1.National Computers, Inc, was incorporated in Nebraska, has its main office in Kansas, and does business in Missouri. National is subject to the jurisdiction of
a. Nebraska, Kansas, and Missouri
b. Nebraska and Kansas, but not Missouri
c. Nebraska and Missouri, but not Kansas
d. Kansas and Missouri, but not Nebraska
2.Alpha, Inc., sues Beta, Inc., in a state court. Alpha loses and files an appeal with the state appeals court. The appeals court will
a. not retry the case, because the appropriate place for the retrial of a state case is a federal court
b. not retry the case, because an appeals court examines the record of a case, looking at questions of law and procedure for errors by the trial court
c. retry the case, because after a case is tried a party has a right to an appeal
d. retry the case, because Alpha and Beta do not agree on the result of the trial
3.A suit can be brought in a federal court if it involves
a. a question under the Constitution, a treaty, or a federal law
b. citizens of different states, a foreign country and a U.S citizen, or a foreign citizen and an American citizen, and the amount in controversy is more than $75,000
c. either a or b
d. none of the above
4.Ace Corporation, which is based in Texas, advertises on the Web. A court in Illinois would be most likely to exercise jurisdiction over Ace if Ace
a. conducted substantial business with Illinois residents at its Web site
b. interacted with any Illinois resident through its Web site
c. only advertised passively at its Web site
d. all of the above
5.Ann sues Carla in a state trial court. Ann loses the suit. If Ann wants to appeal, the most appropriate court in which to file the appeal is
a. the state appellate court
b. the nearest federal district court
c. the nearest federal court of appeals
d. the United States Supreme Court
6.The first step in a lawsuit is the filing of pleadings, and the first pleading filed is the complaint. The complaint contains
a. a statement alleging jurisdictional facts.
b. a statement of facts entitling the complainant to relief
c. a statement asking for a specific remedy
d. all of the above
7.The purposes of discovery include
a. saving time b. narrowing the issues c. preventing surprises at trial d. all of the above
8.Jim and Bill are involved in an automobile accident. Sue is a passenger in Bill’s car. Jim attorney wants to ask Sue, as a witness, some questions concerning the accident. Sue’s answer to the questions are given in
a. a deposition b. a response to interrogatories c. a rebuttal d. none of the above
9.After the entry of a judgment, who can appeal?
a. only the winning party b. only the losing party c. Either the winning party or the losing party d. None of the above
10.Cobb and Roberts submit their dispute to binding arbitration. A court can set aside the arbitrator’s award if
a. Roberts is not satisfied with the award
b. Robe is not satisfied with the award
c. the award involves at least $75,000
d. the award violates public policy
1.Bento Cuisine is a lunch-cart business. It occupies a street corner in Texarkana, a city that straddles the border of Arkansas and Texas. Across the street-and across the state line, which runs down the middle of the street-is Rico’s Tacos. The two businesses compete for customers. Recently, Bento has begun to believe that Rico’s is engaging in competitive behavior that is illegal.
If Bento were to file a lawsuit against Rico’s, in which type of court could Bento initiate the action? (Bento could file a suit against Rico’s in a trial court of___________ jurisdiction in either the state of Bento’s location or the state of Rico’s location. Because there appears to be diversity of ____________ in this situation, if the amount in controversy could conceivably exceed $75,000, a suit might instead be filed in a _____________ district court, which is the equivalent of a state trial court of general jurisdiction.
2.Bento files a lawsuit against Rico’s. Bento believes that it has both the law and the facts on its side. At the end of the trial, however, the jury decides against Bento, and the judge issues a ruling in favor of Rico’s.
If Bento is unwilling to accept this result, what are its options? Bento’s first option might be to file a motion to set aside the verdict and hold a new_________________. This motion will be granted if the judge is convinced, after examining the evidence, that the jury was in error but does not think it appropriate to issue a judgment for Bento’s side. Bento’s second option would be to appeal the trial court’s judgment, including a denial of the motion for a new trial, to the appropriate court of______________. An appellate court is most likely to review the case for errors in _____________, not fact. In any case, the appellate court will not hear new__________________.