to state courts.
1. The courts can decide whether the other branches of government have
acted within the scope of their constitutional authority.
1. Minimum contacts with a jurisdiction can be sufficient to support
jurisdiction over a nonresident defendant.
1. Federal courts have jurisdiction over any case involving citizens of
different states regardless of the amount in controversy.
1. Concurrent jurisdiction exists when neither federal nor state courts
have the power to hear a particular case.
1. A court cannot exercise jurisdiction over an out–of-state defendant who
has only done business in the state over the Internet.
1. Venue is the term for the subject matter of a case.
1. A justiciable controversy is a case in which the court’s decision—the
“justice” that will be served—will be controversial.
1. Generally, lawyers are required to represent people in small claims
courts.
1. Federal cases typically originate in appellate courts.
1. The United States Supreme Court has original jurisdiction in rare
instances.
1. There is one set of procedural rules for federal courts and various sets
for state courts.
1. A default judgment is entered against a party who fails to respond to
the allegations in a complaint.
1. At every stage of a trial, either party can file a motion to dismiss the
case.
1. A summary judgment is granted only if there is no genuine question of
law.
1. If a discovery request involves confidential business information, the
scope of the request can be limited.
1. Hearsay evidence is testimony about a statement made by someone
who was not under oath at the time.
1. A motion for a directed verdict is also known as a motion for judgment
as a matter of law.
1. A trial commences with the plaintiff’s attorney’s direct examination of
the first witness.
1. An appellate court can affirm or reverse the decision of a trial court in
part.
1. The Ohio state legislature passes a law to regulate local delivery serv–
ices. The final authority regarding the constitutionality of this law is
a. the judicial system.
b. the president of the United States.
c. the governor of Ohio.
d. the U.S. Congress.
1. Ginger wants to file a suit against Fred. For a court to hear the case
a. Fred must agree.
b. the court must have jurisdiction.
c. the parties must have no minimum contact with each other.
d. the parties must own property.
1. 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
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.
1. 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.
1. Rolf, a citizen of New Mexico, wants to file a suit against Sandy, a
citizen of Texas, relating to a motorcycle accident in which Rolf’s
injuries resulted in medical costs of more than $75,000. 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.
1. 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
a. a “substantial enough” connection with the state.
b. “downloading” from the state.
c. not connected with the state.
d. “uploading” to the state.
1. 3D HD TV Company, a firm in Minnesota, advertises on the Web. A
court in North Dakota would be most likely to exercise jurisdiction over
3D HD if the firm
a. conducted substantial business with North Dakota residents
through its Web site.
b. interacted with any North Dakota resident through its Web site.
c. only advertised without interactivity at its Web site.
d. suddenly removed its ad from the Internet.
1. Gaudy Ornaments, Inc., sells decorative ware. Hank, who has never
bought a Gaudy product, files a suit against the firm, alleging that its
products are defective. The firm’s best ground for dismissal of the suit
is that Hank does not have
a. venue.
b. jurisdiction.
c. standing.
d. sufficient minimum contacts.
1. Mariah wins her suit against Natural Products Company. Natural’s best
ground for appeal is the trial court’s interpretation of
a. the conduct of the witnesses during the trial.
b. the credibility of the evidence that Mariah presented.
c. the dealings between the parties before the suit.
d. the law that applied to the issues in the case.
1. Drummond wants to make a federal case out of his dispute with Elena.
Federal cases originate in
a. federal courts of appeals.
b. federal district courts.
c. state trial courts.
d. the United States Supreme Court.
1. 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
a. not required to hear the case.
b. required to hear the case because Cathy lost in a federal court.
c. required to hear the case because Cathy lost in a lower court.
d. required to hear the case because it is an appeal.
1. Ulrica 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. the facts establishing Ulrica’s basis for relief.
1. Beyond-the-Sea Imports, Inc., disputes the use of “beyond-the-sea.com”
as a domain name by Beyond-the-Sea Overseas Exports, Ltd., and files
a suit to resolve the dispute. Service of process must be
a. by e-mail.
b. by personal delivery.
c. by sea.
d. according to the rules of the court in which the suit is brought.
1. Loren files a suit against Mabel, alleging a failure to pay for the
harvest of Mabel’s orchards. Mabel denies Loren’s charge and claims
that Loren breached their contract to harvest a certain number of acres
and owes Mabel money for the breach. Mabel’s claim is
a. a contrary charge.
b. a counterclaim.
c. a counterpoint.
d. a cross complaint.
1. To prepare for a trial between Condo Development Corporation and
Demo Construction Company, Condo’s attorney places Demo’s
president under oath. An authorized court official makes a record of
the attorney’s questions and the officer’s answers. This is
a. a cross examination.
b. a deposition.
c. e-evidence.
d. an interrogatory.
1. In Dawg Stop’s suit against Condiment Vendor, Inc., Dawg serves a
written request for Condiment to admit the truth of matters relating to
the trial. Condiment’s admission in response is the equivalent of
a. an admission in court.
b. a statement to the media.
c. information to which Condiment has a right of privacy.
d. irrelevant evidence.
1. During a trial in Gene’s suit against Homer over the use of Gene’s
lakeside cabin, Gene’s attorney asks questions of the plaintiff’s witness
Illya. This is
a. a cross-examination.
b. a deposition.
c. a direct examination.
d. an interrogatory.
1. During a trial, the attorney for Gloria the plaintiff questions her witness
Heidi. Heidi, who is not an expert in the matter about which she is
being asked, can
a. testify about any of the facts in the case.
b. testify about only what she personally observed.
c. offer her opinion about any of the evidence.
d. offer her conclusion with regard to the case.
1. After a trial between OptiGames, Inc., and Play Video Corporation, the
jury renders a verdict in OptiGames’s favor. Play Video’s attorney can
file a motion
a. for a new trial.
b. for judgment on the pleadings.
c. for summary judgment.
d. to dismiss the case.
1. In Recycle Cafe’s suit against Sanitary Services, Inc., the court issues
a judgment in Recycle’s favor. The judgment can be appealed to an
appropriate court of appeals by
a. neither party.
b. Recycle only.
c. Recycle or Sanitary.
d. Sanitary only.
1. 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?
1. Elle is walking to work along a sidewalk next to a road. A truck owned
by Fast Distribution Company (FDC) strikes and injures Elle, causing
her injuries that result in more than $250,000 in medical expenses. Elle
is a resident of Georgia, where the accident occurred. FDC has its
principal place of business, and is incorporated, in Delaware. In what
court may Elle sue FDC?
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