Exam 2: The Courts and Alternative Dispute Resolution

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Fact Pattern 2-3 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-3. The least expensive method to resolve the dispute between Java and Kaffe may be

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D

Fact Pattern 2-1 Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. -Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, and the court denies it

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C

The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved.

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True

Any judgment is enforceable.

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Ruth files a suit against SyCo Products, Inc. SyCo responds that even if Ruth's statement of the facts is true, according to the law SyCo is not liable. This is

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Don files a suit against Eagle Sales, Inc., in a Florida state court based on a Web site through which Florida residents can do business with Eagle. The court will likely exercise jurisdiction over Eagle if the interactivity of the site is seen as

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A state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state.

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An arbitrator can never render a legally binding decision.

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A lawsuit involving a federal question can originate in a federal court.

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Transnational Corporation and UniShipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may

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Fact Pattern 2-1 Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. -Refer to Fact Pattern 2-1. If Nancy files a motion to dismiss, she is asserting that

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Fact Pattern 2-3 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-3. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of

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Niche Boutique Corporation and Paulina agree to resolve their dispute in arbitration. The arbitrator's decision is called

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Harry, a resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has

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The Internet has no effect on a court's assertion of personal jurisdiction.

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A justiciable controversy is a case in which the court's decision-the "justice" that will be served-will be controversial.

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The jurisdiction of a state court of appeal is substantially limited to hearing appeals.

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Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for

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Fact Pattern 2-2 Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Refer to Fact Pattern 2-2. After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to a federal appellate court if

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Seth files a suit against Trent. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is

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