Exam 2: The Courts and Alternative Dispute Resolution

Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is

A state court can exercise jurisdiction over anyone within the boundaries of the state.

A court will not exercise jurisdiction over an out-of-state defendant who has only done business in the jurisdiction over the Internet.

Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement.

A state court can exercise jurisdiction over all of the property located within the boundaries of the state.

Negotiation is the most complex form of alternative dispute resolution.

Cyberspace is its own jurisdiction.

State courts are independent of federal courts.

Voir dire is a process for presenting evidence in a case.

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 grants it

A deposition involves written questions for which written are prepared and signed under oath.

Fact Pattern 2-3 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. -Refer to Fact Pattern 2-3. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because

A court's review of an arbitrator's award may be restricted.

Mandatory arbitration clauses in employment contracts are not enforceable.

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 responds to Mack's complaint by filing a counterclaim

Bethany files a suit against Cullen. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is

An arbitrator's award is always the final word on a matter.