Q&A Hero

Q: 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.

Q: 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.

Q: Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from a. anything an Ohio resident has done. b. Nick's Web site activities. c. nothing an Ohio resident has done. d. something other than Nick's Web site.

Q: David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is a. likely to have jurisdiction over the case. b. not likely to have jurisdiction over the case. c. likely to refer the case to a higher district court. d. likely to refer the case to an appellate court.

Q: Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. The Vermont state courts a. have concurrent jurisdiction with federal courts over this case. b. have original jurisdiction over this case. c. have exclusive jurisdiction over this case. d. do not have jurisdiction for over case.

Q: 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 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.

Q: Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements a. no court can exercise jurisdiction. b. a state court cannot take jurisdiction because the amount in controversy is less than $25,000. c. a federal court cannot take jurisdiction because the amount in controversy is more than $10,000. d. a federal court cannot take jurisdiction because the amount in controversy is less than $75,000.

Q: Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for a. federal jurisdiction. b. general jurisdiction. c. limited jurisdiction. d. universal jurisdiction.

Q: 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 between a trial and an appellate court is whether a. the proceedings focus on the presentation of evidence and the examination of witnesses. 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.

Q: 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 a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

Q: A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have a. minimum contacts with the state. b. maximum contacts with the state. c. legitimate contacts with the state. d. legal contacts with the state.

Q: 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 a(n) a. long arm statute. b. in personam statute. c. in rem statute. d. out-of-state jurisdiction statute.

Q: 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 jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

Q: Justin wants to file a suit against Mikayla. For a court to hear the case a. Mikayla must agree. b. the court must have jurisdiction. c. the court must issue a deposition. d. the parties must own property.

Q: Most online dispute resolution services apply general, universal legal principles to resolve disputes.

Q: The verdict in a summary jury trial is binding.

Q: A court's review of an arbitrator's award may be restricted.

Q: ADR proceedings are always strictly regulated by federal statutes.

Q: Negotiation is the most complex form of alternative dispute resolution.

Q: In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

Q: Arbitration is always legally binding.

Q: Any judgment is enforceable.

Q: A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Q: A motion for a new trial will be granted only if a constitutional issue is involved.

Q: A closing argument is a statement by a party that results in a summary judgment in that party's favor.

Q: Any relevant material, except information stored electronically, can be the object of a discovery request.

Q: Interrogatories are written questions for which written answers are prepared and signed under oath.

Q: A deposition is a sworn testimony by a party to a lawsuit or any witness.

Q: A summary judgment is granted only if there is no genuine question of law.

Q: On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings.

Q: An answer never admits to the allegations made in a complaint.

Q: A default judgment is a judgment entered against the party who brought the claim before the court.

Q: There is one set of procedural rules for federal courts and one set for state courts.

Q: The United States Supreme Court has original jurisdiction in some situations.

Q: There are twelve justices on the United States Supreme Court.

Q: U.S. district courts have original jurisdiction in federal matters.

Q: There is at least one federal district court in every state.

Q: All states have intermediate appellate courts.

Q: Small claims courts hear both civil and criminal cases.

Q: Lawyers are not allowed to represent people in small claims courts in any of the states.

Q: Federal courts are superior to state courts.

Q: A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

Q: A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet.

Q: State courts cannot have exclusive jurisdiction.

Q: Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

Q: The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

Q: Cases involving diversity of citizenship arise only between citizens of different states.

Q: 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.

Q: 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.

Q: The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in various media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Q: Jim operates Jim's Fruits & Vegetables, a small market stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?

Q: Jon, a law enforcement official, monitors Kelsey's Internet activitiese-mail and Web site visitsto gain access to her personal financial data and student information. This may violate Kelsey's right to a. equal protection of the law. b. privacy. c. procedural due process. d. substantive due process.

Q: To reduce traffic, Harbor Town enacts an ordinance that allows only a few street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. the commerce clause. b. the equal protection clause. c. the due process clause. d. the First Amendment.

Q: Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to a. equal protection of the law. b. indictment. c. procedural due process. d. substantive due process.

Q: Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on a. procedures used to make decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Orin's privacy.

Q: A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of a. the commerce clause. b. the equal protection clause. c. the due process clause. d. the First Amendment.

Q: Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Marie's privacy.

Q: Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.

Q: Which of the following does not necessarily make material obscene? a. The average person finds that it violates contemporary community standards. b. The work taken as a whole appeals to a prurient interest in sex. c. The work shows patently offensive sexual conduct. d. The work shows animals mating.

Q: Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely a. an invalid restriction of individuals' privacy. b. an unconstitutional restriction of speech. c. a violation of adults' rights to enjoy certain privileges. d. constitutional under the First Amendment.

Q: Brad stands in front of Rooster's Round-Up Caf, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech a. all of the time. b. none of the time. c. only if it is noncommercial. d. only if it is symbolic.

Q: Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is a. protected by the First Amendment. b. not protected by the First Amendment. c. protected by the Fifth Amendment. d. protected by the Tenth Amendment.

Q: In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest a. but goes no further than necessary to achieve its purpose. b. without regard to how "far" it goes. c. and the parties affected by it can elect how "far" to go in applying it. d. and goes further than necessary to ensure full coverage.

Q: ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

Q: Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given a. less extensive protection than noncommercial speech. b. more extensive protection than symbolic speech. c. no protection. d. the same protection as defamatory speech.

Q: California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

Q: Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is a. discouraged. b. forbidden. c. protected. d. required.

Q: Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

Q: George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are a. expressly prohibited by the U.S. Constitution. b. protected by the First Amendment of the U.S. Constitution. c. considered to be a form of treason. d. illegal in some states.

Q: Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

Q: Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of a. unprotected speech. b. controlled speech. c. symbolic speech. d. illegal speech.

Q: Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit a. neither Delaware nor the federal government. b. the federal government only. c. Delaware and the federal government. d. Delaware only.

Q: The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against a. obscene speech only. b. others' implication only. c. unreasonable searches only. d. obscene speech, others' implication, and unreasonable searches.

Q: Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to a. petition the government, but not to assemble a group peaceably. b. assemble peaceably, but not to petition the government. c. both petition the government and assemble peaceably. d. neither petition the government nor assemble peaceably.

Q: A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the a. the supremacy clause. b. the commerce clause. c. the federal spending power. d. the First Amendment.

Q: Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by a. FFC and its other competitors only. b. FFC, Greg, Huey, others, and the government. c. Greg, Huey, and other private individuals only. d. the government only.

Q: Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under a. the commerce clause. b. the equal protection clause. c. the due process power. d. the supremacy clause.

Q: Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate a. any commercial activity in the United States. b. only activities that are in intrastate commerce. c. only activities that are in local commerce. d. only activities that are not in commerce.

Q: Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that a. Moe's state law claim preempts the federal law. b. the federal law and state law claim are concurrent. c. the federal and state law claim cancel each other out. d. the federal law preempts Moe's state law claim.

Q: The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the a. dormant aspect of the commerce clause. b. positive aspect of the commerce clause. c. negative aspect of the commerce clause. d. exclusive aspect of the commerce clause.