Exam 2: The Resolution of Private Disputes

In federal courts,a corporation is:

Bubble Wrap Co.(BWC),an Atlanta corporation,has its principal place of business in New York.John,a resident of Florida,asserted on his website that BWC is engaged in ongoing criminal activity,scams,and phishing.BWC sued John in the U.S.District Court for the District of New York,alleging defamation and injury to BWC's business in New York.John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed.The court granted the defendant's motion and dismissed the case because:

In general,a court has _____ if it is a territorially fair and convenient forum in which to hear the case.

Dillon's,a discount retailer with over 500 employees,includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration.This clause most likely:

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state.What is such a provision called?

Does the Federal Arbitration Act (FAA)override a state law vesting initial decision making authority to a court or administrative agency?

Normally,a motion for summary judgment requires that a court decide there are genuine questions of fact and questions of law.

Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas.Ned has never been to Texas in his life,has never had any contacts of any kind with the state,and refuses to appear in Texas to defend against Greg's suit.Later,after Greg wins a default judgment against Ned,Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas,hence Texas courts had no jurisdiction over him,and for this reason they could not affect his rights to the land.Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

_____ jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication,clarifying areas of agreement,helping see each other's viewpoints,suggesting settlement options,but who cannot make decisions that bind the parties,is called:

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

Generally,forum selection clauses in form agreements are unenforceable.

Which of the following may contain an affirmative defense?

Which of the following notifies the defendant that he,she,or it is being sued?

Which of the following characterizes discovery?

For federal district court diversity jurisdiction to exist,the amount in controversy must exceed $500,000.

Discovery generally takes place without a need for court orders or other judicial supervision.Which of the following is an EXCEPTION to this rule?

Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly.Paul's complaint offers details of Dan's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Dan wants to defeat Paul's claim as fast as possible.The best procedural device for doing so is the:

A(n)_____ must state the remedy requested in the case.

In which of the following cases will the U.S.Supreme Court have original,but not exclusive,jurisdiction?