Exam 4: Courts and Alternative Dispute Resolution

The simplest form of alternative dispute resolution is mediation.

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

Two businesses-Berry Farms LLC and Canned Jams Inc.-dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

The availability of different remedies is a factor that can affect

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

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

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

The jurisdiction of the federal courts is limited because

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

A federal court will apply federal law in a case involving a federal question.

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

Ovid wants to file a suit against Petra. For a court to hear the case,

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

That a favorable court decision will be likely to remedy an injury is an element of standing.

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

Juan sued Abram in state court, and lost his case. He immediately appealed to the intermediate level appellate court for his state, where he lost again. After losing again at the state supreme court level, he is so angry that he wants to take his case all the way to the U.S. Supreme Court. Does Juan have the right to have his case heard by the U.S. Supreme Court? What is the procedure he would use to get the U.S. Supreme Court to hear his case?

Laws would have no discernible meaning without the courts to interpret them.