Question 1

The term alternative dispute resolution refers to methods for resolving disputes outside the traditional judicial process.​

Accepted Answer

A) True 
 B)False

Question 2

International treaties often stipulate arbitration for resolving disputes.​

Accepted Answer

A) True 
 B)False

Question 3

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? If not, why not? What are an appellate court's options after reviewing a case?​

Accepted Answer

An appellate court will reverse a lower

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."​

Accepted Answer

A) True 
 B)False

Question 6

State courts are superior to federal courts.​

Accepted Answer

A) True 
 B)False

Question 7

Most online dispute resolution services apply international principles promulgated by the United Nations to resolve disputes.​

Accepted Answer

A) True 
 B)False

Question 8

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​

Accepted Answer

A)  ​compel arbitration. 
B)  ​review the merits of the dispute. 
C)  ​review the sufficiency of the evidence. 
D)  ​set aside any award. 
A)  ​compel arbitration. 
B)  ​review the merits of the dispute. 
C)  ​review the sufficiency of the evidence. 
D)  ​set aside any award.

Question 9

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

Accepted Answer

A)  ​not required to hear the case. 
B)  ​required to hear the case because D'Antoni lost in a federal court. 
C)  ​required to hear the case because D'Antoni lost in a lower court. 
D)  ​required to hear the case because it is an appeal. 
A)  ​not required to hear the case. 
B)  ​required to hear the case because D'Antoni lost in a federal court. 
C)  ​required to hear the case because D'Antoni lost in a lower court. 
D)  ​required to hear the case because it is an appeal.

Question 10

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​

Accepted Answer

A)  ​the geographical distance between McHenry and OneWorld. 
B)  ​the degree of interactivity via the app between McHenry and OneWorld. 
C)  ​OneWorld's location when the app was created. 
D)  ​McHenry's location when the app was downloaded. 
A)  ​the geographical distance between McHenry and OneWorld. 
B)  ​the degree of interactivity via the app between McHenry and OneWorld. 
C)  ​OneWorld's location when the app was created. 
D)  ​McHenry's location when the app was downloaded.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Exam 2: Courts and Alternative Dispute Resolution

The term alternative dispute resolution refers to methods for resolving disputes outside the traditional judicial process.​

International treaties often stipulate arbitration for resolving disputes.​

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

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."​

State courts are superior to federal courts.​

Most online dispute resolution services apply international principles promulgated by the United Nations to resolve disputes.​

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

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

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

Law and Legal Reasoning

Court Procedures

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Intellectual Property Rights

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Administrative Agencies

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

Property and Its Protection

Filters

The term alternative dispute resolution refers to methods for resolving disputes outside the traditional judicial process.

International treaties often stipulate arbitration for resolving disputes.

Negotiation is the most complex form of alternative dispute resolution.

A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."

State courts are superior to federal courts.

Most online dispute resolution services apply international principles promulgated by the United Nations to resolve disputes.

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

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

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