Question
1)Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for
1)Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for
no court to exercise jurisdiction.
a state court to exercise jurisdiction over Lora, even if she has no contact with the state.
the United States Supreme Court to exercise original jurisdiction.
a federal court to exercise jurisdiction.
2)D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is,
required to take the case because it originated in federal court..
not required to take the case.
required to take the case because it is a case involving the Court's original jurisdiction.
required to take the case only if the lower court(s) committed prejudicial error
3)Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include
facts showing that the particular court has subject-matter and personal jurisdiction.
facts showing that the particular court has subject-matter and personal jurisdiction.
facts establishing the claim(s) and basis for relief.
the remedy sought.
all of these choices.
4)Neville files a suit against Olina. To obtain information to prepare for trial, the parties engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by
an order of the court.
agreement.
depositions, interroratories, and requests for documents.
voir dire.
5)The ordinary burden of proof in a civil action is
beyond a reasonable doubt.
clear and convincing.
preponderance of the evidence.
none of these choices
6)When bringing a claim based in equity, a plaintiff
does not have a right to a jury trial.
may seek compensatory damages.
may seek punitive damages.
none of these choices.
7)By supplying procedures for enforcing private agreements, contract law provides an essential condition for the existence of a market economy.
True or False
8)An implied term in every contract in Wisconsin is the covenant of good faith and fair dealing.
True or False
9)When determining the intent of the parties to enter into a contract, courts rely on subjective evidence such as what the parties themselves say they intended.
True or False
10)An offer cannot be accepted by performance.
True or False
11)In effect, a counteroffer converts the original offeror into an offeree with the power of acceptance.
True or False
12)An offer may be terminated by the action of the parties or by operation of law.
True or False
13)Due to the uniqueness of land, courts will often grant the remedy of specific performance, which requires the parties to perform the contract as written.
True or False
14)The CEO of Hedonic tells the employees that he will pay a bonus at the end of the year if the company performs well.This is an example of
an illusory promise which cannot make a binding offer.
is an offer which can make a binding contract if accepted.
becomes a contract at the end of the year when the company performs well.
none of these choices.
15)--------attempts to put the non-breaching party in the same position as if the contract has been performed.
Restitution
The expectation principle
A release
Punitive damages
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started