Reference no: EM131851990

1. Businesses that are "deep pockets" (i.e., with lots of money and other resources) generally:

(A) Resolve their disputes formally, through litigation only.
(B) Use litigation when necessary, and often use alternative dispute resolution methods.
(C) Resolve their disputes using litigation, avoiding ADR as much as possible.
(D) Exclusively resolve their disputes through trials, not ADR or voluntary settlement.

2. Brad, a California resident, uses his popular blog to make false and disparaging comments about a dog breeding business in Illinois, Dog Delight, Inc. ("Dog Delight"). Brad knows that Dog Delight's business is located in Illinois and that the false and disparaging comments posted online from Brad's home in California will be seen by other clients of Dog Delight. If Dog Delight sues brad, alleging a state law defamation claim (a claim that Brad's words wrongfully harmed Dog Delight's business reputation), which of the following would likely be true:

(A)Only federal courts in Illinois will have personal jurisdiction over Brad.
(B)Courts in Illinois and California will have personal jurisdiction over Brad.
(C) Only federal courts in California will have personal jurisdiction over Brad.
(D) Dog Delight cannot sue Brad because Brad is an individual exercising his rights to free speech.

3. Sam has a dispute with Pat. Sam would like to sue Pat in a federal district court. Federal courts will have subject matter jurisdiction over the case if:

(A) Two of the other answer choices are correct.
(B) Sam and Pat are both Indiana residents, and Sam sues Pat based on a state law claim for more than $75,000.
(C) An important part of Sam's case involves application of federal law (a federal statute, U.S. Constitutional provision, etc.).
(D) Sam's claim relates to his business rather than personal activities.
(E) Sam's Complaint did not raise a "federal question," but Pat is from a different state than Sam, regardless of the amount Sam sued for.

4. State courts can decide which of the following types of claims:

(A) State law claims and all federal claims.
(B) State law claims and federal claims, but only when the amount in controversy is less than $75,000.
(C) State law claims, and most types of federal claims, regardless of the amount in controversy.
(D) State law claims only.

5. Super Best Energy Drink, Inc. ("Super Best"), a beverage company, is sued by a consumer who alleges that she became seriously ill after drinking a can of improperly purified "Go-Go Cold Cocoa," Super Best's most popular product. The document that begins this lawsuit is generally called:

(A) an indictment, filed by a prosecutor.
(B) a criminal action, filed by a prosecutor
(C) a complaint, filed by a prosecutor or a consumer advocacy group.
(D) a complaint, filed by the plaintiff (or by her lawyer, acting on the plaintiff's behalf).

6. In the case of the consumer versus Super Best, described in question 5 (consumer sues beverage company alleging that she became ill after drinking an improperly purified beverage), the most time consuming portion of the litigation is likely to be:

(A) the time between the end of the discovery phase and the trial.
(B) the discovery phase.
(C) the time between service of process upon Super Best and when Super Best files its answer.
(D) the trial.

7. In the case of the consumer versus Super Best, described in previous questions (consumer sues beverage company alleging that she became ill after drinking an improperly purified beverage), if the case was filed in a state court, eventually resulted in a trial there, and Super Best was found liable, then Super Best's immediate right of appeal would be:

(A) directly to the U.S. Supreme Court
(B) None of the other answer choices is correct; Super Best would not have a right to appeal.
(C) to a state appellate court only
(D) to a state or federal appellate court, whichever Super Best might prefer
(E) to a federal appellate court only

8. In the case of the consumer versus Super Best, described in previous questions (consumer sues beverage company alleging that she became ill after drinking an improperly purified beverage), if the case was filed in a state court, but resulted in a trial in a U.S. District Court, the best explanation for this would be:

(A) The amount in controversy exceeded $75,000, in which event the state court would have automatically sent the case to federal court.
(B) The amount in controversy exceeded $75,000, and Super Best followed the proper procedure to "remove" the case to federal court.
(C) The basis for the plaintiff's claim involved a question of federal law, or the plaintiff and defendant are from different states and the plaintiff reasonably sued for an amount of money exceeding $75,000; in either case the state court would have automatically sent the case to federal court.
(D) The basis for the plaintiff's claim involved a question of federal law, or the plaintiff and defendant are from different states and the plaintiff reasonably sued for an amount of money exceeding $75,000; and Super Best followed the proper procedure to "remove" the case to federal court.

9. On average, which set of figures is most accurate regarding the percentage of civil lawsuits that result in voluntary settlements?

(A) About 90% in state courts; and about 10% in federal courts.
(B) About 50% in state courts, and about 90% in federal courts.
(C) About 10% in state courts, where the rules still favor trials; and about 90% in federal courts.
(D) About 90% in state and federal courts.

10. Which of the following figures is most accurate regarding the percentage of cases appealed to the U.S. Supreme Court that the Court actually hears?

(A) Less than 2% - In a typical year, the Court will hear only a tiny fraction of the cases in which Supreme Court review is sought.
(B) Nearly 100% - Litigants' rights to appeal mean that the U.S. Supreme Court must hear all appeals that are properly brought before the Court.
(C) Between 10% and 20% - the Court hears about 1,000 cases each term.
(D) About 50% - The Court is not required to hear all appeals, but a rotating pool of justices hears as many cases as possible.