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Business Law
Unit 1 – Challenge 1.3: Judicial Process
Which case would the federal courts be permitted to hear under their diversity of
citizenship jurisdiction?
a.) Two residents of Minnesota are suing each other for breach of contract.
The damages being sought by each party total less than $5,000.
b.) A citizen of Connecticut is suing a newspaper owned and operated in
Massachusetts for defamation. She is seeking damages in the amount of
$2,000,000.
c.) A Colorado property owner is seeking a court order to evict his tenant
from the rental apartment in the basement of his home.
d.) A resident of Hawaii is suing her neighbor for fraud, seeking damages
in the amount of $100,000.
Which case would the federal courts be permitted to hear under their diversity of
citizenship jurisdiction?
a.) A citizen of North Carolina initiates a tort claim against a citizen of
California from whom she recently bought a car. T car's brake system
failed, resulting in an accident, and d are being sought in the amount of
$85,000.
he
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b.) A veterinarian from Pennsylvania is suing one of his
customers, who is also from Pennsylvania, for unpaid bills relating to
the care of her pet cockatoo. The amount of the lawsuit is $18,000.
c.) A Maine resident sues his wife, who is also a Maine resident, for
custody of their two young sons as part of their divorce proceedings.
d.) A citizen of Texas is seeking a temporary restraining order against her former
boyfriend, who is a citizen of Mississippi.
Which case would the federal courts be permitted to hear under their diversity of
citizenship jurisdiction?
a.) A citizen of New York City, NY sues a tenant of a property she owns in
Albany, NY for damages in the amount of $50,000.
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b.) An Idaho resident sues the owner of a company located in Montana for
breach of contract, seeking damages in the amou of $450,000. nt
c.) A resident of Vermont sues the company he hired to build his new home for
damages in the amount of $500,000. The business owner is also a Vermont
resident.
d.) A citizen of Florida sues his local dentist for malpractice, seeking damages in
the amount of $1,000,000.
Which level of state court would most likely decide a case related to child
custody?
a.) General jurisdiction court
b.) Supreme court
c.) Limited jurisdiction court
d.) Intermediate appellate court
Which level of state court would most likely decide a case related to murder?
a.) Supreme court
b.) Intermediate appellate court
c.) General jurisdiction court
d.) Limited jurisdiction court
Which level of state court would most likely decide a case related to small-scale
shoplifting?
a.) Intermediate appellate court
b.) General jurisdiction court
c.) Supreme court
d.) Limited jurisdiction court
If a criminal defendant is dissatisfied with the outcome of a trial, where would he
or she file an appeal?
a.) U.S. Supreme Court
b.) U.S. District Court
c.) U.S. Circuit Cour t
d.) U.S. magistrate
judge
A federal felony criminal trial would be presided over by which level of the federal
court system?
a.) U.S. magistrate judge
b.) Circuit Court judge
c.) District Court judge
d.) U.S. Supreme Court
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justice
Select the correct order of progress for a civil trial through the federal court
system.
a.) U.S. District Court, U.S. Supreme Court, U.S. Circuit Court
b.) U.S. Circuit Court, U.S. Supreme Court, U.S. District Court
c.) U.S. Circuit Court, U.S. District Court, U.S. Supreme Court
d.) U.S. District Court, U.S. Circuit Court, U.S. Supreme Court
Which of the following cases falls under the exclusive subject matter jurisdiction
of the federal courts?
a.) A personal injury lawsuit
b.) A landlord-tenant dispute
c.) A contract dispute
d.) A patent cas e
Which of the following cases falls under the subject matter jurisdiction of a state
court?
a.) A patent claim
b.) An IRS tax dispute
c.) A counterfeiting case
d.) A robber y
Which of the following cases falls under the exclusive subject matter jurisdiction
of the federal courts?
a.) Probate of a will
b.) A murder trial
c.) A bankruptcy proceeding
d.) A divorce proceeding
Select the example where the court has established personal jurisdiction over the
defendant.
a.) Maria is a resident of and business owner in the state of California,
but she is being sued in Oregon by her former employee. Maria was
personally served a summons three weeks ago. Although she has no
substantive connections to Oregon, has since responded to the
summons, appeared in the actio and filed an answer to the complaint.
she
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usiness
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b.) Hadley is being sued by her former business partner. Both Hadley
and the plaintiff are residents of Texas, and their b was located in Texas
as well. Hadley recently fled to Mexico though, and the court's process
server has been unable to lo her to deliver a summons.
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c.) John receives a summons at his home in Maine, notifying him that a
complaint has been filed against him in Virginia. The lawsuit was initiated by
Tom, a resident of Virginia, and relates to a fistfight that occurred between them
at a bar in Massachusetts. John is a resident of Maine, and does not have any
personal or business connections to Virginia.
d.) Trey, who is a resident of Alabama, opened his mail and discovered a notice
of complaint and a summons to appear in court in Nebraska. The lawsuit against
him relates to a minor car accident that occurred in Alabama between him and
Francis, a Nebraska resident.
Select the example where the court has established personal jurisdiction over the
defendant.
a.) Linda is suing a woman she bought a ring from while on vacation in Arizona.
The woman claimed the ring was diamond, but it turns out to be nothing more
than glass. Since Linda is a resident of Wyoming, the jeweler receives a
summons at her storefront in Arizona to appear in court in Wyoming.
b.) Paul and Marnie were married for four years in the state of Rhode Island.
They were recently divorced, and now Paul is suing Marnie for damages relating
to alleged emotional abuse. Marnie, who now lives in Nevada, receives a
summons to appear in court in South Carolina, which is where Paul lives now.
c.) Steve has filed a lawsuit against his former business partner. Their general
partnership was located in Ohio, but Steve doesn't live there anymore, and he
would like the case to go to trial close to his new home in Indiana. The
defendant, who still lives in Ohio, is personally delivered a summons to appear
in court in Indiana.
d.) Shawn is suing a journalist for defamation in the state of Vermont,
which is Shawn's state of residence. The journalist writes for a large
newspaper in Vermont, but she lives in th neighboring state of New
York. The journalist received a cop the complaint and summons at her
office at the newspaper.
e
y of
Select the example where the court has established personal jurisdiction over the
defendant.
a.) Charlie is being sued by a woman who was injured when she slipped and fell
in Charlie's house. Charlie's house is in Wisconsin, but the woman is from New
York. Charlie received a summons ordering him to appear in court in New York to
respond to her complaint.
b.) Bruce is suing a carpenter for breach of contract. The carpenter was hired to
help build a home for Bruce's mother-inlaw in Michigan, which is where the
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carpenter's business is also located. Bruce is a resident of Georgia, so he has
filed the lawsuit in Georgia.
c.) Adrienne is being sued by a tenant in the apartment building she owns.
Both Adrienne and her tenant are residents of Florida Adrienne is currently
vacationing in Italy, but her husband received a copy of the complaint and a
summons at their hom e in Florida.
.
d.) Deirdre is the defendant in a lawsuit filed by a woman who claims that
Deirdre slandered her. Both the plaintiff and Deirdre are residents of Alaska,
but the court has so far been unable to locate Deirdre to serve her notice that
she is being sued.
A corporation is tried for discriminatory hiring practices. After the judgement
against it, the corporation appeals the decision.
What is the purpose of considering the appeal of the trial court's decision?
a.) To ensure a reasonably fair trial was provided by the trial judge
b.) To verify that the trial proceedings were not corrupt
c.) To provide the corporation with a second chance to prove its case or defense
d.) To try the case in front of a different jury
An insurance company is sued for breach of contract. At the end of the trial, the trial
judge issues a judgement n.o.v. (notwithstanding the verdict).
What does this mean?
a.) The trial judge declares a mistrial and the case will need to be retried at a
later date.
b.) The trial judge issues the final verdict, because the judge believes
the jury has failed to apply the law as instructed.
c.) The trial judge issues a written opinion that may disagree with the jury's
decision, but which holds no legal weight.
d.) The trial judge disagrees with the decision of the jury, even though the jury
has correctly applied the law.
A 28-year-old woman is accused of credit card fraud and the case goes to trial. The trial
judge ultimately issues a directed verdict.
Why might this have occurred?
a.) The jury was hung, meaning it could not come to a unanimous decision.
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b.) The judge disagreed with the decision of the jury.
c.) The jury was instructed to decide the case as the judge wanted.
d.) The judge believed the plaintiff did not provide enough evidence
for a jury to possibly decide in his or her favor.
What is a disadvantage of mediation compared to arbitration?
a.) It is possible that mediation will fail to result in resolution.
b.) Mediation is more public, and thus more open to scrutiny.
c.) It relies on a neutral third party to ensure fairness.
d.) Mediation is typically much more costly than arbitration.
In mediation, unlike arbitration, the mediator __________.
a.)
to a dispute
assists the parties in finding a mutually acceptable resolution
cannot be dismissed in favor of litigation
issues a ruling that is binding on both parties
determines and issues a resolution that is an equal
compromise between the parties
b.)
c.)
d.)
Unlike the results of a mediation, an arbitration award __________.
a.) is not a final adjudication or decision resolving a dispute
b.) can generally be appealed and reheard before a court
c.) is more likely to preserve harmonious business relationships
d.) is generally final and cannot be appealed by either party
