Exam 2: Courts and Alternative Dispute Resolution

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All Bikes,Inc. ,a firm in Wisconsin,advertises on the Web.A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​

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Tech Performance,Inc. ,completes programming and other tech services for Uno IT Products Corporation.When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed.Uno IT announces to the media that the crash was due to Tech Performance's incompetence and files a complaint in a federal court against the firm.What are Tech Performance's options in response?​

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In response to the complaint,Tech Performance (the defendant)may file an answer in which the firm admits the statements or allegations set out in Uno IT's complaint or denies them and sets out any defenses that Tech Performance may have.(If Tech Performance admits to the allegations,a judgment will be entered in favor of Uno IT.If Tech Performance denies the allegations,the matter will proceed. )In the answer,Tech Performance may assert an affirmative defense-that is,admit the truth of the complaint but raise new facts to show that the firm should not be held liable for the damage sustained by Uno IT.(The sorts of facts these might be and the legal effect they might have are details explained in later chapters in this text. )Tech Performance could also deny Uno IT's allegations and assert a counterclaim alleging that the crash occurred as a result of something Uno IT did and that Uno IT owes Tech Performance damages for the harm done to its reputation.Uno IT would have to submit an answer to the counterclaim.?Instead of filing an answer,Tech Performance might file a motion to dismiss.This motion might contend that Uno IT failed to state a claim for which relief can be granted-in other words,even if the facts presented in the complaint are true,their legal consequences are such that there is no reason to go ahead with the suit.Other grounds for this motion include improper service of process and the court's lack of jurisdiction or venue.(If the motion is denied,Tech Performance will be given time to file an answer.If the motion is granted,Uno IT will be given time to file an amended complaint. )

McHenry,a New York resident,files a suit in a New York state court against OneWorld Inc. ,a company based in California.OneWorld's only contact with McHenry is the company's app,which McHenry downloaded while traveling across the United States.According to the sliding-scale analysis,the factor most likely to confer jurisdiction on the New York court is​

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International treaties often stipulate arbitration for resolving disputes.

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First Community Credit Union and General Hydraulics.Inc. ,have their dispute resolved in arbitration.Before determining the award,the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present.If this meeting substantially prejudices General Hydraulics' rights,a court will most likely​

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Early neutral case evaluation refers to the resolution of a case before the dispute becomes contentious,when the parties' positions are said to be "neutral."​

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In most states,in suits brought in small claims courts,lawyers are allowed.

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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 might prefer to use the alternative dispute resolution method of​

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Arbitration that is mandated by a court is often binding on the parties.

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Cases arising between citizens of different states involve diversity of citizenship.

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The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.

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The role of the courts is to interpret and apply the laws.

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Milo files a suit against Nick in an Ohio state court,noting that Nick operates a Web site through which Ohio residents have done substantial business with him.The court is most likely to have jurisdiction over Nick if Milo's claim arises from​

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An Oklahoma state court can exercise jurisdiction over Petro Resources Inc. ,an out-of-state company,if the firm has​

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In mediation,the mediator proposes a solution and makes a decision resolving the dispute.

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A justiciable controversy is a case in which the court's decision-the "justice" that will be served-will be controversial.

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Concurrent jurisdiction exists when only state courts have the power to hear a particular case.

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Service Employees International Union and Timberline Products,Inc. ,have their dispute resolved in arbitration.The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to​

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A court can exercise jurisdiction over property located that is located within its boundaries.

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

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