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ACC 508 Exam 1 Midterm Quizzes Questions & Detailed Answers
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ACC 508 Exam 1 Midterm Quizzes Questions &Detailed Answers
John is a resident of Iowa. While driving through California, he is in an accident
involving Marisol, a California resident. Marisol files a lawsuit in a California state
court. Over John, the California court has:
a. Diversity jurisdiction
b. In rem jurisdiction
c. in personam jurisdiction
d. no jurisdiction - ANS C
Marco files a lawsuit against Allied Company in an Oregon court with limited
jurisdiction. The difference between general and limited jurisdiction is based on:
a. the subject matter of the cases that the court can decide.
b. whether a case is brought by an individual or a business.
c. whether the court is exercising in personam or in rem jurisdiction
d. how many defendants are named in the lawsuit - ANS A
Toybox, Inc., manufactures the Spintop, a toy that the company has discovered
can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not
purchased a Spintop, files a suit against Toybox. In seeking to have the suit
dismissed, Toybox's best argument is that Anne does not have:
a. jurisdiction
b. standing to sue
,c. certiorari
d. judicial review - ANS B
Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco
Farm Supply, a Texas company that sells supplies in Iowa. The court has original
jurisdiction because:
a. the court has concurrent jurisdiction
b. the court has venue
c. the case is being heard for the first time
d. the parties have diversity of citizenship - ANS C
Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington
company, in an Ohio state court. The Trading Post's only sales activity outside the
state of Washington occurs via its Web site. According to the sliding-scale
standard, the Ohio court can always exercise personal jurisdiction over out-of-
state defendants based on Internet transactions if the court finds that the
defendant has:
a. received a national trademark and domain name for its Web site
b. commercial cyber presence
c. conducted substantial business with Ohio residents through its Web site
d. interacted with at least three Ohio residents through its Web site - ANS C
Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation.
Tart, a citizen of North Carolina, read ads for the product in a newspaper and
bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking
,the supplement, Tart suffered a ruptured colon. Alleging that the injury was
caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health
Care asked the court to dismiss the case, arguing that the North Carolina court
could not exercise personal jurisdiction over Health Care. The court most likely:
a. refused to dismiss the case, because it was not fair to make Tart travel to Florida
for trial.
b. dismissed the case because the dispute should be tried in a federal court, given
that the defendant and the plaintiff were from different states.
c. dismissed the case because North Carolina did not have personal jurisdiction
over the defendant, so Tart would have to su - ANS D
Charles loses his breach-of-contract case against Micheletta in a Georgia state trial
court. Charles appeals to the state court of appeals. Losing again, he files his next
appeal with:
a. a U.S. Circuit Court of Appeals
b. the United States Supreme Court
c. the Georgia Supreme Court
d. a U.S. district court - ANS C
Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration
clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in
Transpac's favor. Alliance files a lawsuit, alleging that the award should not be
enforced because the arbitrator made an error in her findings of fact. The court
will likely:
a. review the sufficiency of the award
b. review the merits of the dispute
, c. do nothing
d. set aside the arbitrator's award - ANS C
Jackson, a homeowner, files a lawsuit against Michael, his construction contractor.
Prior to trial, they meet with their attorneys to try to resolve their dispute before
going to trial. This proceeding is known as:
a. early neutral case evaluation
b. arbitrability
c. summary jury trial
d. negotiation - ANS D
Tina decides to take her claim against her Internet service provider to
FairDeal.com, a private, online dispute resolution provider. This limits her access
to the court system:
a. only as to this claim
b. not at all
c. for a period of sixty days
d. entirely, as to this and all other claims against her Internet service provider -
ANS B
Miller signed an employment contract containing an arbitration clause stating that
"any dispute" arising during employment must be resolved by binding arbitration.
Two years later, after she was injured on the job and took leave to recover, she
was fired. She filed a complaint for disability discrimination with the Equal
Employment Opportunity Commission, which gave her a "right to sue" letter. She
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