Exam 3: Dispute Resolution

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Primary methods of alternative dispute resolution include litigation and mediation.

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

In Jones v.Clinton,the court held:

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

While driving through Arizona,Pablo,a resident of New Mexico,was struck by an SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

An appeals court:

Generally,mandatory arbitration provisions in a contract are valid.

Federal jurisdiction based upon a "federal question" includes cases based on:

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

Discuss the advantages and disadvantages of using arbitration rather than litigation.

Summary judgment is appropriate when there are no essential facts in dispute.

A civil case generally proceeds as follows:

When an appellate court hears a case,it may:

A United States district court is:

Define discovery,and identify and explain five of the most important forms of discovery.