Question 1

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

Accepted Answer

A) True 
 B)False

Question 2

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

Accepted Answer

A) True 
 B)False

Question 3

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Question 4

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

Accepted Answer

A) True 
 B)False

Question 5

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. If TST files a motion to dismiss, the firm is asserting that

Accepted Answer

A)  even if the facts in the complaint are true, TST is not legally liable. 
B)  the facts in the complaint are not true. 
C)  even if TST is legally liable, Shippers Warehouse cannot prove it. 
D)  if the facts are true, Shippers Warehouse has a right to judicial relief. 
A)  even if the facts in the complaint are true, TST is not legally liable. 
B)  the facts in the complaint are not true. 
C)  even if TST is legally liable, Shippers Warehouse cannot prove it. 
D)  if the facts are true, Shippers Warehouse has a right to judicial relief.

Question 6

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

Accepted Answer

A) True 
 B)False

Question 7

The federal courts are an independent system of courts that is superior to the state courts.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A)  no court to exercise jurisdiction. 
B)  a federal court to exercise jurisdiction. 
C)  any court to exercise jurisdiction. 
D)  the United States Supreme Court to refuse jurisdiction. 
A)  no court to exercise jurisdiction. 
B)  a federal court to exercise jurisdiction. 
C)  any court to exercise jurisdiction. 
D)  the United States Supreme Court to refuse jurisdiction.

Question 9

Giles is a tenant in Home Suite Home, an apartment building owned by Italo. Giles is injured when he falls in an unlighted stairwell in the building. Giles asks Italo to cover his medical expenses. Italo refuses to admit that Giles's injury resulted from a fall in the stairwell, or that Italo should assume liability for the cost. Unable to negotiate a settlement, Giles wants to file a suit against Italo. What pleading begins a suit? Once a defendant is notified of a suit, what must he or she do?

Accepted Answer

Pleadings inform each party to a suit of

Question 10

Electronic discovery can reveal significant facts that are not discoverable by other means.

Accepted Answer

A) True 
 B)False

Question 11

Gina and Harry present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Gina and Harry's dispute is

Accepted Answer

A)  an appellate court. 
B)  a trial court. 
C)  a U.S. magistrate's court. 
D)  a special inferior court. 
A)  an appellate court. 
B)  a trial court. 
C)  a U.S. magistrate's court. 
D)  a special inferior court.

Question 12

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Accepted Answer

A) True 
 B)False

Exam 4: Courts and Alternative Dispute Resolution

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. If TST files a motion to dismiss, the firm is asserting that

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

The federal courts are an independent system of courts that is superior to the state courts.

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

Electronic discovery can reveal significant facts that are not discoverable by other means.

Gina and Harry present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Gina and Harry's dispute is

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

Law and Legal Reasoning

Constitutional Law

Ethics in Business

Tort Law

Product Liability

Intellectual Property Rights

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Classification

Agreement

Consideration

Capacity and Legality

Voluntary Consent

The Statute of Fraudswriting Requirement

Performance and Discharge

Breach and Remedies

Third Party Rights

The Formation of Sales and Lease Contracts

Title and Risk of Loss

Performance and Breach of Sales and Lease Contracts

Negotiable Instruments

International and Space Law

Banking in the Digital Age

Security Interests and Creditors Rights

Bankruptcy

Agency Relationships in Business

Employment, Immigration, and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

All Forms of Partnership

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Corporate Mergers, Takeovers, and Termination

Investor Protection, Insider Trading, and Corporate Governance

Administrative Law

Antitrust Law and Promoting Competition

Consumer and Environmental Law

Liability of Accountants and Other Professionals

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, Wills, and Trusts

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