Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is

Accepted Answer

A)  likely to have jurisdiction over the case. 
B)  not likely to have jurisdiction over the case. 
C)  likely to refer the case to a higher district court. 
D)  likely to refer the case to an appellate court. 
A)  likely to have jurisdiction over the case. 
B)  not likely to have jurisdiction over the case. 
C)  likely to refer the case to a higher district court. 
D)  likely to refer the case to an appellate court. B

Question 3

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

Accepted Answer

A)  monitor any arbitration until it concludes. 
B)  order an arbitrator to rule in a particular way. 
C)  order a party to bring the dispute to court. 
D)  order a party to submit to arbitration. 
A)  monitor any arbitration until it concludes. 
B)  order an arbitrator to rule in a particular way. 
C)  order a party to bring the dispute to court. 
D)  order a party to submit to arbitration. D

Question 4

An answer never admits to the allegations made in a complaint.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for

Accepted Answer

A)  federal jurisdiction. 
B)  general jurisdiction. 
C)  limited jurisdiction. 
D)  universal jurisdiction. 
A)  federal jurisdiction. 
B)  general jurisdiction. 
C)  limited jurisdiction. 
D)  universal jurisdiction.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)

Accepted Answer

A)  long arm statute. 
B)  in personam statute. 
C)  in rem statute. 
D)  out-of-state jurisdiction statute. 
A)  long arm statute. 
B)  in personam statute. 
C)  in rem statute. 
D)  out-of-state jurisdiction statute.

Question 9

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

Accepted Answer

A)  anything an Ohio resident has done. 
B)  Nick's Web site activities. 
C)  nothing an Ohio resident has done. 
D)  something other than Nick's Web site. 
A)  anything an Ohio resident has done. 
B)  Nick's Web site activities. 
C)  nothing an Ohio resident has done. 
D)  something other than Nick's Web site.

Question 10

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 between a trial and an appellate court is whether

Accepted Answer

A)  the proceedings focus on the presentation of evidence and the examination of witnesses. 
B)  the court is appealing. 
C)  the parties question how the law applies to their dispute. 
D)  the subject matter of the case involves complex facts. 
A)  the proceedings focus on the presentation of evidence and the examination of witnesses. 
B)  the court is appealing. 
C)  the parties question how the law applies to their dispute. 
D)  the subject matter of the case involves complex facts.

Question 11

Justin wants to file a suit against Mikayla. For a court to hear the case

Accepted Answer

A)  Mikayla must agree. 
B)  the court must have jurisdiction. 
C)  the court must issue a deposition. 
D)  the parties must own property. 
A)  Mikayla must agree. 
B)  the court must have jurisdiction. 
C)  the court must issue a deposition. 
D)  the parties must own property.

Question 12

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

Accepted Answer

A)  evidence about the case. 
B)  private information about Thunder's operations. 
C)  public information about energy generation. 
D)  irrelevant data that can be eliminated from consideration. 
A)  evidence about the case. 
B)  private information about Thunder's operations. 
C)  public information about energy generation. 
D)  irrelevant data that can be eliminated from consideration.

Question 13

Fact Pattern 3-1 (Questions 31-33 apply)
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because

Accepted Answer

A)  the case will be heard by a mini-jury. 
B)  the dispute will eventually go to trial. 
C)  the process is not adversarial. 
D)  the resolution of the dispute will be decided an expert. 
A)  the case will be heard by a mini-jury. 
B)  the dispute will eventually go to trial. 
C)  the process is not adversarial. 
D)  the resolution of the dispute will be decided an expert.

Question 14

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

Accepted Answer

A)  at least four justices approve of hearing the case. 
B)  Cathy's petition does not raise a possibility of an important constitutional question. 
C)  the amount in controversy in Cathy's suit is greater than $100,000. 
D)  the Court feels that the lower courts' judgments were erroneous. 
A)  at least four justices approve of hearing the case. 
B)  Cathy's petition does not raise a possibility of an important constitutional question. 
C)  the amount in controversy in Cathy's suit is greater than $100,000. 
D)  the Court feels that the lower courts' judgments were erroneous.

Question 15

Interrogatories are written questions for which written answers are prepared and signed under oath.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A)  not at all. 
B)  until the ODR service has issued a decision. 
C)  with respect to any dispute arising between them. 
D)  with respect to this dispute only. 
A)  not at all. 
B)  until the ODR service has issued a decision. 
C)  with respect to any dispute arising between them. 
D)  with respect to this dispute only.

Question 17

There is at least one federal district court in every state.

Accepted Answer

A) True 
 B)False

Question 18

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 19

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

Accepted Answer

A)  has a sufficient stake in the matter. 
B)  has jurisdiction. 
C)  has sufficient minimum contacts with the parties. 
D)  is a more convenient location to hold the trial. 
A)  has a sufficient stake in the matter. 
B)  has jurisdiction. 
C)  has sufficient minimum contacts with the parties. 
D)  is a more convenient location to hold the trial.

Question 20

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have

Accepted Answer

A)  minimum contacts with the state. 
B)  maximum contacts with the state. 
C)  legitimate contacts with the state. 
D)  legal contacts with the state. 
A)  minimum contacts with the state. 
B)  maximum contacts with the state. 
C)  legitimate contacts with the state. 
D)  legal contacts with the state.

Exam 3: Courts and Alternative Dispute Resolution

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

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is

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

An answer never admits to the allegations made in a complaint.

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

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for

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

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

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 between a trial and an appellate court is whether

Justin wants to file a suit against Mikayla. For a court to hear the case

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

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

Interrogatories are written questions for which written answers are prepared and signed under oath.

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

There is at least one federal district court in every state.

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have

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