BUS 346 Week 2 Quiz | Assignment Help | Mercer University
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- 11 Sep 2020
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BUS 346 Week 2 Quiz | Assignment Help | Mercer University
Exam 2: Chapter 2
Question 1
On a motion for
judgment on the pleadings, a court may consider evidence outside the pleadings.
o
True
o
False
Question 2
A closing argument is a
statement by a party that results in a summary judgment in that party’s favour.
o
True
o
False
Question 3
Lawyers are not allowed
to represent people in small claims courts in any of the states.
o
True
o
False
Question 4
In mediation, the
mediator proposes a solution that includes what compromises are necessary to
reach an agreement.
o
True
o
False
Question 5
The amount in
controversy in a diversity of citizenship case must be more than $1 million
before a federal court can take jurisdiction.
o
True
o
False
Question 6
Negotiation is the most
complex form of alternative dispute resolution.
o
True
o
False
Question 7
A default judgment is a
judgment entered against the party who brought the claim before the court.
o
True
o
False
Question 8
Arbitration is always
legally binding.
o
True
o
False
Question 9
A motion for a directed
verdict is also known as a motion for judgment as a matter of law.
o
True
o
False
Question 10
A state long arm
statute allows a court to exercise jurisdiction over out-of-state defendants
based on activities that took place within the state.
o
True
o
False
Question 11
A state court can
exercise jurisdiction over an out-of-state defendant who does business in the
state only over the Internet.
o
True
o
False
Question 12
Cases involving
diversity of citizenship arise only between citizens of different states.
o
True
o
False
Question 13
State courts cannot
have exclusive jurisdiction.
o
True
o
False
Question 14
Generally, a state
court’s power is limited to the territorial boundaries of the state in which it
is located and the immediately adjacent states
o
True
o
False
Question 15
Interrogatories are
written questions for which written answers are prepared and signed under oath.
o
True
o
False
Question 16
U.S. district courts
have original jurisdiction in federal matters.
o
True
o
False
Question 17
A business firm may
have to comply with the laws of any jurisdiction in which it actively targets
customers.
o
True
o
False
Question 18
A summary judgment is
granted only if there is no genuine question of law.
o
True
o
False
Question 19
Any relevant material,
except information stored electronically, can be the object of a discovery
request.
o
True
o
False
Question 20
The United States
Supreme Court has original jurisdiction in some situations.
o
True
o
False
Question 21
The case of Max v.
National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream
Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The
difference be-tween a trial and an appellate court is whether
o
the proceedings focus on the
presentation of evidence and the examination of witnesses.
o
the court is appealing.
o
the parties question how the law applies
to their dispute.
o
the subject matter of the case involves
complex facts.
Question 22
Tyler, a citizen of
West Virginia, files a suit in a West Virginia state court against Louisville
Sales Corporation, a Kentucky state company that does business in West
Virginia. The court has original jurisdiction, which means that
o
the case is being heard for the first
time.
o
the court has a unique method of
deciding whether to hear a case.
o
the court has unusual procedural rules.
o
the subject matter of the suit is
interesting and new.
Question 23
Fresh Harvest Company,
which is based on Georgia, packages and sells vegetables. Jack, who is a
resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers
severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity
of citizenship between these parties means that
o
federal and state courts have concurrent
jurisdiction.
o
federal courts have exclusive
jurisdiction.
o
no court has jurisdiction.
o
state courts have exclusive
jurisdiction.
Question 24
To initiate a lawsuit,
Darla files a complaint against E-Sales Company, which responds with an answer.
Together, the complaint and answer are
o
a motion to dismiss.
o
a summons.
o
a writ of certiorari.
o
the pleadings.
Question 25
In Kettle Cafe’s suit
against Food Services, Inc., the court issues a judgment in Kettle’s favor. The
judgment can be appealed to an appropriate court of appeals by
o
either party.
o
Kettle only.
o
Food Service only.
o
neither party.
Question 26
Justin wants to file a
suit against Kemel. For a court to hear the case
o
Kemel must agree.
o
the court must have jurisdiction.
o
the court must issue a deposition.
o
the parties must own property.
Question 27
Megan, a resident of
Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files
suit against Megan. The statute that allows the Texas court to exercise
jurisdiction over Megan is called
o
a long arm statute.
o
an in personam statute.
o
an in rem statute.
o
an out-of-state jurisdiction statute.
Question 28
Lyn files a suit
against Karl. Karl denies Lyn’s charges and sets forth his own claim that Lyn
breached their contract and owes Karl money for the breach. Karl’s claim is
a contrary charge.
a counterclaim.
a counterpoint.
a cross complaint.
Question 29
Carol files a suit
against Andy in a state trial court and loses. Carol
o
cannot take her case any higher in the
court system.
o
can insist that the United States
Supreme Court hear her case.
o
can plead her case before an appellate
court.
o
can plead her case before a small claims
court.
Question 30
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
o
a U.S. district court.
o
the Minnesota Supreme Court.
o
the United States Supreme Court.
o
the U.S. Court of Appeals for the Eighth
Circuit.
Question 31
The Arizona Supreme
Court rules against Jennifer in a case against Kut Rate Stores, Inc. Jennifer
wants to appeal her case to the United States Supreme Court. She must ask the
Court to issue a writ of
o
appeal.
o
certiorari.
o
jurisdiction.
o
summons.
Question 32
Wade wants to initiate
a suit against Valley Vacation Tours by filing a complaint. The complaint
should include
o
an explanation to refute any defense the
defendant might assert.
o
a motion for summary judgment.
o
a motion to dismiss.
o
a statement of the facts necessary to
show Wade is entitled to relief.
Question 33
During the trial phase
of Fuel Corporation’s suit against Gas Stations, Inc., their attorneys engage
in voir dire. This is
o
an assessment of the validity of the
arguments for both parties.
o
a determination of the issues to be
argued before the court.
o
the trial.
o
the selection of jurors.
Question 34
Bean Vendors, Inc., and
Java Bistros Corporation dispute a term in their contract.
If Bean and Java have a
long-standing business relationship that they would like to continue, they may
prefer to settle their dispute through mediation because
o
the case will be heard by a mini-jury.
o
the dispute will eventually go to trial.
o
the process is not adversarial.
o
the resolution of the dispute will be
decided an expert.
Question 35
Solar Power, Inc.,
files a suit against Thunder Bay Utility Company and seeks to examine
electronic documents in Thunder’s possession. A legitimate reason for this
examination is that the documents contain
o
evidence about the case.
o
private information about Thunder’s
operations.
o
public information about energy
generation.
o
irrelevant data that can be eliminated
from consideration.
Question 36
Ben 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 agrees to hear the case. This
means that
o
at least four justices approve of
hearing the case.
o
Cathy’s petition does not raise a
possibility of an important constitutional question.
o
the amount in controversy in Cathy’s
suit is greater than $100,000.
o
the Court feels that the lower courts’
judgments were erroneous.
Question 37
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
o
a commercial cyber presence in Missouri.
o
conducted substantial business with
Missouri residents.
o
general maximum contact with Missouri.
o
solicited virtual business in Missouri.
Question 38
David, an Alabama
resident, files a suit in an Alabama court against QuickAds, an Internet
company based in Georgia that provides advertising services. QuickAds’s only
contact with persons in Alabama has been through QuickAds’s passive
advertising. In this case, the Alabama court most likely
o
has jurisdiction.
o
does not have jurisdiction.
o
has concurrent jurisdiction with a
Georgia state court.
o
has concurrent jurisdiction with a
federal court.
Question 39
Elinor sells Cathy a
horse for $2,000. When Elinor goes to the bank to deposit Cathy’s check, the
check bounces. Elinor is furious and files suit against Cathy. Elinor probably
filed her suit in
o
a small claims court.
o
a domestic relations court.
o
a municipal court.
o
a probate court.
Question 40
Jack and Jill, citizens
of Vermont, are involved in a case related to the adoption of their child. Over
this case, the Vermont state courts have
o
concurrent jurisdiction with federal courts.
o
concurrent jurisdiction with other state
courts.
o
exclusive jurisdiction.
o
no jurisdiction.
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