Exam 2: The Courts and Alternative Dispute Resolution

No court requires mediation before a case goes to trial.

Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have

After a decision is rendered in a case, no party can file an appeal.

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 its review of Kelly v. Lewis, the appellate court can

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

Jim files a suit against Kary. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is

Most online dispute resolution (ODR) forums automatically apply the law of the state of California.

A long arm statute permits a court to exercise jurisdiction over an out-of-state defendant.

Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court.

An answer can admit to the allegations made in a complaint.

In Federated Corporation's suit against Giganta Discount Stores, Inc., the jury returns a verdict in Federated's favor. Giganta files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is

Dick submits his claim against EZ Bid Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by

Cassidy wants to appeal his case against Deli Snax Corporation to the United States Supreme Court. Cassidy must ask the Court to issue a writ of

Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

Molly files a suit against Nick. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is

Connelly files a suit against Droll Digression Corporation. Droll responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Droll supports this response with witnesses' sworn statements. This is

In Eduardo's suit against Fresco Bank, the discovery phase would include all of the following except

The case of Argyle Clothing Corporation v. Brummel is heard in a Connecticut court with original jurisdiction. The case of Chuck-a-Block v. Dunderhead, Inc. is heard in a Connecticut court with appellate jurisdiction. The difference between original and appellate jurisdiction is whether