Exam 3: Courts and Alternative Dispute Resolution

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

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 purpose are each of these motions made

A judge instructs a jury as to the law that applies in a case.

Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court After its review of Kelly v.Lewis,the appellate court can

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

Negotiation traditionally involves just the parties to a dispute without their attorneys.

An answer can admit to the allegations made in a complaint.

Sam,a citizen of Tennessee,files a suit in a Tennessee state court against United Sales Corporation,a Wyoming company that does business in Tennessee.The court has original jurisdiction,which means that

To resolve a dispute,Amy in Boston and Chris in Denver utilize E-Solution,an online dispute resolution (ODR)service.This limits these parties' recourse to the courts

During the trial phase of Fuel Corporation's suit against Gas Stations,Inc.,their attorneys engage in voir dire.This is

Refer to Fact Pattern 3-1.If Java and Kaffe have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be mediation because

Lynn files a suit against Karl.Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach.This is

Service of process is the process of obtaining information from an opposing party before trial.

Mandatory arbitration clauses in employment contracts are not enforceable.

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called

Transnational Corporation and United Shipping,Inc.,agree to a contract that includes an arbitration clause.If a dispute arises,a court having jurisdiction may

Olsen Grocery Company files a suit against Pickle Products,Inc.Pickle responds that even if Olsen's statement of the facts is true,according to the law Pickle is not liable.This is

In Fancy Frills Corporation's suit against Glamour Stores,Inc.,the jury returns a verdict in Fancy's favor.Glamour files a motion asking the judge to set aside the verdict and begin new proceedings.This is a motion for

Carol files a suit against Downwind Boat Corporation.Downwind responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts.Downwind supports this response with witnesses' sworn statements.This is