Exam 2: Courts and Alternative Dispute Resolution

Ben files a suit in a federal district court against Cathy.Cathy loses the suit,appeals to the U.S.Court of Appeals for the Second Circuit,and loses again.Cathy asks the United States Supreme Court to hear the case.The Court agrees to hear the case.This means that

There is one set of procedural rules for federal courts and one set for state courts.

A deposition is sworn testimony by a party to a lawsuit or any witness.

State courts cannot have exclusive jurisdiction.

Jo files a suit against Lara in a Missouri state court.Lara's only connection to Missouri is an ad on the Web originating in Nebraska.For Missouri to ex-ercise jurisdiction,the issue is whether Lara,through her ad,has

Any relevant material,except information stored electronically,can be the object of a discovery request.

Tyler,a citizen of West Virginia,files a suit in a West Virginia state court against Louisville Sales Corporation,a Kentucky state company that does business in West Virginia.The court has original jurisdiction,which means that

Drummond wants to make a federal case out of his dispute with Elena.Federal cases originate in

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state only over the Internet.

Jack and Jill,citizens of Vermont,are involved in a case related to the adoption of their child.Over this case,the Vermont state courts have

The case of Max v.National Credit Co.is heard in a trial court.The case of O! Boy! Ice Cream Co.v.Refrigerated Transport,Inc.is heard in an appellate court.The difference be-tween a trial and an appellate court is whether

On a motion for judgment on the pleadings,a court may consider evidence outside the pleadings.

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.If Bean and Java resolve their dispute by having a neutral third party render a binding decision,they will have used the method of

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

In Kettle Cafe's suit against Food Services,Inc.,the court issues a judgment in Kettle's favor.The judgment can be appealed to an appropriate court of appeals by

Discount Mart,Inc.,files a suit in a state court against Elements Computer Corporation,alleging that Elements breached a contract to sell 500 notebook computers to Discount.During the course of the suit,Discount files a motion for judgment on the pleadings,Elements files a motion for a directed verdict,and both parties file motions for summary judgment.When and for what pur-pose are each of these motions made?

Most online dispute resolution services apply general,universal legal principles to resolve disputes.

Fact Pattern 2-1 Bean Vendors,Inc.,and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 2-1.The least expensive method of resolving the dis-pute between Bean and Java may be

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

Solar Power,Inc.,files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession.A legitimate reason for this examination is that the documents contain