Ch.02 Jurisdiction and Dispute Resolution Quiz

Which of the following suffice as minimum contact to give a state court jurisdiction over an out-of-state business or person using that state's long-arm statute?

• All of the above

• Owning real estate within the state

• Committing a tort within the state

• Breaching a contract or fiduciary duty with a business or person in the state

Answer explanation

All of the above options suffice as minimum contact to give a state court jurisdiction over an out-of-state business or person using that state's long-arm statute.

When is jurisdiction proper for a federal court in cyberspace?

• If the defendant merely conducts passive Internet advertising using its website

• If the defendant conducts substantial business using its website

• If there is no interactivity through the defendant's website

• None of the above

Answer explanation

Jurisdiction is proper for a federal court in cyberspace if the defendant conducts substantial business using its website, as stated in the correct answer choice.

Which of the following are subject matters over which federal courts have exclusive subject matter jurisdiction? Choose all that apply.

• International Trade

• Probate

• Bankruptcy

• Family law

• Patent

Answer explanation

Federal courts have exclusive subject matter jurisdiction over International Trade, Bankruptcy, and Patent cases.

Which of the following two requirements must both be satisfied for a federal court to accept jurisdiction over a case involving concurrent subject matters such as contracts, torts, etc., under the diversity prong of the federal subject matter jurisdiction statute cited as 28 U.S.C. § 1332?

• All defendants' residential states are the different from all plaintiffs' residential states

• The dispute involves $50,000 or more

• The dispute involves $100,000 or more

• The dispute involves $75,000 or more

Answer explanation

To satisfy federal court jurisdiction under diversity prong, all defendants' residential states must differ from all plaintiffs' states, and the dispute must involve $75,000 or more.

For subject matter jurisdiction (not personal jurisdiction) analysis, the U.S. Supreme Court held in the Hertz Corp. v. Friend case that federal courts must determine which state is a corporation's 'principal place of business' by looking to:

• the state where the corporation's headquarters is found, always.

• every state where it operates.

• the state of incorporation.

• the state where the corporation's high-level officers direct, control, and coordinate the corporation's activities.

What is the purpose of venue in the judicial process?

• To determine the most appropriate state county courthouse or federal district courthouse.

• To decide the outcome of the case

• To enforce the judgment

• To conduct the discovery process

Answer explanation

The purpose of venue in the judicial process is to determine the most appropriate state county courthouse or federal district courthouse.

In the state court timeline, what is the step that follows just after the complaint is filed and served on the defendant(s)?

• Pretrial Conference

• Discovery

• Motion for Judgment on the Pleadings

• Defs.' Motion to Dismiss

  or

  the responsive pleading called an Answer

Answer explanation

In the state court timeline, the step that follows just after the plaintiff files and serves the complaint is either:

1. 1. the defendant filing and serving a Motion to Dismiss

2. or

3. 2. a response to the complaint called the "answer".

What is the purpose of the motion for summary judgment in the state court process?

• To obtain information and gather evidence about the case.

• To resolve the case through negotiation.

• To decide the outcome of the case, or at least narrow down the claims, based on undisputed facts.

• To conduct depositions and interrogatories.

Answer explanation

To decide the outcome of the case, or at least narrow down the claims, based on undisputed facts.

What is the process of obtaining information and gathering evidence about the case from other litigants or third parties called?

• Interrogatories

• Discovery

• Depositions

• Requests for Documents and Things

Answer explanation

The process of obtaining information and gathering evidence about the case from other litigants or third parties is called Discovery.

What is the purpose of mediation as an alternative dispute resolution method?

• To decide the outcome of the case based on undisputed facts

• To enforce the judgment after the trial

• To resolve disputes through informal discussion without attorneys

• To involve a neutral third party to hear testimony and evidence

Answer explanation

To resolve disputes through informal discussion without attorneys