Exam 3: Courts and Alternative Dispute Resolution

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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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D

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​

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C

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

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False

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

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Carol files a suit against Andy in a state trial court and loses. Carol can​

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Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because​

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The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.​

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

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Negotiation is the most complex form of alternative dispute resolution.​

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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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Millie and Noble dispute the quality of a suite of furniture sold over the Internet. They agree to resolve their dispute in OpenTerms.com, an online forum. Like most online forums, OpenTerms.com applies​

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A court's review of an arbitrator's award may be restricted.​

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The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of​

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The United States Supreme Court does not have original jurisdiction in any case.​

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

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To have standing to sue, a party must be "standing" in the geographical jurisdiction of the court in which a suit is filed.​

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The verdict in a summary jury trial is binding.​

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Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​

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The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is​

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