Exam 2: Courts and Alternative Dispute Resolution

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

(True/False)
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Negotiation can involve the parties to a dispute and their attorneys.​

(True/False)
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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."​

(True/False)
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If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of​

(Multiple Choice)
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Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia​

(Multiple Choice)
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Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may​

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Litigation is the process of resolving a dispute through the court system.​

(True/False)
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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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Hope wants to file a suit against Gerry. For a court to hear the case,​

(Multiple Choice)
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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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In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet.​

(True/False)
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A state case typically originates in a federal court.​

(True/False)
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Service Employees International Union and Timberline Products, Inc., have their dis-pute 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​

(Multiple Choice)
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Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to​

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

(True/False)
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States do not have exclusive jurisdiction on any matter.​

(True/False)
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The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether​

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

(True/False)
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Carol files a suit against Andy in a state trial court and loses. Carol can​

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