Exam 4: Courts and Alternative Dispute Resolution

An appellate court can modify a trial court's decision, in whole or in part.

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

In a case based on diversity of citizenship, a federal court will apply the relevant state law.

Choosing a jury is an important aspect of litigation strategy.

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two firms can

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

Petro Fuel files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

The simplest form of alternative dispute resolution is mediation.

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

A party does not need to have legitimate grounds to appeal a trial court's decision.

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

One party wants to file a suit against another. For a court to hear the case,

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that no reasonable jury could have found for Norwest based on the evidence presented at trial. BSC thus argues that the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? Why or why not? What may an appellate court do on appeal?

A motion to dismiss asserts that a claim has no basis in law.

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.